“What we are experiencing, with the Prime Minister’s decision, is a punch on the table. It is not necessarily the most effective method but it is a very strong political gesture”, explained Tuesday, October 11 on franceinfo Bernard Vivier, director of the Higher Institute of Labor. Elisabeth Borne asked the prefects to initiate the procedure of requisitioning the personnel essential to the operation of the Esso depots.
franceinfo: The CGT denounces an attack on the right to strike and suspends its participation in meetings with the government and employers. Who is right ?
Bernard Vivier: The right to strike is a right established in the Constitution, it was recognized in 1864, and it is indicated that the right to strike is exercised within the framework of the laws which regulate it. So there may be restrictions on the right to strike, it is not a right above all other rights. The right to come and go to work is a fundamental right and to occupy work premises is an obstacle to the freedom to work. Closing down the workplace to force non-strikers to put pressure on the strikers is also an obstacle to the freedom of work. The other restriction is motivated by the need to safeguard public order and ensure the continuity of public services. So, we are at the requisition. This is a device which is provided for in particular in the code of local authorities and which allows employees to be requisitioned in the event of an emergency. It’s not to bring back all the workers, it’s to ensure a minimum service.
Is the CGT wrong when it evokes the precedent of 2010 and a decision of the International Labor Organization?
It’s a bit exaggerated. In 2010, there were requisitions, some of which were confirmed by the courts by saying that it was necessary to ensure the delivery of fuel, at the time in Roissy where there were only three days of fuel left. In other circumstances, the judges, who decide whether the prefect was right or not, challenged the decisions taken. The CGT appealed to the International Labor Organization, which did not condemn France. She said, be careful, this right of requisition must be used after having carried out a lot of consultations, it is a right of limited use. What we are experiencing this evening, with the Prime Minister’s decision, is a punch on the table, it is not necessarily the most effective method, but it is a very strong political gesture.
Is it therefore a legal gesture to avoid a disturbance of public order?
Yes, but with many nuances. We are in a somewhat hazy situation where the assessment of the urgency, seriousness, tranquility and public safety is not clearly defined. We are in a situation where we can consider that there is possible trouble, a threat to public order, and that there is a need to provide a minimum service. But you have to be very careful because inevitably the CGT will take action before the judges and it is not certain that the judges will give an answer to all the requisitions. Requisitions are launched by the prefects in the departments.