A question was asked on Twitter November 10, 2022.
You ask us this claim “50 RATP employees have been on strike for five years.” Coming from the company itself, this Thursday, November 10th, it arises in a full public movement within the Paris transport authority, which significantly disrupts traffic.
The information was conveniently published in an article Figaro It was published on Tuesday evening, where the diary writes: “According to the information we have, 50-60 company employees… have been on strike for 5-6 years. Explanation: they hide behind the unlimited strike notice issued by some unions to stop work. Unlimited strike is legal, recognized by article L. 2512-2 of the labor code and mentioned in the notification. “period of limited or unplanned vacation”.
“They never come anymore”
Those in this context Le Figaro suitable for “little smarts” do not receive a salary, because according to French labor law, a strike terminates an employment contract (therefore, the payment of wages by the employer and the performance of work by the employee are temporarily suspended). On the other hand, the author of the article emphasizes that “They benefit from the company’s mutual insurance and social work”. They continue to understand “All company related benefits such as Christmas gift vouchers, back to school vouchers, […] because they are actually still in RATP’s workforce.”assigns BFMTV for its part.
The company confirms it CheckNews number “50 agents have been on strike for five years” while expressing this “The company does not want to discuss this topic further”. We just got drunk “Those who use these unlimited holiday notices are holidaymakers, so they are not paid,” and the company strives for it “to sensitize the legislature with the unrestricted notification device used in this case that circumvents the right to strike.”
contacted with CheckNewstwo trade union representatives assure that they are not aware of this situation. “At first glance, these are not people identified with the CGT,” CGT-RATP union secretary Vincent Gautheron reports. For him, these 50 strikers are shown by the company “legally they remain employees in the sense that the contract binds them with RATP”, but not really anymore: “They have not received RATP salary for five years. If you’re still on vacation after five years, it’s not because you’re on vacation, it’s because you’re doing something else. Vincent Gautheron draws a parallel with what happened to some of the employees who resigned: “They no longer show up at all, but they don’t necessarily take the administrative step of resigning, and RATP is obligated to hold a disciplinary hearing to determine whether the employee has been fired.” In addition, an employee declared on strike cannot be dismissed.
“Not included in salary”
Regardless, the union secretary is surprised by the allegation that these agents continue to enjoy all the benefits the company has to offer. “If they benefit from complementary health care, then paying their fixed costs is a mutual appeal. “But maybe instead, instead of going through the employee contribution, they pay the membership fee directly by check.” she asks. In addition, Judge Vincent Gautheron, “Gift certificates or other benefits are also not possible” according to him, it is paid “Through the job board” and carry “on wages” – the term that determines the total salary of the company’s employees. “If they are not paid by RATP for 5 years, they are not included in the salary schedule.”
Therefore, we will still deal with people who are considered RATP’s workforce without being on the job. Baptiste Arsale, Secretary-General of Unsa Transport, suggests another way: it could be individuals who strike from time to time, but systematically declare themselves in the same unrestricted strike notice. When the agent goes on vacation, “a few notices” presents himself to him. “This is for November 10 all unions had their own strike notices.” And “Indeed there are three unlimited strike notices including one from CGT, one from FO and one from Unsa. For example, ours is more than four years old., he explains. If these notices are still in effect, it is because the indefinite strike does not end until the union that gave the notice declares that work has resumed. Apart from this statement, there is nothing to confirm that the strike is over, not even the effective resumption of work.
“Dramatic situation of social dialogue”
In fact, Baptiste Arsale believes, “There are certainly 50 agents who advertise themselves on unlimited vacation every time there is a vacation for five years. If there is a holiday tomorrow or next week, they will mechanically do the same thing. But they have not had a holiday for five years.
It is impossible to confirm this or that assumption of the trade union officials, because the company confirms the situation to the press, but refrains from giving the smallest details about it. Whatever the real situation of these workers, the unions agree that the “information” released by the company is only intended to discredit the existing movement. “RATP is playing on unlimited strike notices that were issued quite legally several years ago. They use it so that everyone can take a vacation with ease. It’s good that they want to change the rules, but that doesn’t change the dramatic state of social dialogue in RATP.Baptiste Arsale laments. “Later, said We are talking about 50 people out of more than 60,000 employees.”