The conflicts that animate the prud’hommes reflect on a daily basis our social history. The hearing in the office of the court shall be public. Regularly, a journalist for The Express purpose of attending the debates.
Paris (conseil des prud’hommes, section activities, may 24, 2018 at 14: 30.
The president is surrounded by two counselors and a counselor. Two lawyers represent Louise and her ex-employer, a medical center.
The president (lawyer Louise) : “Master, in demand ?”
The lawyer for Louise : “I ask the council to recognize the termination without cause real and serious. I will request you as the principal to grant this title to my client 38 653 euros net and the same amount in the alternative for breach of the criterion for the order of dismissals. I also claimed 19 126 euros net of damages for injury to separate, 9 563 € pay in lieu of notice and 956 euros of paid leave related 3 187 euros for violation of article 1233, that is to say, the dismissal for economic reasons, 6 € 375 for the violation of the priority of rehiring, as well as 3 0000 euros to article 700.”
The president : “We listen to you.”
The lawyer for Louise : “My client was hired in a medical centre mutualiste Paris on a temporary contract as a management assistant, September 13, 2010. His contract continues with a CDI, she was promoted to management assistant and head of human resources on November 8, 2013. It is paid 3 187,76 € in average, the interviews, and assessment are good.
But my client is absent for maternity leave twice and each time it comes back, the working relationship deteriorates further. It takes other people to replace his position loses some of the substance up to its “in the closet” in September 2016.
at this moment, it is occupied two days a month. It must distribute the tickets restaurants as she has a bac+5. When she denounces these new working conditions, and that it no longer has a job, it ceases to be invited to the general assembly that it had yet.
June 27, 2017, after two years of degradation of his working conditions, he is called to an interview prior to dismissal. It is a shock. She agrees to the contract of professional security, 12 July, 2017, and claims priority of re-employment on 9 August.”
The president : “You are disputing, therefore, the economic nature of the dismissal ?”
The lawyer for Louise : “Yes. For that the economic dismissal is well founded, it is necessary to remove proved to be the position, real economic difficulties of the company and that the company has complied with the requirement of reclassification.
On the first point, the deletion of the position, we withdrew to my client responsibilities to give elsewhere. In reality, her position was transferred to other people. In February 2015, what’s happening ? One-third of its missions accountants are withdrawn and entrusted to a pro contract. When she returned, she found another office, but without a window. It’s isolated. She is sitting without any task to perform, it enters into depression. His post has not been deleted : it has been given to others.
the Second duty of the employer : to justify the economic difficulties of the company. It is just the opposite, it increases staff costs, there are 106 225 euros of cash on the balance sheet. Regarding his rehabilitation, or the possible adaptation of his job, it’s a joke. She is dismissed for economic reasons and we recruited six employees. It is just enormous. And on some positions, no qualifications are required.”
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The president (counsel for the employer) : “We wait your explanations.”
The lawyer of the employer : “We can’t contest the drop in 2016 from the CA central character medico-social. It is hard to recruit practitioners, so the aim is to lower the fixed charges. Considering of job cuts for staff who are not doctors.
I understand that this is hard to accept for your client, but for us it is an economic reason. She tries to make it a personal story, but it is at the level of the economic sector you will appreciate this decision to delete several posts. Madame was concerned, we are sorry to hear that but his post was deleted, so we have met this criterion. For reclassification, we looked at the SIU [economic and social union] and we produce even a table. The positions that do exist do not correspond to his profile.”
The lawyer for Louise : “the Alternative, I made a request for the criteria of the orders not complied with. My client has worked for seven years, she has two young children and wanted to buy an apartment, because they lived four in 32 m2. In short… my opponent only proves to me that the criteria for dismissal have been met.”
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The lawyer of the employer : “This is the only post deleted. The positions are not interchangeable between them, this is not a category of staff within the meaning of the labour code when there is a social plan. The medical assistants of doctors are indispensable assistants “media” as madame the are less.
Are you being asked to more than 19 000 euros for “damages separate”, for a poste, which would have been emptied of its substance prior to dismissal for economic reasons and explain that it is for harassment or bullying because of two returns from maternity leave. It is a rewrite of the facts.
She returned from her first maternity leave in 2015, second in 2016. She did not tell anyone that its tasks have changed. She had a position of assistant management and human resources. She was in charge of the book entries and exits of staff, which relates to nominations, the display of the internal notes, of the medals of the work…
she says that She is gradually pushed out of the information channels. This is false. Its functions are distributed between other workers and a professional contract ? It is again fake. The concomitant temporal does not make the causal link ! “
The president : “But ?”
The lawyer of the employer : “It evokes a depression, but it has nothing on it, no evidence. She was able to perceive a decrease in its activity, but it bears the impact of the decline in practitioners. The more practitioners, the more you do in sales.”
An advisor : “This is the only deletion to position ?”
The lawyer of the employer : “Yes.”
The same consultant : “You have carried out 81 new hires in 2017 ?”
The lawyer of the employer : “Attention ! It is on the whole of the SIU, and this includes the CDD replacement for the holidays. We are not in a period of massive hiring.”
The president : “And the drop in revenue, it is when?”
The lawyer of the employer : “According to the auditor, the decline is tangible between 2015 and 2016 and first half 2017.”
The president : “And the economic issue is resolved with the removal of a single post?”
The lawyer of the employer : “Uh… I’m not talking about SIU, but on the centre, there are 25 employees of which 10 practitioners. The objective is to reduce the fixed charges. The services support it can be happen when there are economic difficulties…”
15: 30. The president : “Speech on 26 June.”
Verdict. The economic dismissal is not justified and the average salary of Louise is 3 187,76€. The employer is ordered to pay 31 877,60 euros as compensation for termination without cause real and serious, 9 563,28 euros of notice and 956,32 euros of paid leave pertaining to 1, 000 euros to article 700.
Zoom : the economic dismissal must be justified
If any company may have recourse to dismissal for economic reasons, however, it has the obligation to implement all of the measures of prevention, support and reclassification in order to avoid the dismissal of the employee.
If the criteria for determining the order of layoffs is established by convention or collective agreement applicable to the company, they are necessary to the employer. In the absence of criteria set out in the convention or the collective agreement, the employer is responsible to define, after consultation of the CE (works council) – or, when it will be established in all enterprises, the CES (economic and social committee) pursuant to articles L 1233-5 and following of the labor code.
If there are no union representatives, the employer must nevertheless take account of family responsibilities (particularly those of single parents), seniority, age, and disability (rendering reintegration difficult), as well as professional qualities of the employee. Of course, the employer may emphasize one of these criteria and even in the add, but on condition that they take account of all other criteria, including whether it makes an individual dismissal for economic reasons. He may not dismiss based on order criteria is discriminatory and “upon the written request of the employee, the employer indicates in writing the criteria used to determine the order of layoffs” (article L 1233-17).
(1) The name has been changed
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Trials outside the norm for the former Goodyear Amiens A contract of employment, it does not change as it sample letter for the dismissal on economic grounds in the context of a PSE
In the case of Louise, this precision has not been made and the non-discriminatory has not been proven by the employer, which makes the dismissal without basis. Finally, since the three judgments rendered on November 16, 2016, the court of cassation has made the group a major reference for assessing the economic cause and the reclassification proposals. On this point, the employer was unable to demonstrate the economic difficulty at the level of the SIU, nor justify new hires when Louise was dismissed.
(1) The name has been changed