The Council of State confirmed on Monday the cancellation of the social plan implemented in 2017 at the ex-automotive supplier in the Creuse GM & S. This decision opens the way to better compensation of employees in this social file which had poisoned the first months of Macron's presidency.
The Council of State reinforced the decision of the Administrative Court of Appeal of Bordeaux which had estimated in October 2018 that this PES (plan of safeguard of employment) contested in justice by employees, was based on "tainted grounds errors of law. "
The highest administrative authority essentially considered that this PSE, approved by the regional director of enterprises, consumption, labor and employment of the Nouvelle-Aquitaine region, should not have based the criteria of order of dismissal based on seniority alone, whereas the law also requires taking into account personal situations (single parents, difficult reinsertion, etc.) as well as professional qualities.
Complaints against Renault and Peugeot
This decision "opens the door to compensation for the employees who seized the industrial tribunal of Guéret", explained master Jean-Louis Borie, the lawyer of ex-GM & S. The GM & S factory of La Souterraine had been taken over for a symbolic euro in September 2018, with 120 jobs kept out of 277. Among the dismissed workers, who had received only the statutory compensation, 55 had seized the industrial tribunal.
However, this body was awaiting the decision of the Council of State to reopen the file. These employees can expect an “additional indemnity paid by the guaranteed wage insurance (AGS, financed by an employer contribution). "
Another legal proceeding is still in progress. Employees have filed complaints against Renault and Peugeot, the main principals, for having caused the fall of the car supplier in the Creuse and are claiming compensation.
The Goodyears return to the Prud'hommes
This decision may give ideas to the 832 alumni of the Goodyear plant in Amiens North who meet this Tuesday before the industrial tribunal for a tiebreaker hearing.
In October 2018, during a first hearing before the industrial tribunal, the four judges were unable to decide on the economic motive of the dismissals carried out almost six years ago, day by day, by the tire manufacturer.
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According to employees, the American equipment manufacturer posted record profits at the time of the factory closure. Conversely, the company evokes a debt of several billion dollars. Depending on the decision, which should probably be reserved, employees may or may not receive additional benefits.