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Work accidents: Olivier Dusaupt postpones compensation reform

The government and the social partners have found a new topic of debate: the reform of compensation for work accidents and occupational diseases. Labor Minister Olivier Dusaupt recently rejected joint proposals submitted by unions and employers on the issue on the grounds that they represent “constitutional risk” and causes serious problems “In terms of operational efficiency”. “coincidence”sighs Isabelle Mercier, CFDT national secretary. “It’s disappointing”– adds Eric Chew, vice-president of the Confederation of Small and Medium Enterprises. An overhaul of the system, which was supposed to be approved by parliament this fall, has been postponed indefinitely.

At the heart of the dispute is Section 39 of the Social Security Funding Bill of 2024 (PLFSS), which appeared in the original version of the text. The purpose of this provision was to convey to our legislature the guidelines adopted by the national agreement reached by trade unions and employers on May 15th. They, among other things, asked those in power to take action against certain consequences of the new case law of the Court of Cassation, dated January 20, which is very favorable to victims of work accidents. “unforgivable mistake” of the company and will likely lead to an increase in lawsuits. Increased justice, which the social partners wanted to avoid.

In the PLFSS submitted to the Council of Ministers at the end of September, Article 39 was therefore to be the will of music workers and employers’ organisations. But unions felt the government’s copy fell short of their expectations, particularly because it limited compensation in that case. “unforgivable mistake” of the company. Criticism has also been voiced by two other well-established actors: the National Association for the Protection of Asbestos Victims (Andeva) and the National Federation of Work Injured and Disabled Persons (Fnath). Employers, on the other hand, do not share these assessments.

“analytical work”

Due to such differences, Mr. Dussopt decided on October 18 to repeal Article 39 of the PLFSS and invited the social partners to reopen discussions on the subject. Which they did almost immediately. After several meetings, labor representatives and business leaders were able to agree on 13 November to rewrite Article 39, with the aim of reintroducing it into the PLFSS, which is currently being debated in Parliament. This new version plans to address the inexcusable fault compensation issue “Analytical work [qui] must be busy” by the Commission on Work Accidents and Occupational Diseases, in which sit employees’ and employers’ organizations.

Source: Le Monde



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