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(en) France, Alternative Libertaire AL #256 (Dec) - Right: Challenging the redundancy (fr, it, pt) [machine translation]

Date Sat, 9 Jan 2016 12:01:34 +0200

Ali was hired September 23, 2013 as a mason. In addition to the employer, the company had another employee. The employer is not setting him all overtime worked, Ali began to claim and noted in his diary schedules made - that each employee who work overtime should be systematic. The employee claims were finally translated, June 16, 2014 by a dismissal for economic reasons. ---- A redundancy must meet a number of criteria. First the employer must show, if the employee contests the dismissal before the tribunal, there is an economic circumstances forcing him to remove one or more positions. Most often employers rely, as in the case of Ali, economic difficulties. But, for example, they can also claim a threat to competitiveness or reorganization of the company...

Then he must show that he has effectively and sustainably - but not necessarily final - abolished the position of the employee. In the case of Ali, six months after he was fired, there was no new hiring officially in business. Ali knew that the employer had to work another mason black, but has not been able to prove this.

Finally, the employer has a graduation requirement. But in the case of a very small, almost always consider the tribunal that the employer is unable to reclassify the employee. This left the reality of economic difficulties. The testimony of an employee of the adviser who attended Ali during the preliminary interview showed that the employer is simply asserted that "in orders are late (and that) was not enough work for the next months". Which generally corresponded to the reason given in the letter of dismissal. But the jurisprudence imposes on the one hand that the economic difficulties must be demonstrated by the employer, and secondly they must be sustainable, there is no solution other than dismissal and that -ci is necessary for the survival of the company.

In the case of Ali, the employer could have imposed him to take his leave, or put it into partial unemployment... In his judgment, the Labour Court Council "notes that (the evidence provided by the employer) would allow to appreciate the reality and seriousness of the alleged economic difficulties "and that therefore" the cause of the dismissal is neither real nor serious ". In addition to getting reminders wages and benefits trips, Ali received 3000 euros for unfair dismissal, an amount that corresponds to the weak but "tariff", based on length of less than one year and the company's small size.

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