(en) Alternative Libertaire AL #246 - Right: The motivation of dismissal ---- Jean Luc Dupriez, union CGT defender (fr, it, pt)

(en) Alternative Libertaire AL #246 - Right: The motivation
of dismissal ---- Jean Luc Dupriez, union CGT defender (fr, it, pt)
[machine translation]

Eveline[1] was hired part time - 28 hours a week - to households in an equestrian center. 
It was not signed an employment contract and the employee was paid by check service 
employment. While nothing was ever charged, five months later, on February 22 to 16 hours, 
the employer required that she leaves work "on the spot", never to return. Three days 
later, the employee sends a registered letter to the employer commits "the procedure 
should be as soon as possible" . In response, the latter wrote: "I hereby confirm your 
dismissal due to incompatibility and end of mission. The employment contract ended on 22 
February.? ---- The Labour Code requires that the reasons for dismissal are set out in 
writing in a registered letter with acknowledgment of receipt. The default statement in 
writing of the reasons outweighs the lack of real and serious cause dismissal. In 
particular verbal dismissal is unfair. For Eveline, besides it is impossible to regulate 
the dismissal after the breach was found - which is the case here - the reasons given, of 
course illegal, just show that there had no reason to dismissal, if not the power to 
"divine right" of the employer.

Pierre Gattaz, president of MEDEF, stated in a press conference on October 14, 2014, will 
disappear the obligation to justify dismissal. The stakes are high: such a lack of 
obligation to state a reason which can later be checked would eventually restore the 
absolute power of big business in business. The class war is now conducted without false 
modesty by MEDEF.

But we're not there. Following his dismissal, Eveline seized the Labour Court. Counsel for 
the employer, faced with this situation, not even sought to prevent a finding of unfair 
dismissal. He has sought to play down the damage suffered by Eveline in the messy and 
accusing without evidence of having alcohol in the workplace and insulting participants in 
equestrian competitions.

The Labour Court ordered the employer to pay three months' salary under the unfair 
dismissal and the lack of due process, plus a week's pay in lieu of notice.

In the end, faced with the finding in the judgment by the board as "termination of the 
employment contract has no characteristic of a dismissal for cause real and serious" and 
"that the employer has failed in all its legal obligations " Eveline lost his job and 
received a very limited compensation. But even this, management wants to see it disappear!

[1] The name was changed

http://www.alternativelibertaire.org/?Droits-devant-La-motivation-du