France, Alternative Libertaire AL #249 - Right: The disease
is not a legitimate reason for dismissal (fr, it, pt) [machine
translation]
Theresa worked since May 2009 in an insurance agent. It is off work for a little over a
month. Meanwhile his employer retires and the company was bought by a woman who
automatically becomes the new employing Therese. On resume, this is very wrong going on
with the new Employer who can not stand to face a more qualified employee it. On August
11, 2014 Thérèse is off work for depression, with recovery expected on 7 October. When
resuming visit, the occupational physician returns to his doctor who stops again Theresa.
She did not return to work and will be dismissed October 28, 2014. ---- It is forbidden to
dismiss an employee or e-because he or she is sick. Such a dismissal would be considered
discriminatory and said "no". But the bosses always have the option to dismiss sick when
"it is necessary to permanently replace / e-employee". If this provision is intended to
curb the ardor employer is only temporary and when an employer wants to get rid of an
employee or-e that the gene, it is sufficient to wait a bit and the employer is then
systematically it is necessary to permanently replace or employee-e. Yet the provisions
governing the CSD to allow replacements without time limit to replace an absent employee.
There are in some collective agreements provisions dealing with sickness absence. Thus the
collective agreement for staff general insurance agencies shall, in the case of Teresa, to
dismiss her unless she had accumulated four months of absence during the year.
Her employer waited for this period exceeded. She sent Oct. 15 interview prior notice
dismissal. October 24 stands maintenance. And four days later Teresa receives his letter
of dismissal. At the time of his dismissal Theresa barely had accumulated more than four
months of illness during the year. Bad luck for the Employer, a decision of June 2011 the
Court of Cassation ruled that the dismissal procedure of an employee absent due to
illness, can not be initiated before the expiry of the period provided by the collective
agreement. In other words, in the case of Teresa, sending the invitation to interview
prior to dismissal can not be made until the accumulated four months of illness for the
year is reached. What has not been the case.
The advisor of the employee who assisted in the dismissal procedure advised Thérèse to
challenge his dismissal before the Labour Court and Teresa should get a few months' salary
for dismissal without just cause, small consolation for being discarded unemployed because
her employer did not stand!
http://www.alternativelibertaire.org/?Droits-devant-La-maladie-n-est-pas
