France, Alternative Libertaire AL #250 - Right: Dismissal
following a work accident (fr, it, pt)[machine translation]
(a-infos-en@ainfos.ca)
Frédéric[1] was hired in 2009 as a farm worker in a farm which produces duck. Among other
tasks he had to carry out the force-feeding of ducks. For this he had to pull arm
strength, daily gaveuse the "Installed on wheels" which weighs 800 kg. This lasted until 6
April 2010, when he was the victim of an industrial accident causing him damage to the
spine. It is placed on sick leave until 30 April 2011. During the visit of recovery it is
unfit for duty and the MDPH (home of the disabled) declares the disabled worker. Frédéric
was dismissed for not reclassifying. After this accident, the employer changed its gaveuse
with a new fitted with a motor and thus no longer requiring to be pulled to the force of
arms by the agricultural worker in charge of feeding.
During his dismissal Frédéric asks his employer - as it is right as it was fired following
an inability resulting from an accident at work - to benefit from the doubling of
severance pay and the payment of compensation in lieu of notice, compensation that more
must be doubled, since Frédéric is recognized disabled worker. The employer farmer,
although its responsibility is clearly involved in the accident and the consequences
suffered by the employee refuses to pay. The employee is obliged to submit an application
to the labor court to enforce its rights.
At the hearing, the employer noted that he proposed a reclassification to the employee,
the employee reclassification know they can not afford and that it therefore refused.
Without embarrassment, the employer says this refusal reclassification was abusive and
therefore he did not have to pay! However, the tribunal noted that occupational medicine
has not ruled on the compatibility of the proposed station with its own recommendations -
no prolonged standing and no trunk rotation. As against the Board finds that the
employee's explanations show that the item "could be in contradiction with the
recommendations of occupational medicine." And that therefore the refusal of the
reclassification of position by the employee "is not abusive and that therefore it will
right" to requests of the employee.
Today many workers are victims of accidents predictable work occurring because employers
refuse to make savings, enforce safety standards. All challenged the Labour Code by the
government Valls, all the obstacles put in place the reform of labor courts to legal
remedies for employees, also will have the practical effect of back safety returns. If
these "reforms" go die at work will be a reality called for a great future.
[1] Names and places that could identify the employee concerned has changed.
http://www.alternativelibertaire.org/?Droits-devant-Licenciement-suite-a
