Devenir une organisation représentative au niveau national interprofessionnel. Les enjeux juridiques de l'action des employeurs de l'économie sociale

The recodification of the Labour Code and the reform of social dialogue have strengthened the role of national interprofessional bargaining in the legislative process of adoption of reforms on labour, employment and vocational training, without resolving the issue of the representativeness of employers? organizations. In some sectors, such as the social economy, the notion of ?interprofession? is being debated, because of the nature of the professional activities of these sectors and of the unusual legal statuses of employers. The protests led by the main employers? organization (Usgeres) are multifaceted: new alliances for the elections of industrial tribunals, bargaining agreements labelled interprofessional without the signature of the Medef, the CGPME and the UPA, and legal proceedings before the Council of State. The institution of the Fund for securing professional pathways (FSPP in French) in 2009 has revived interest in this debate by providing an original procedure of consultation of employers? organizations outside the field of interprofessional bargaining. These reforms and these protest movements of the current rules of representation lead us to question the notion of interprofession. Is it real or should we only speak of interbranches or intersectors? This raises the question of determining the scope and the ?off-scope? of interprofessional agreements.