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Pôle emploi: The scandal of illegal job

Last Updated on Sunday, 22 May 2011 08:46 Written by Administrator Monday, 11 August 2008 01:10

Pôle emploi: The right corner of rotten jobs and illegal A sport is growing among employers who want to hire: Require a lot of skills and qualifications to the employee, while paying the minimum wage, sometimes less with the part-time. And as they always want more, many employers also want to remove the rights associated with the CDI: Duty to justify dismissal, the right to be represented in the business, holiday entitlement, overtime pay, right to credit, right have just one future ...

To help employers, employment center also participates in the work of destruction of the rights associated with CDI, disseminating illegal job:

Unemployed rebels have been fighting for over three years against the attacks against workers and guarantees for the contract. We distributed information on the blog in February 2008 between 15 and 20% of vacancies at employment center are downright ... Illegal!

Here's our exclusive record of the scandal illegal job, and how to deal with

1 - What is a job illegally?

Leading CDI CDD CDD CDD renewable trial period Halftime scalable 20 hours 30 hours leading to

Employment center in its internal notes, admits that these offers are illegal, and is legally responsible for checking the tender (see note below), but prefers to ignore these practices. It would be too stupid to respect the labor code is so much more fun to fliquer unemployed!

Two articles of the Labour Code indicates that these statements are illegal:

L 5331-3 of the Labour Code is not permitted to publish in a newspaper, magazine or periodical or broadcast by any other means of communication available to the public an insertion of job offers or offers of work at home containing false or likely to mislead and relating in particular to one or more of the following:

1 ° The existence, the character actually available, the origin, nature and description of the job or work at home available;

2 ° The remuneration and fringe benefits offered;

3 The place of work.

1242 L-1of the Labour An employment contract of fixed duration, regardless of cause, can have neither the purpose nor the effect of providing sustainable employment related to the normal activity and standing of the company.

2 - How do the jobs they create illegal to harm a candidate for recruitment?

Because the private salaried employment which candidate and who has been dangled a CDI, hopes his course will lead to a CDD CDI. An employee who takes a part-time and who have dangled more hours also hopes that it will happen.

Sometimes it's true, the contract operates. But ... There is no guarantee that the contract will evolve. Statistically, only 30% of CSD lead to a permanent contract. So 70% of the CDD lead ... back to square one employment center.

The employee has no fixed term contract remedies for unfair dismissal, because there simply is not dismissal, but just "non-renewal of the contract." The rights associated with CDI have nothing to do with the rights associated with the CSD.

The CDD "trial period" are a scam, because in the CDI, there is already a trial period: 1 month or 2 months (if the agreement allows) to assess a worker. 2 months or 4 months (if the agreement allows) to evaluate a technician or a supervisor three months or six months (if the agreement allows) a framework to assess if the boss does not know how to evaluate the work performed by employees in 1, 2 or 3 months, this pattern must change to work!

And the employer is not required to Honnor its promises, because they are those who believe them. Because they are not on the contract of employment, period!

In fact, employers who are dangled developments of contracts that workers want to stand still. They want the employees do not enjoy their fundamental rights at work. Such as: safety, payment of all hours worked, the possibility of requesting a salary increase. The uncertainty also has the advantage for the owner to easily mount the employees against each other. During that time the employees do not think about organizing to defend the rights of all workers ...

It is indeed here a attack against the fundamental rights of workers. In nuclear power plants, temporary put their health at stake (and ours) every day. In the industry in general, people of 50 years are "thrown" by non-renewal of contract, when they are no longer productive enough. Regarding the employment of women, many take part-time contracts, the boss telling them "your contract is evolving." The benefits of the boss, them move well. But the salaries of employees, they remain at a standstill ...

The owners are therefore in an abuse of power by dangling a "contract change" that rarely happens.

3 - How a job offer illegal Temporary or part-time can it be requallifiée on permanent full-time?

It's all in the articles cited above:

L 5331-3 of the Labour Code is not permitted to publish in a newspaper, magazine or periodical or broadcast by any other means of communication available to the public an insertion of job offers or offers of work at home containing false or likely to mislead and relating in particular to one or more of the following:

1 ° The existence, the character actually available, the origin, nature and description of the job or work at home available;

2 ° The remuneration and fringe benefits offered;

3 The place of work.

1242 L-1of the Labour An employment contract of fixed duration, regardless of cause, can have neither the purpose nor the effect of providing sustainable employment related to the normal activity and standing of the company.

IF THE CONTRACT DOES NOT MATCH THE OFFER OF EMPLOYMENT releasable, IS GOOD FOR BREACH OF CONTRACT OF EMPLOYMENT that may be reclassified by the industrial tribunal.

This means that an offer "CDD leading CDI" may be reclassified by the courts in CDI. And offers a "20 leading to 30 hours" may be reclassified as 30 hours.

We invite all concerned friends to contact us. We will support them in their legal proceedings. Be careful, keep a copy of the job offer illegal, it is the gateway to the requalification of the contract!

For the most excited of us, it is also possible to inform your local employment center they disseminate job offers illegal, and therefore they are playing with fire ... For employment center also can be convicted of distribution of illegal job ... As has been repeatedly condemned for abuse of CSD, and discrimination.

In any case, let us not do it! Together we are strong in front of the machine to grind the unemployed. source: cgt unemployed rebels morbihan