RELIGION The law brought by the minister, Myriam El Khomri, has introduced the “principle of neutrality” in the right job…
religious beliefs, appear more and more at work. This year, 65 % of employees say they have observed several manifestations of the religious in their own business, compared to 50% in 2015. It is this that reveals this Thursday, a study conducted by the Institute Randstad and the Observatory of the religious fact in the company (Offer).
This survey was conducted between April and June, or before the law that Work is definitively adopted, on 8 August last. However, you may remember the controversy born in march. A few weeks after the presentation, in the press, of the great principles of the bill Work, Marine Le Pen, and Jean-François Copé and Eric Ciotti were mounted to the niche to accuse the minister Myriam El Khomri want to introduce the ” religious freedom in the business.”
The ” principle of neutrality “
The text is now being voted on, the accusations were justified ? Well, no. Because if the law does in fact introduce a new concept, it is one of the ” principle of neutrality “. Without however, specify the nature : “neutrality can therefore refer to the religious but also the political beliefs,” said ms. Anne-Laure Périès, partner in the law firm Capstan Avocats.
More specifically, the law allows the company to register the “principle of neutrality” in its rules of procedure. In practical terms, this means that the company may issue regulations from restricting “the manifestation of the beliefs” of its employees. But only in two cases. First, ” if these restrictions are justified by the exercise of other human rights and fundamental freedoms “.
But then, what is the “fundamental freedom” would be threatened by the wearing of a veil or a yarmulke ? The law does not specify this. “This formulation aims may be the speech proselytes… “, risk Me Anne-Laure Périès. One thing is certain, however : the internal regulations could not prohibit the discussion of political or religious within the confines of the company. The Council of State has already considered that this type of exchange was the freedom of the employees.
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” citizens sometimes do not understand that private enterprise is not the French State : the principle that we must meet is not that of secularism, but the freedom of consciousness, ” says Bénédicte Ravache, secretary general of the Association of human resources managers (ANDRH).
” We must not discriminate against employees, and we must therefore do everything to enable them to “come as they are”, either with a piercing, a deep neckline or a veil. To ask them to forgo these “attributes”, it is necessary that the company has a justified reason. “
For example, that the wearing of a religious sign is contrary to all standards of hygiene and/or safety. Or that religious belief vienna challenge a clause of the employment contract. Thus, ” a bartender can’t refuse to serve a glass of alcohol, unless it has been hired in a bar in water “, explains Bénédicte Ravache. This recalls to mind the law El Khomri, when it says that the restriction of ” the manifestation of the beliefs of the employees [is justified] by the necessities of the proper functioning of the enterprise “.
” The law Work says nothing more that the labour Code “
in other words, “the law Work only confirms the current practice in the company,” says Bénédicte Ravache. But does it go further, for example, prohibit the wearing of a religious sign in certain types of positions ? “The act Labor says nothing more that the labour Code, which stipulates that individual and collective freedoms may not be restricted without that they are justified by the nature of the task to accomplish nor proportionate to the aim sought,” responds ms. Anne-Laure Périès.
And for the time being, the legal uncertainty remains on these points, whether in France or in Europe. The Court of justice of the european Union is currently working on the case of two employees who were dismissed for wearing the veil. The first, an engineer with the French, was acting in a professional client, when the second, an attendant belgian, was in contact with the general public.
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If these cases will be prosecuted in 2017 only, the general counsel shows up for the time objected to the dismissal in the first case, but positive in the second. For Me Anne-Laure Périès, ” the question of the religious in the company is so far from being ended, and all indications are that the debate will continue in France and in Europe “.
It must, however, be careful not to hystériser the discussions, whereas in France, the case in contention remain in the minority : they have to do less of a religious matter in 10 (9 %), according to a study by the Institute Randstad and of the Offer.
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