(en) France, Alternative Libertaire AL #244 - Lead Rights:
The hiring CDD (fr, it, pt) [machine translation]
Frank[1] is a framework graduate of 57 years, specializing in quality management, living
in a rural community. It is long-term unemployment. Knowing that a private retirement home
looking to recruit a maintenance man, he postulated. The employer offered him a four-day
fixed term contract, with the possibility of being hired on permanent contracts after a
while. Then a 15-day CSD. Then a CSD a week. These different CSD have apparently legal
grounds: the "official" reason is the replacement of different people missing. The
contract of the last CSD, although starting on Monday, has been proposed for signature on
Thursday, but said as the date of signing the first day of the week. On the advice of the
local union, Frank quietly, at the signing of this Contract, adds the actual date on which
he signed the contract. The next afternoon, the employer informs him that he does not
indicate his contract renewal.
The law which governs claims CSD make exceptional contracts. Yet nearly three quarters of
hires are made in CSD. Hijacking of the law by employers are legion ... and state services
do not put anything in place to oppose it! However, when it is possible to demonstrate
that the law has been violated, the requalification of CDI CDD tribunal is possible. Frank
was aware that the employer did not submit the contract to "no later than within two
business days of hiring," had violated the Labour Code. But faced with the possibility of
a new fixed term contract, refuse to sign the contract was taking a risk. So he signed his
contract. The day after the signing, the employer, just waiting for that formality,
informs that it is terminating the employment relationship.
With an employment contract which is given a signing date beyond the statutory two days,
Frank can rely on case law of the Supreme Court stated: "The work of fixed-term contracts
must be sent the employee no later than two days after the hiring and (...) its late
transmission for signing amounts to a lack of writing resulting reclassification of the
employment relationship ended contract. "In addition, it can be argued that at the end of
the second CDD he continued to work without signing a new contract, allowing again to
obtain requalification. He filed a case to the tribunal.
Frank should get a retraining allowance (one month's salary), pay in lieu of notice (one
month under the Collective Agreement of Private Hospitals) and a symbolic compensation for
dismissal without just cause and irregular procedure, but lost the job he hoped to get.
Jean-luc Dupriez, Union defender (CGT)
???
[ 1 ] The first name is the scene is changed, the rest is genuine.
http://www.alternativelibertaire.org/?Droits-devants-L-embauche-en-CDD
