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Right to error: the project of the government is known

The text, intended to improve relations between the State and the enterprises, must be presented at the Council of ministers on 29 November. Here is what it con

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Right to error: the project of the government is known

The text, intended to improve relations between the State and the enterprises, must be presented at the Council of ministers on 29 November. Here is what it contains.

The bill for a "State in the service of a trusted company" needs to change the relationship between government and business. Long promised by Emmanuel Macron, it has been validated by the national Council of assessment of standards (CNEN) and must be presented at the Council of ministers on 27 November. The site specialized in the building, The Monitor, had obtained a copy of the text and has unveiled the main measures.

Less bonds and a premium to the good faith

the spirit of the law, promised during the campaign by the president of the Republic, is to ensure that the administration accompanies instead of punish the leaders who are of good faith. A "right to error" is therefore going to be enshrined in the legislative texts for the benefit of your constituents.

It will include all of the obligations that are the responsibility of the head of the company, with the exception of the risks related to the environment, public health or the time of payment. For the rest, if the business manager ignores unintentionally an obligation of declaration, it will be able to escape punishment.

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In the field of labour law, the text establishes "a better modulation of administrative sanctions which may be imposed by the Direccte in the event of breaches of the provisions of the labour code which govern the terms and conditions of counting of working time, the maximum duration of work, rest, the minimum wage provided by law (...) as well as to the applicable rules concerning hygiene, food and accommodation of the workers." If, in the matter, the company is of good faith, it could not be punished, but receive a warning.

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Another key measure of the text: the "ruling" will be expanded. This system allows a business manager to query the administration as to whether it is in the rule. Already in force regarding tax and customs, this principle will therefore be extended to all other areas. Unless a dispute is in progress.

Limit the controls made to SMALL and medium businesses

in order To resolve disputes involving a fine of more rapid and non-contentious, the bill proposes to establish a transaction with the business. The administration should therefore try to resolve the issue in advance by a financial transaction.

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In both regions, Hauts-de-France and Auvergne-Rhône-Alps, an experiment will be conducted during three years in order to "save the productive force" of SMES and VSES. In the clear, they do not lose their time with administrative issues.

A single company will not be able to undergo controls of the administration for a cumulative duration of more than nine months. Unless the presumptions of serious failures exist.

Read our complete file

Oups.gouv.fr : the website of the government on the right to the error The "right to error" to be definitively adopted in the Parliament The employees home victims progress to caregivers?

in Another experiment, planned for four years this time, the need not to ask the businesses to provide too much paperwork. If the services already have the necessary parts or may be able to request another service, they will not solicit the business leaders.

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