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(en) France, OCL CA #338 - Fight of the Chronopost picket of Alfortville (ca, de, fr, it, pt, tr)[machine translation]

Date Tue, 9 Apr 2024 07:54:51 +0300

Response to the press release from the Val-de-Marne prefecture of March 14, 2024 ---- The prefecture restores its good standing to the Derichebourg company for refusing regularizations in Alfortville ---- This Thursday, March 14, the Créteil prefecture published a press release concerning its relationship with the Sans-papiers movement in Alfortville. ---- The press release headlines "the State has kept its commitments". He refers to the penultimate paragraph of his press release concerning a meeting which took place on November 24, a meeting during which the prefecture, represented by the chief of staff of the prefect of 94, announced to us three card issues for Chronopost strikers.
It is useful to return to this meeting and to the prefectural reasoning which led to these three regularizations.

The prefecture, in the meeting of November 24 to which its press release of March 14 refers, only dealt with the case of 8 out of 18 strikers.
What did these 8 have in common? They had all been employed by Derichebourg. The prefecture therefore immediately excluded all those who were not from Derichebourg, who were on other sites, and even a person who had worked at the Alfortville agency but with another employer.

What was the method for choosing three people? It is a calculation of hours carried out by Derichebourg. It was necessary to reach 910 hours of temporary work.
So, rather than totaling the number of hours on the pay slips provided itself, the prefecture subcontracted these additions to Derichebourg.
Note that several other people far exceeded this number of hours, but with other employers. These files, not being Derichebourg, therefore do not exist for the prefecture.

Let's look back at these 910 hours of temporary work.
Hiring in Alfortville takes place at 4:00 a.m. (on average, depending on the estimated quantity of trucks to unload). The debauchery is at 7:30. It's been 3 and a half hours. To reach these 910 hours, it takes more than a year. However, the Derichebourg system in Alfortville was designed so that employees could never achieve employee seniority where they could claim rights, or only in exceptional circumstances. This involved employment at the lower limits of half-time and less than eight months. Either the turnover was "natural", when the person's kidneys were damaged and they eliminated themselves. Either this staff rotation was modulated by Derichebourg himself.

And these three and a half hours which do not allow you to meet the regularization criteria, where do they come from? Previously (a long time ago), the work was done by full-time contract workers. Chronopost has substituted a legal cascade to reduce the cost of the parcel.
? Chronopost subcontracts its core business to Deichebourg - first offense of bargaining[1]validated by the State.
? Then, Derichebourg lends itself labor. He uses the services of Derichebourg interim. All employees in Alfortville were formally employed by Derichebourg Intérim. Second offense of bargaining validated by the State.
? Derichebourg Interim, for long-term positions, has contracts for a maximum of one week for each employee. Offense of abuse of temporary employment.
? Finally, massive use of unqualified labor in a context of quasi-slavery with a foreman whose job is to shout all day long so that the unloading and scanning of packages go quickly, quickly, even faster.

So let's summarize:
Derichebourg is a company with a tarnished reputation, which was kicked out by La Poste, an unacknowledged accomplice in the system put in place by Chronopost in Alfortville. It is to this company that the prefecture restores respectability by demanding from it the elements to judge the reality of the work of the strikers.

And how does the prefecture go about restoring good repute? By referring to a DRIEETS investigation, opened and never closed in 28 months of supposed investigations. With an undeniable conclusion for an investigation without a written report, without any communication of progress, "the controls carried out by the labor inspectorate have also not demonstrated the existence of offenses linked to illegal work on the part of the subcontractor[2].»

This absolute confidence of the prefecture in the word of Derichebourg has gone far. During the November meeting, the then chief of staff dared to say to a delegate present. "Derichebourg assures us that it was not you who worked, but Mr. XXX" (the alias). In doing so, he considered photographic evidence of his work on the site null and void. (Attached) Concerning photographic evidence, the head of the foreigners service told us that he only takes into account official confirmation certificates.
But this is in contradiction with the circular which has just been published which specifies on page 4: "In the event of the use of aliases, you will be able to rely on a set of clues to establish the concordance between the identity presented within the framework of the periods work carried out and that appearing on the applicant's civil status documents[3]".

Furthermore, concerning three people who did not work at La Poste who were part of the 32 files, but who did not have a positive opinion, the chief of staff read the instruction summary to us on November 24. This summary of instructions only covers pay slips under aliases even though their filed file contains pay slips in their name. The foreigners service therefore chose not to mention them in the leaflet used by the prefectural body as a form of instruction.

In addition, many undocumented workers from other companies came to participate in the Chronopost picket struggle. This is the result of a general difficulty in obtaining documents from their employers and, even when they have them, it is almost impossible to get an appointment at the prefecture and successfully complete a regularization procedure. It should also be noted that most of the regularizations carried out among the deposits last June concern these people (of the 15 residence cards issued, only 4 were to striking Post Office workers), but since the prefecture refuses other deposits and refers us, for all others, to a common law which does not work. It is legitimate that they too can be regularized.

The Val-de-Marne prefecture is therefore far from having brought a positive resolution to the Chronopost Alfortville conflict. The fight for the regularization of all the occupants of the picket therefore remains completely relevant.

We are calling on Wednesday March 20, 2:00 p.m., with the unitary framework of 94, for a rally in front of the prefecture. We will say Open the ticket windows! Regularize! No to OQTFs

And for the international day against racism, Saturday March 23, 2:00 p.m. Bastille
Repeal of the Darmanin law and all discriminatory and racist laws.

Solidarity, Sud-PTT and Committee of Undocumented Workers of Vitry.

On this struggle also read:
Interview with undocumented DPD and Chronopost delegates on strike "Reverse gear is broken" in Courant Alternatif n° 327 of February 2023

Full press release, press contacts and initial press release from the prefecture on the pdf to download below

The press release in pdf format
[1]For the reader: the offense of bargaining, in terms of labor law, is the introduction of a legal artifice which makes it possible to degrade working conditions and pay

[2]Press release from the Val-de-Marne prefecture of November 24, 2023

[3]Circular IOMV2402701J distributed by the Ministry of the Interior on February 5, 2024

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