For a week the Parisian garbage collectors have been on strike. Depending on the neighborhoods you frequent, you couldn't miss the mountains of garbage bags that litter the sidewalks, block entrances, and sometimes even overflow onto the roads. The City of Paris and the government are passing the buck to put an end to this scourge.
On Tuesday, the mayor of the 17th arrondissement Geoffrey Boulard, had revealed that the City of Paris "had signed a contract with a private provider to collect waste, at night, in some districts of Paris impacted by the strike of garbage collectors". Comments confirmed by the City of Paris on March 14 on its Twitter account.
2. "The city has asked the private sector to intervene in a palliative manner to free up spaces where safety must remain assured, prevent the risk of unsanitary conditions and ensure safe routes." @egregoire
— Paris (@Paris) March 14, 2023
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"Replacing strikers with outside companies is illegal. We must be careful with the law, "said Philippe Martinez, secretary general of the CGT, on BFMTV. What is it really? 20 Minutes takes stock.
It is written in black and white in the Labor Code, article L1242-6: "It is forbidden to conclude a fixed-term employment contract (CDD) to replace an employee whose employment contract is suspended following a collective labor dispute. " Same rule with temporary workers. On the other hand, a company can completely reorganize services and distribute tasks.
Because of this prohibition, the employer can neither recruit temporary workers to replace the strikers nor entrust the work of the strikers to temporary workers already employed in the company.
The employer who does not respect this prohibition is exposed to a reclassification of the fixed-term contract as a permanent contract and a heavy fine. The temporary employee will then be entitled to an indemnity of at least one month's salary, and he will be considered as working on a permanent contract.
Subcontracting is allowed
However, volunteers can quite replace these strikers. And it is quite possible for the employer to use another company. Either the requested company intervenes directly within the striking company by sending its own employees. In this case, it will be a subcontracting and not a loan of labor prohibited by law. Either the requested company carries out the production itself on its own premises. However, this company will not be able to use temporary staff for this work.
The Court of Cassation has ruled several times to this effect. In February 2019, he was tried in a dispute affecting the road transport sector, that the drivers' strike did not prohibit the employer from using and disposing of its vehicles and from using other transport companies.
With regard to the requisition of strikers that has been in question since 15 March, only the prefect can give the order. The situation is therefore perfectly legal, since it was the prefect of police of Paris, Laurent Nuñez, on the orders of the Minister of the Interior, who informed of his decision to requisition garbage collectors. On Tuesday evening, Gérald Darmanin had warned that if the PS mayor of Paris refused to make the requisitions herself, the State would do so for reasons of public health.
- Philippe Martinez
- Labour Code
- Gerald Darmanin
- Fake Off