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Volume XII, Number 176

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Employment Law: Presidential Elections Part 2

Labor law is not central to the 2nd round campaign. The great opposition between Marine Le Pen and Emmanuel Macron is on pensions. Marine Le Pen is opposed to any increase in the current legal retirement age (62). The candidate of the Rassemblement national (RN) defends a legal retirement age of 60, for employees who worked before 20 and for forty years. Emmanuel Macron, on the other hand, wants to raise it to 64 or 65 and is still considering a broader reform, which could give rise to a referendum. The pension question might well be a key to the 2nd round of the election.

Besides this, Marine Le Pen still carries the idea of a national preference. Her program plans that the access of foreigners to any public or private employment, to the exercise of certain professions, economic or associative activities, functions of professional or union representation, would be fixed by law. Marine Le Pen clearly reserves the right to prohibit, by a simple law, any type of employment for foreigners in any sector of activity. Such a provision would most certainly be deemed contrary to the constitutional principle of equality, as well as to EU regulations. Before any adoption, such a provision would therefore require a modification of the constitution and of European commitments. Such a provision if adopted, would necessarily impact the activity of many French economic sectors.

Marine Le Pen refers from time to time to the need to make labor law more flexible. However, she usually does not specify her thoughts or give concrete examples. Such a statement is likely more of a slogan than an element of her program.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 112
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About this Author

Nicolas Léger  partner  Labor & Employment
Partner

Nicolas Léger is a partner in the Labor & Employment Law Department.

Nicolas advises French and foreign companies on complex reorganizations, and more broadly on collective labor relations (collective agreement negotiations, organization of working time, staff representation, etc.). He assists his clients on sensitive individual and collective litigations and also handles on the social aspects of corporate operations.

Nicolas has a PhD in Private law and a Master’s degree in labor and employment law from Paris I University Panthéon-Sorbonne and the Employment Law...

+33-1-5305-6019
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