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Redundant or Sacked ??

Posted by Td-184411 - Created: 14 years ago
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7 replies (Showing replies: 1 to 7)

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Posted by Td-184411 - 14 years ago

Thanks everyone

I have visited Prud'homme' and the Inspector of Travail in Nice and they have been great.  The will act on your behalf and advise exactly what to do and what to expect. 

The money offer is very comman and called a "transaction" and in itself has a lot of guidelines and rules that have to be adhered to.  It goes without saying the Inspector advised it was insulting the amount they offered.  This amount is not dependant on years/experience or anything it is an amount to buy your silence not to go to court.

The advice given was if you accept the the transaction what amount it should be or what you can expect in court should it go to court. 

I understand it must be very difficult for companies to operate in France if these laws are enforced so much but in the cases where companies do not act responsibly then it is nice to know there is help out there.

 

 

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Posted by Sam the clam-189505 - 14 years ago
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Posted by Sam the clam-189505 - 14 years ago

............This link is better!

http://www.travail.gouv.fr/infos_pratiques/html/ins8.html

 

 

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Posted by Sam the clam-189505 - 14 years ago

If you believe that you are being unfairly dismissed, you could try the 'Prud'homme' (sos licenciement) the link below gives an explanation. A high standard of french is required though.

http://perso.wanadoo.fr/divorces.de.france/sos/sos_p04.htm

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Posted by martinb-185976 - 14 years ago

Depends on many things:

How long are you working for them? ç

- 1000 is a joke unless shorter then a year.

- In Spain you do more with your money then here.

- If you think they bluff. go all the way

Good luck

Martin

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Posted by legend_in_my_lunchtime-182603 - 14 years ago

The situation you describe is not very coherent.

On one hand you say that they offer to sack you (with 1,000€ sweetner) for refusing to relocate to Spain and on the other hand you mention redundancy for economic reasons with the qualifier that you have an alternative offer in the UK.

What is the difference between the offers in Spain vs. UK?

In any case, the company has a right to terminate your employment if you exercise your right not to agree to the modification in your employment contract implied by moving to another country.  Also, the company has a right to terminate your employment for economic reeasons (e.g. no further business for you - regardless of whether business does exist in another country or not),

However, both situations reduce to the same motive.  i.e. redundancy for economic reasons.  As such, you are individually covered by your "Convention Collective" and, if the situation applies to 9 or more employees, then the company is obliged to register a "Plan Social" outlining severance conditions and have it inspected by the "Inspection de Travail".

You CANNOT by law be offered anything less advantageous than what is defined in the Convention Collective, and if a Plan Social is in force, you will see a large improvement over that. 

1,000€ sounds like peanuts.  Of course, it all depends on how much you earn and how much seniority you have.  For example, supposing you gross 4,000€ per month and you have 5 years seniority - I'd suggest you tell your HR fellow that you'll settle for 20,000€ declared as "indemnité de licenciement" (tax exempt) and that you'll sign without fuss.  Otherwise you wish the affair to examined by the Inspection de Travail.

Good Luck!

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Posted by carolie-182474 - 14 years ago

Hi I think the reason they dont want to make you redundant is that I'm nearly sure in france they have to give you 3 months notice and also give you a redundance package that would of course be more than 1,000 euro. I would advise you to seek advice on this  before you make up your mind

Regards

Carol