The Aubry Laws: Revolution by Legislation

The decisive moment came with the 1997 electoral victory of Lionel Jospin's "plural left" coalition. Martine Aubry, daughter of Jacques Delors and a seasoned politician, became Minister of Employment and Social Affairs with a mandate to implement the Socialists' signature promise: the 35-hour week.

Aubry approached the task with characteristic determination and pragmatism. Rather than impose the reduction overnight, she designed a two-stage process. The first Aubry Law, passed in June 1998, set the framework and incentives. Companies that reduced working time and created jobs would receive substantial social security contribution reductions. This carrot approach encouraged experimentation and negotiation.

The second Aubry Law, enacted in January 2000, made the 35-hour week mandatory for companies with over 20 employees, with smaller firms following in 2002. But the law's complexity went far beyond simple hour reduction. It introduced new concepts like "RTT" (Réduction du Temps de Travail) days—additional days off to compensate for hours worked beyond 35 per week. It maintained monthly salary levels despite fewer hours, effectively raising hourly wages by 11.4%. It capped annual overtime at 130 hours and increased overtime pay premiums.

The implementation required massive negotiation. Unlike previous labor legislation imposed from above, the Aubry Laws mandated company-level agreements on how to organize the reduction. This produced over 35,000 separate accords, each tailored to specific workplace needs. Some companies opted for shorter daily hours, others for additional days off, still others for flexible arrangements varying by season or workload.

A textile factory in Lille might negotiate a four-day week with 8.75-hour days. A Parisian consulting firm could maintain traditional hours but grant 23 additional RTT days annually. A tourist hotel in Nice might work intensive schedules in summer compensated by extended winter breaks. This flexibility within a rigid framework typified French approaches to regulation—detailed rules allowing negotiated exceptions.