The first article of the Labour Code, L1, is the result of a pragmatic observation: prior consultation makes it possible to construct better applied and more stable legal rules. Since the Larcher law of 2007, the government must therefore, before submitting a bill relating to labour law, carry out “prior consultation with trade union organisations representing employees and employers with a view to the possible opening of negotiations”.
Official objective: at least a consultation that is required of any government. Unofficial objective: to give time to the social partners to negotiate and sign a national interprofessional agreement, then taken up by law. This is the case of the national interprofessional agreement (ANI) of February 10, 2023 on the sharing of value, with its “transposition law” of November 29, 2023.