Practices or generative behaviours of moral suffering and of wrong being were always present in the working world. What is new however, it is their intensity, their frequency and the worsening of their psychopathologiques consequences which, many years, took a frightening dimension. Tiredness, exhaustions, sleep troubles, depressions, suicides in the most serious cases, are so many troubles which knew an indecent growth within the French firms these last years. Many researches on international plan showed correlations between professional stress and pathologies as cardiovascular disturbances or depressions. Progress of scientific knowledge is however accompanied hardly by a real social recognition.

The recognition of the mental dimension of the health of the wage earner was eclipsed by the contemporary consecration of the notion of moral harassment. However, borders of moral harassment become clear and they receive better that the notion of mental health has a clean legal space and can produce effects of right without the mediation of the notion of harassment. The protection of mental health includes a psychical dimension which makes take into account factors of risks which find a place to live at all levels of the organisation of working conditions (strategical, organizational, manager, technical).

The present document has as object to try to put down in its economic context the problems of suffering at job and to introduce tracks of reflexion, in order to development of an enactment on health and ease at job, both at the level of its foundations and of its contents. After a first examination by the National Офис and, subject to the agreement of this last, these directions will be subjected to the evaluation of all the social partners.

I. Facing financial capitalism, let us reassert the central place of job

The suffering at job finds one of its foundations in the evolution of capitalism which had the effect a disintegration of job and isolation of the wage earner (A). In this direction, it is necessary to reassert the place of job as engine of an individual and collective development (B) which could not be source of suffering.

A. A financial capitalism d structurant job

The evolution of worldwide economic context is characterised by the passage of an industrial capitalism in a financial capitalism dominated by the majority shareholders, more and more greedy for dividends and having trodden underfoot, mostly, never in the firm. It is well-known that the system such as he is organised, aims at the denaturation most pushed of the personal, social and willy-nilly emotional link which can exist between leaders and their employees. So, a true distance between those took place who decide on objectives and on those who have to apply them.

He results from it three consequences to the organisation of job:

An enhancement of job: the wage earners are more and more compelled by obligations of result assessed according to quantitative and qualitative criteria. Quantitative and qualitative requirements are often accompanied by a reduction of enrolments, making the wage earners make always more with less and forcing these to submit to professional practices infringing the ethical rules of their job.

A management of human resources disconnected from the human being: which is translated by a vagueness of missions, an overwork, a nonexistence of career plans, an incompatibility of working timetables with social and family life, etc This management is relieved by a speech of insecurity of job to the individual ladder (all wage earners would be threatened by precariousness, risk of losing its job) and in the collective ladder (idea of an industrial decline by a phenomenon of general implementation of relocations).

An individualization of the worker: modern job is not any more introduced as a source of solidarity, but since the place of individual success. The objective of hierarchy is the increase of productiveness, the principle of management is the individualization of the worker and the bet in competition. The individual is not more than a potential of development and of creation of wealth.

The principles of management use tools which multiply the control of the performance of the wage earners and to them bet in permanent competition.

The paroxysm of this step is attained in the centres of calls where the wage earner must only debit a script of dialogue in time limited sometimes the same with the obligation to express himself by smiling!

While present France a productiveness an hour of job among the highest of industrial countries (Eurostat source) the policy of Nicolas Sarkozy and from UMP consisted in aggravating psychosocial risks by encouragement at overtime, in job of Sunday, at status of the auto-businessman which makes some wage earners use an additional activity to compensate for the weakness of their remuneration.

In the alone fourth quarter 2008, 185,6 million overtime were accomplished in France, that is a 28 % progress over one year!

The general implementation of job on Sundays notably in the tourist zones becomes little by little a reality as we had reported it during the vote of law.

Today the reality of job for millions of wage earners, it is job under high pressure.

This evolution drove to a change like the contract of employment which passed of an obligation of means (the wage earner must accomplish work at best job) in an obligation of results (fill objectives fixed by the employer).

The suffering at job is the fruit of the increase of the physical, psychical and mental workload which influences the workers. It is also the expression of a true crisis of job, which implicates gravely the sense of job, lived by the workers, to the point of implicating their mental health.

B. The reaffirmation of the value of job

To work, it is not only to produce, to transform, to create treasures. It is also to bloom individually and socially and to construct his identity in the society. During the last presidential elections, right wanted to impose its vision of job. Through maxim to work more to win more appeared a competitive and individualistic conception of job. On the contrary, we must assert our conception of job which cannot be summed up by frustration and suffering but must be source of development:

> Job should not constitute any more a source of frustration and of suffering: the subjective report at job is in the centre of the problems of professional suffering. He can be conceived as a research of balance between pressures and of satisfaction. When the sources of satisfaction are lived as superiors in pressures, the person concerned feels himself in general satisfied with his professional situation. He will judge while the report between its contribution (working time, dedicated, objective efforts not filled to explain) and its reward (wages, various marks of recognition, progress of career) is favourable to him. It is when this report is reversed that the question of malaise and, beyond, of suffering takes all its signification. The policies of management fixing unachievable objectives and adjoining most often on reproaches constitute in this direction the humus of the malaise.

> The affirmation of job as one of the main sources of development: our reflexion will also have to be guided by the official report of the central and preponderant place of job in social identification and personal development of every wage earner. Job constitutes one of the pillars of the identity of a person and dresses a social admitted function. Job is also source of human relations within the firm, who remains one of the rare places of sociability. Job must be a factor of realisation and of development for the wage earner, giving him the possibility of using, of implementing and of developing its potentialities.

> It is necessary to act on the training of the future managers: we offer that all trainings intended for functions of supervision include a module inevitably on health at job and more particularly on psychosocial risks.

It is to assert the borders in a way to work more to win more and to draw the outlines to work better to live better .

II. A prevention of risks of suffering at job by the strengthening of CHSCT and of industrial medicine

The essential axle of offered reform is to tell risks of suffering at job before they cause psychological disturbances to the wage earners (A). Organisms to be reinforced in this direction are the committee of hygiene, of security and of working conditions (CHSCT) and the industrial medicine (B).

A. Of a culture of repairing in a culture of prevention

As part of suffering at job, France is anchored in a conception of repairing of already caused psychological confusion. We must set up in this direction mechanisms of prevention to avoid at the farthest that any suffering is generated by job.

To pass of a traditional legal regime founded on the repairing of attacks in mental health in a legal regime favouring prevention by anticipation and elimination of factors of psychosocial risks to the source in the firm, it is necessary that the social actors have the possibility of intervening upstream to identify, of dealing and of eliminating situations and factors. All the social actors (wage earners, union organisations, Directions, employers, Works councils, CHSCT, doctors of job in the private sector, CTP and CHS in the public sector), will have to be linked by the institution of mechanisms of dialogues and of cooperation, in the installation of preventive policies of psychosocial risks and internal Charters to firms on the prevention of these risks.

It is necessary of this fact to reinforce social democracy, the essential lever in this struggle for the prevention of suffering at job. The union organisations and the representatives of the personnel in firms constitute a centerpiece of this preventive device of psychosocial risks notably by their action within CHSCT and by the negotiation of dispositions dedicated to the prevention of psychosocial risks included in the collective labour agreements of branch.

B. A directed action on CHSCT and industrial medicine

1. The committee of Hygiene of security and of working conditions (CHSCT)

Under the presidency of the employer the committee of hygiene, of security and of working conditions (CHSCT) unites, in the firms of more than fifty persons, the employer, the representatives of the wage earners, the doctor of job and the representative security of the firm. This institution representative of the personnel has as mission to contribute to the protection of health and of security of the wage earners of the establishment and in the improvement of working conditions. In the firms which count less than fifty wage earners, it is the workers' representative who takes functions of CHSCT. No collective mechanism is envisaged underneath the threshold of ten wage earners.

This organism is most often criticised for its lack of independence in relation to the employer as well as its lack of means in financial year of a so fundamental mission as the prevention of security and of health of the wage earners.

The Socialist Party in this direction advocates:

> A bigger independence in relation to the employer:

- A direct election by the wage earners: To reinforce legitimacy and role of CHSCT, we offer a direct election of his members by all the wage earners according to modalities identical to the election of the members of the works council.

- The status of the members of the CHSCT would be reinforced: the employer must leave to every member of the CHSCT, for exercise of his functions, a credit of the hours monthly minimum which varies according to the enrolment of the establishment. This number of the hours is weak (2 hours a month for a firm which is composed of 99 wage earners in most). It is therefore necessary to augment the number of the hours for exercise of the function of member of CHSCT and not to differentiate, in the payment of these hours, according to the nature of tasks, that they are administrative or decision-making.

- Attribution of a clean budget: to guarantee the independence, as well as the capacity to complete the mission successfully (by calling external experts for example) CHSCT must be endowed with a clean budget.

- The recognition of a right to act for collective interest: The case law progressively spread the right of action of CHSCT in the name of collective interest but these requests are permanently subjected to protest and draw many procedures away. We offer to dedicate by law this clean right of CHSCT.

- An increase of the obligations of information of the employer: the employer would be required to announce any document to CHCST, even out of the frame of his meetings, in link with the organisation of job.

> A mission specified for the recognition of suffering at job:

- The affirmation of a general mission of prevention of risks relating to the health of the workers: since 2002, the Supreme court of appeal maintained that influenced the employer an obligation of results concerning security and health of the workers. It is a question, in accordance with this obligation, of giving to CHSCT a true mission of prevention of risks influencing security and health of the wage earners and, notably, mental health of these last. The questions of suffering at job have to be in the middle of the mission of CHSCT.

- A widening of the right of alert of CHSCT: in the state of current right, when a member of the CHSCT determines the existence of a reason of serious and imminent danger, he notifies of it immediately the employer or his representative and records this opinion on a special register. The employer, or his representative, is required to undertake an inquiry immediately with the member of the CHSCT having notified him of danger and to take the necessary measures to remedy it. The bill will enlarge the right of alert which will be able also to concern all serious risks for the health of the workers. The employer will have to subject in CHSCT measures envisaged to stop the attack carried to the health of one or several workers.

> A broader establishment of CHSCT

For establishments having at least 50 wage earners: every CHSCT will have to indicate in the breast one or several persons who will have title of adviser of prevention . These advisers will be particularly charging up of questions touching working conditions and risks of suffering at job. They will benefit from a training adapted to these problems. They will have as mission to be listening to wage earners and to diagnose the impact of the policies of management on the health of these last. They will also have to issue proposals in CHSCT and to the employer as for the evolution of the organisation of job in the firm.

When several firms are established on the same site and to guarantee the coordination of the prevention of security and of health on this site, it would be offered to allow, either to firms by collective agreement, or to government inspector when this last the necessary judge, to create CHSCT. This committee would represent all present establishments on the site and would be composed of representatives of CHCST of the present firms. In the same way, and for the same reasons, it will be offered to allow the creation of CHSCT inter-establishment when the wage earners of these establishments work on a common site.

Law will also have to allow creation by agreement of branch of CHCST having vocation to be told and to control all the risks of security and of health of the wage earners working within the same branch.

For establishments having less than 50 wage earners: at first, it is necessary to remind that the socialist Party wishes emergence in the small enterprises of institutions representative of the personnel in even to guarantee the rights of the workers. So that, and in main title, the socialist Party wishes that is established as obligation the creation of inter-company CHSCT regrouping small enterprises of the same labour pool or by field. In subsidiary title, PS offers that, in the absence of CHSCT in the firm, the wage earner could grab an adviser of prevention registered on a list established by the prefect. The mode of designation and the status of this adviser in prevention will draw inspiration from that of the adviser of the wage earner who intervenes in the procedures of dismissal. This adviser will have to be independent of the employer (therefore not remunerated by this last) and credit for mission to watch if the methods of organisation of job set up by the employer have the effect of achieving the health of the wage earners. Further to its intervention, a report would be delayed to the wage earner having grabbed him as well as to the employer. If for the delay to define the employer did not respect recommendations of the adviser of prevention, the wage earner would be entitled to grab courts by the procedure of the summary judgment.

The control of objectives: every wage earner will be able to grab an adviser of prevention when he will think that objectives allocated by the employer are unachievable or likely to implicate his health. The adviser in prevention will establish a detailed report addressed to the wage earner and to the employer. In case of subsequent protest on the dismissal either for an occupational disease or for an industrial accident, this document will be of right product in procedure.

2. A bigger independence of the industrial medicine

The government contents itself with determining difficulties of medical demography to envisage a reform which will lead to an industrial medicine has minimums. The failure of negotiation between the social partners results mainly from the will to abolish regular visits and to entrust the real direction of services to the wage-earning managers who indeed depend on employers.

The independence of the industrial medicine is a major objective. We offer the creation of equal regional structures of health at job chaired alternately by an employer and a wage earner. These regional structures would be the direct employers of the doctors of job. The maintaining of the direct access of every wage earner to his doctor of job is an imperative the implementation of which assumes the revaluation of the course of study of training today confronted with a true crisis of recruitment.

Beyond the reforms of structure, it seems necessary to reach an opening up and a bet in network of all dealers, notably as part of the shared medical records.

The particular situation of the wage earners confronted with restructurings demands an intervention specific and individualised by a psychosocial balance sheet of prevention the implementation of which will be a condition of legality of social plan.

III. A better prevention of risks by a strengthening of the right of expression of the wage earners

One from efficient means of prevention of the suffering to the job remains the possibility left to the wage earners to express himself. Far from the theories which can be worked out on anxiog ne nature or not of a manager practice, nobody can better receive the adverse effect or positive effect of working conditions than those who live them every day.

Eight wage earners of Telecommunications France on ten answered the questionnaire on psychosocial risks sent to 102 French wage earners by the committee of equal piloting charged with audit on stress and working conditions to Telecommunications France. Thrown in September after many suicides of wage earners in this group, it included 160 questions concerning for example their workload, the recognition of their job, mobilities, their relations with the supervision or else their psychological situation linked to job.

The homogeneity of the profiles of the persons having answered and the fact that there is not big difference according to ages, seniority, jobs or status, manifesto of a real will of all the wage earners to communicate, to express himself about their working conditions.

One of the purposes of laws " AUROUX " of 1982 was the institution of a right of expression of the wage earner: The wage earners benefit from a right to direct and collective expression on contents, conditions of exercise and the organisation of their job. This expression has as object to define actions to be implemented to improve their working conditions, the organisation of activity and quality of production in the working unit to which they belong and in the firm .

In this direction, and because the expression of the wage earners reinforces the effectivit of their right to health at job, the Socialist Party offers:

> Institutionalization of a right of expression of the wage earner on working conditions within the firm: organised every other year, this right of expression would materialise by a questionnaire worked out by CHSCT and sent to all the wage earners. The wage earners would have the possibility of answering it with the guarantee of anonymity. They could also subject questions upstream in CHSCT who will have opportunity to include them or not in the questionnaire. In the firms without CHSCT, this questionnaire would be worked out by an adviser of prevention. As part of the development of this questionnaire, the employer will have the obligation to announce any document to the adviser of prevention likely to establish the organisation of working conditions.

> The compulsory organisation of a collective negotiation on the basis of the results of the questionnaire addressed to the wage earners: every other year, the employer will have to begin a negotiation with the union representatives on working conditions. These negotiations will have as main objective to take into account the expression of the wage earners and have as plinth of departure answers to questionnaires.

IV. Repairing

At the time when the majority decide to subject to the tax on income sick pays paid to the victims of industrial accidents, the socialist Party wants to reassert its whole solidarity with the wage earners victims of accidents, of diseases or of suffering at job. The indemnification which repairs attacks in physical integrity or in health of a wage earner who went into service of a firm cannot be considered, as it was case by the minister of the budget, as tax alcoves .

We offer in this direction, on one hand to legislate to forbid the taxation of any indemnification, that it touches accidents, diseases or suffering.

On the other hand, the socialist Party wishes that this indemnity leads to an entire repairing of detriment by the recognition, as in nonpolitical, of personal detriment.

The recognition of occupational diseases and of industrial accidents, notably for psychosocial disturbances, relay today of the course of the combatant, what justifies a lightening and an acceleration of procedures.

V. The strengthening of the bodies of control

A policy of primary prevention assumes first that safety regulations and rules of health at job are respected. The means of the examination of job do not allow him today to answer this mission. The strengthening of the examination of job as that of the industrial medicine imposes medium additional human beings.