A dramatic turn from article 2: after three days of debate marked by very lively incidents, the Assembly rejected the "senior index" by 256 votes against 203, and 8 abstentions. 38 LR deputies voted against.
A slap for the government, greeted by cheers and songs from the elected officials of Nupes, quickly rebuffed by the president of the Assembly Yaël Braun-Pivet.
"Tonight, the whole left and the FN are celebrating" this vote, lamented the Minister of Labor Olivier Dussopt, who called them "Tartuffe".
"If the Nupes withdraws its useless amendments, it is still possible to defeat the government on article 7 and the extension of the legal age to 64 before the end of the week!", for his part reacted the leader of the National Rally, Marine Le Pen.
This negative vote promises another three days of suspense and tension at the Palais Bourbon, where the debates will end on Friday, with or without a global vote, for a transfer of the text to the Senate. Without guarantee on the holding of a vote and even a debate on article 7, which pushes back the legal age of departure from 62 to 64 years.
This nocturnal episode is also new proof of the great complexity of the government's equation, which is banking on an agreement with LR to have the text adopted in Parliament despite the persistence of the social movement, with a fifth day of action on Thursday.
Tuesday afternoon, Elisabeth Borne had dropped ballast on the aspect of long careers, announcing that employees eligible for this device, that is to say having started working before the age of 21, would not have to contribute more 43 to retire, once they have reached the required early retirement age.
Matignon then clarified that it would be possible to leave without a discount with these 43 years of contributions.
In the initial project, some long-career employees had to contribute for 44 years.
A new gesture from the government towards LR, whose management is trying to contain the deputies refractory to the adoption of the text.
In the forefront of which the vice-president of the party Aurélien Pradié, who in session Tuesday evening still criticized Olivier Dussopt for "not providing any answer to the questions of the parliamentarians" and warned him of a future "major democratic problem".
Tabled in the evening, the government's amendment provides for a possible departure at age 63 for those who have worked 4 or 5 quarters before the age of 21, as well as future measures by decree, which has left LRs waiting.
There are also "500 million euros to find" to finance these measures, quantified the Minister of the Economy, Bruno Le Maire, on LCI on Tuesday evening.
The debates have hardly advanced, the presidential majority, feeling fragile, having rather slowed down the pace. During the day, Elisabeth Borne had once again urged the left to withdraw the "blocking amendments" to allow "a real substantive debate".
More than 14.200 amendments remain to be examined by Friday evening, and 18 articles of the bill.
The Nupes has withdrawn more than 1.000 amendments since Monday.
First targeted by these accusations of obstruction: La France insoumise, weakened by the various incidents of the session, the latest having led the deputy Aurélien Saintoul to present his "public apologies" to the Minister Olivier Dussopt, treated as "murderer".
"Last Summons"
LFI is also under pressure from its Nupes partners as well as from the unions. But the president of the LFI group in the Assembly Mathilde Panot refused to commit to withdrawing the amendments, defending "a strategy of moving parliamentary resistance".
At the same time, a fifth day of action awaits the executive on Thursday, organized at the call of the eight main unions. A "last summons", according to Laurent Escure (Unsa), before a new day on March 7, after the school holidays, which could trigger renewable strikes.
Thursday, the numbers one of the inter-union (CFDT-CGT-FO-CFE-CGC-CFTC-Unsa-Solidaires-FSU) will parade in Albi, symbol of this France of small towns very mobilized against the reform. In Paris, the demonstration will leave Bastille in the direction of the Place d'Italie.
After 963.000 demonstrators, according to the authorities, more than 2,5 million according to the unions on Saturday, the crowd should be lower on Thursday. At the national level, a police source said to expect between 450 and 650.000 people, including 40 to 70.000 people in Paris.
Disruptions are expected to be limited in transport, with 4 out of 5 TGVs in circulation and normal traffic in the Paris metro. On the other hand, only 1 out of 2 TER will circulate in the regions and in Paris, and the service will be partially disrupted on certain suburban trains.
Similarly, 30% of flights at Orly will be canceled, and regional airports affected.