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Loire-Atlantique: a 60-year-old caregiver dismissed after having accumulated 530 fixed-term contracts in 17 years

2024-02-27T20:33:38.278Z

Highlights: A 60-year-old caregiver takes her employer to court after her contract was not renewed. His lawyer requests reclassification of the contract as a permanent contract. “I think I was too expensive. With my seniority, I pay 200 euros for a twelve-hour shift. I do ten, I earn 2,000 euros on a fixed-term contract,” says the caregiver, who worked in Saint-Herblain (Loire-Atlantique)


The caregiver takes her employer to court after her contract was not renewed. His lawyer requests reclassification


More than 15 years of practice, contracts galore and an abrupt thank you.

A nursing assistant decided to attack her employer at the industrial tribunal who ended their collaboration last November after having made her sign 530 fixed-term contracts, according to our colleagues from Ouest-France.

Questioned by the local daily, the health professional who worked in a private clinic in Saint-Herblain (Loire-Atlantique) explained that she applied for a permanent contract at the start of her career, which she did not obtain.

She therefore put up with the fixed-term contracts that were offered to her.

If she had previously worked at 80%, she explains that she signed a new six-month contract in March 2023 with a “crazy schedule, 48-hour weeks, four nights on call per week”.

A choice linked to his remuneration?

Frictions with his superior then appeared.

Particularly when she wanted to report an incident concerning the care of a woman who had just given birth by cesarean section.

She is then summoned by the general supervisor.

“I'm told that because of a reorganization and an alleged behavioral problem, I won't be called back.

And I am even advised not to apply elsewhere,” says the caregiver.

According to her, this choice is linked to her remuneration.

“I think I was too expensive.

I have been a caregiver since 1985. With my seniority, I pay 200 euros for a twelve-hour shift.

I do ten, I earn 2,000 euros on a fixed-term contract,” she explains.

Also readIn the tiring daily life of a caregiver: “We are the arms, eyes and legs of the patients”

His lawyer, questioned by Ouest-France, claims to have accounts for “at least 530 fixed-term contracts”.

However, “if the fixed-term contract is not exceptional, it is then a contract of indefinite duration,” argues the lawyer.

He therefore attacked the management of the clinic to request a reclassification of the contract as a permanent contract and the nullity of the dismissal.

“As soon as a position becomes available, we offer a permanent contract.

The employee could benefit from a permanent position but she did not want it,” management explains.

To which the sixty-year-old replied that these positions were indeed “open to all”, but for 60% working time.

Source: leparis

All business articles on 2024-02-27

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