Barthelemy Philippe, edited by Maxime Asseo 06:24, January 21, 2023, modified at 06:27, January 21, 2023

Last Thursday, public transport users were heavily penalized by the massive strike of public transport workers against the pension reform.

However, a minimum service law has existed since 2007. But why does it not work?

Europe 1 takes stock. 

Intercity lines closed to the SNCF, very disrupted traffic at the RATP, public transport users were heavily penalized by the mobilization against the pension reform last Thursday.

Many public transport employees went on strike despite the law on minimum service, passed on the initiative of Nicolas Sarkozy in 2007 "which provides that a minimum level of service can be established in the event of a strike or other disturbances foreseeable, affecting trains, metros and buses", according to the site vie-publique.fr. 

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A weak law

However, this law has not stopped public transport employees from striking en masse, because in reality, it is not very restrictive either for the striking staff or for the transport companies.

The text only requires employees on strike to declare themselves no later than 48 hours in advance.

As for the company, it must draw up a transport plan taking into account absences and inform users of disruptions no later than the day before the movement. 

In fact, the law on the continuity of public service in transport does not prevent metros or trains from remaining on the platform.

Therefore Valérie Pécresse and Bruno Retailleau ask parliamentarians to legislate on the minimum service in transport to make it truly effective.

More generally, the right is calling for a rewrite of the law to ensure normal service at peak times.

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A superior right to strike 

"Impossible", answers the Minister of Transport, Clément Beaune, who justifies himself by the constitutionality of the right to strike.

However, this is also the case for the continuity of public services, including transport.

But in reality, this principle must accommodate the right to strike, said the Constitutional Council.

As a last resort, the State can ask the prefects to requisition the strikers, but it reserves this weapon for cases of lasting disturbances to public order.

This was the case last October to free the oil refineries, blocked by the CGT strikers.  

In the meantime, the chances of a new massive strike in public transport are great since the unions have called for a new mobilization on January 31st.