Faced with the excitement surrounding the El Khomri bill, I am rather calm: I trust the government and social partners to find a good balance between the necessary reform of labor law and respect for our social model.
On the other hand, I am very mobilized against Article 6 of the said law, which states that employees’ freedom to express their religious beliefs can only be restricted if justified by the exercise of other freedoms or the proper functioning of the company.
Until now, as is appropriate in a republican and secular country, it was up to the employee to accommodate the constraints imposed by the organization of the company in his religious practice.
Now with Article 6, it will be the opposite: the company will have to adapt its functioning to allow the employee to exercise his religious freedom: an open door to external signs, visible religious behavior, proselytism, and all kinds of pressures. And why not, for example, the refusal to work under the orders or alongside a female colleague?
In our Republic, religion – whose exercise is free and protected – belongs to the private sphere; it has no place in the public space. However, with Article 6, we are in full-blown communitarianism, light-years away (philosophically speaking!) from republican universalism.
Moreover, this issue of communitarianism in the workplace is already a problem. It has plagued certain companies like the RATP, where one of the Bataclan attackers worked. We also remember the Baby Loup daycare affair, which resulted in the closure of this exemplary establishment (and there it was about the proper functioning of the company!).
This article is another example of the PS’s hesitation regarding communitarianism and respect for secularism. Until now, the President of the Republic resisted better than his party on these issues. With Article 6, this is no longer the case: the Bianco line prevails over that of Elisabeth Badinter (of course, opposed to this new retreat…)
Yes, Article 6 is a pernicious article! It is imperative that all Republicans mobilize to prevent its adoption.
by Patrick Mottard, President PRG06
The Government introduces in the so-called “El Khomri” law, a provision highly detrimental to the principle of secularism in the workplace.
Indeed, it is stated in Article 6 of the Preamble of the law: “the employee’s freedom to express their beliefs, including religious ones, cannot be restricted unless they are justified by the exercise of other freedoms and fundamental rights or by the necessities of the proper functioning of the company and if they are proportionate to the aim pursued.”
This provision presents, in our view, the risk of opening the door to possible religious manifestations in the workplace, leading to proselytism or even communitarianism. Religious practices should have no place in companies, the principle of neutrality must prevail!
To this end, we support the position defended by essayist Malika Sorel and request:
The withdrawal of this article from the bill, its replacement with a provision allowing company managers to equip themselves with internal regulations that enable them to protect themselves against religious excesses.
The principle of neutrality and secularism in the workplace must be affirmed!
Proud of its long tradition, the Radical Party will remain a staunch defender of secularism in all aspects of our society!
Hervé Cael, President of the Radical Party 06
