Les députés réunis en session plénière ce mardi 15 juin 2021 ont adopté à l’unanimité, après des critiques et amendements, la relecture du code de travail, proposée par le gouvernement. Présent à l’hémicycle durant le débat, le ministre chargé du travail, Gilbert Bawara a expliqué les motifs de cette réforme, 6 mois après l’adoption du nouveau code de travail.
Selon l’émissaire du gouvernement, deux aspects fondamentaux ont poussé l’Exécutif à procéder à cette réforme. Le premier, détaille Gilbert Bawara, c’est les tensions sociales et les débats concernant les modalités d’organisation et de création des structures syndicales qui ont émergé au lendemain du vote du nouveau code de travail le 29 décembre 2020. « Nous nous sommes rendus compte qu’il y avait un certain nombre d’insuffisances, de lacunes et un manque de clarté dans certaines dispositions ; d’où la nécessité d’apporter des clarifications, des précisions et d’éviter que les polémiques et les débats que nous avons connus ne puissent se reproduire ou se répéter », a-t-il expliqué.
Le second événement important qui est survenu dans le pays, poursuit le ministre de la fonction publique, du travail et du dialogue social, est l’accélération des discussions et des négociations que le gouvernement avait entamées en vue de l’implantation du parc industriel d’Adétikopé. « A l’occasion des discussions avec les promoteurs et les investisseurs, un certain nombre de problèmes, de préoccupations ont été exprimé. Dans un environnement de compétition et de concurrence entre les Etats pour attirer les investissements, il nous fallait réfléchir à un certain nombre de mesures incitatives pour nous assurer que ces investissements puissent être réalisés mais en même temps être soucieux de la création de l’emploi de qualité et des mesures contribuant à la création et au développement des compétences de nos frères et sœurs togolaises. Voilà un peu le contexte qui nous a conduit à entreprendre ces modifications additionnelles », a justifié Gilbert Bawra.
De son côté, la Présidente de l’Assemblée nationale, Mme Yawa Tsègan rassure que cette réforme n’entame en rien tous les acquis et l’équilibre déjà observé dans la protection des travailleurs, des entreprises et des organisations professionnelles d’employeurs. « Cette nouvelle délibération a pour but de donner plus de place à la négociation collective dans le droit du travail pour renforcer la compétitivité de l’économie et développer l’employabilité des salariés. Elle apporte plus de souplesses aux entreprises pour adapter le temps de travail, de repos et de congés en tenant compte des variations de l’activité de l’entreprise. Cette loi sera une grande réforme sociale, qui transformera en profondeur le droit du travail pour favoriser une plus grande représentativité des organisations syndicales en s’appuyant sur le dialogue social », a-t-elle précisé.
Conformément à l’article 67 de la Constitution, le Président de la République peut, dans le délai de quinze jours à compter de l’adoption de la loi par le Parlement, demander une nouvelle délibération de la loi ou de certains de ses articles, notamment pour remédier à une déclaration d’inconstitutionnalité ou pour prendre en compte d’autres enjeux majeurs.
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