The conflicts that animate the prud’hommes, reflect each day on our social history. The hearing in the office of the court shall be public. Regularly, a journalist for The Express purpose of attending the debates.
Paris (conseil des prud’hommes, section activities, on July 16, 2018 at 13h25
The president is assisted by three advisors. In the Face of them, the lawyer of Ali, and the lawyer of his ex-employer, the kingdom of saudi Arabia.
The president : at Your requests ?
The lawyer Ali : We ask for the payment of overtime for December 2011 at the height of 102,65 € and 10,26 euros of paid leave related, 1231,82 euros for 2012 and 123,18 € of paid leave related and 1313 euros in 2013 and 131 euros of paid leave related. I request that you recognize the average salary for 4652,17 euros, plus overtime.
The president : It was how much if not ?
The lawyer Ali : 4542,76 euros in average, without overtime, and the salary reported was 2634,52 euros. The average salary reconstituted, I am calling 9304,34 euros of compensation for notice and 930,432 euros of paid leave related, 55 826 euros as compensation for termination without cause real and serious, 47 913 euros for work hidden, 4652,17 euros for non-compliance of the procedure of dismissal, 2500 euros to article 700.
[The lawyer also states, “subsidiary” and “infinitely subsidiary”, the calculations with the other average salary and demand of allowances daily social security and paid leave related from 2014 to 2016].
The president : Was there an employment contract ?
The lawyer Ali : no, not at the beginning. He was hired as the full-time driver effective September 1, 2010 and the contract of employment is issued on 22 June 2012 with retroactive effect to 1 September.
It is paid 3500 euros in total, but part of the sum, 1551,40 euros is paid by cheque and the other party, 1948,60 euros, paid by bank transfer.
In 2014, he broke his hand, it’s a work-related accident. But this employee is not declared and cannot live a decent life after this accident. On November 13, 2014, he sends a registered letter to his employer by threatening to seize your board if its situation is not rectified. At the same time, it launches a procedure for incapacity, and on November 3, 2016, it is received by the occupational physician. It declares to be unfit for a position of driver : neither gripping, nor handling with the right hand.
He waits for a possible reclassification, or at the reception or the reception. But on the 25th of may 2017, he got an email setting a interview prior to dismissal on June 12. During the interview, he said that he has not responded to a proposal for reclassification. But it has not received any recommended ! On June 23, 2017, it is dismissed for incapacity with inability to reclassification.
The president : You have the evidence of the extra hours ?
The lawyer Ali : I don’t have to provide you. Contractually, he is on 44 hours per week, not 35 hours. It is in the contract of employment of 2012.
The president (a lawyer of saudi Arabia) : It is up to you.
The lawyer of saudi Arabia : The employment contract was formalized late, we acknowledge that. But saudi Arabia is not a private company ! It is a foreign State. Should he be subjected to the same delays that other structures ? I let you imagine the administrative circuit. Necessarily, this is not fast. But the employee knew that he was paid 2480,03 euros per month for 44 hours per week. He had accepted, he had a convention of weekly fee stipulated in his contract. We are not in an agreement for the plan year.
The president : are there requests for additional hours ?
The lawyer Ali : For us, there is an increase in overtime from 2011 to 2013. My requests will stop at the time of the work accident. I have done other requests IJSS [daily subsistence allowances, social security] because there is a shortfall. I did a ratio for the damages.
The president : We will read. And on the incapacity and the reclassification?
The lawyer Ali : For us, it is a demerit of being occupational in origin which is a consequence of the work accident. On graduation, I was told that it has made a proposal, but my client has not received mail.
The lawyer of saudi Arabia : Madam president, it is the victim of an accident on the way and it has a capacity insufficient for one of his hands. Everything has been done to try to find a position. But this gentleman has not deigned to remove the registered mail. I kept the envelope intact and I have made, you can open it.
The president [opens the envelope] : It is dated April 13, 2017…
The lawyer of saudi Arabia : Return to sender on the 1st of may. We proposed to him a post with a deadline within a week to decide. It is not presented. Therefore, the procedure of dismissal for incapacity is quite regular.
The president : On the work hidden ?
The lawyer Ali : In all logic, between the wage paid by bank transfer and pay by cheque, there is a part declared and the other not. The one that is not declared is not subject to social charges.
The lawyer of saudi Arabia : I can’t let you say that. There is no concealment.
The lawyer Ali : My brother me dit that there was no concealment ? My client was working for the Kingdom of saudi Arabia and to a general who employed him as a private of 16 hours until the evening. He waited until the general had need of his services. At the beginning, it was the embassy that paid all of his salary.
The president : Who was the cheque ?
The lawyer Ali : The cheques from the Kingdom of saudi Arabia. Sometimes it was the embassy, sometimes it was the military office.
The president : He can write checks, this military office ?
The lawyer Ali : Yes, but it is the country that is important, and the statement of contributions…
The lawyer of saudi Arabia : It is true that he received a check every month, in addition to its transfer. But the explanation is simple : it was a time of work for the office and every day he went to the private home, in Neuilly, to drive Madame and girls of the military attaché. My sister provides a certificate of the custodian of the building who said that he comes every day to wait. Very well.
The president : It is to be paid and how ?
The lawyer of saudi Arabia : This is not my problem, I do not represent the military attaché and I demand the putting off because of the military office. But this driver knew very well why he was receiving checks without withholding social.
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there has been a report of inspection of military defence saudi note of the cheques issued between 2011 and 2013 without proof. For private services rendered, there is a handling irregular of public funds. There is a guilty behaviour of the defence attaché who has done the military office of his private expenditure. But as by chance, the driver wakes up 11 months later, when the military attaché is gone. Before, he is astonished to nothing.
The president : And you say ?
The lawyer of saudi Arabia : If he considers himself injured in his rights, he has only to turn to the general.
The president : For you, this is not related to saudi Arabia ?
The lawyer of saudi Arabia : No. You may not retain the concealment. And the driver demonstrates that he declared to taxes these are collected by cheques.
The president : As you demonstrate that you have paid social security contributions.
An advisor : According to you, it is the general who would have had to make statements ?
The lawyer of saudi Arabia : Yes, but as there has been accounting manipulation irregular, this has probably not been done.
The same counsellor : So, why did you not put in question the general ?
The lawyer of saudi Arabia (very annoyed) : It is very difficult to put a general in the cause while the kingdom is at war…
another adviser (to Ali) : Sir, how many were there of vehicles dedicated to the embassy ?
Ali : About 250. It affect me a vehicle for a particular mission.
14: 20. The president : Sir, the commission wishes to thank you for coming. We trancherons. The debates are ended.
Verdict, on 10 October. The board puts out of question the military office of the embassy of saudi Arabia. The board said that the dismissal of Ali is without cause real and serious. He condemns the saudi Arabia to pay him 9304,34 euros to pay in lieu of notice, 930,43 euros of paid leave related, 55 826 euros as compensation for termination without cause real and serious, 27 913 euros for work hidden and 1500 euros to article 700.
Job concealed : a penalty rare in the prud’hommes
The work hidden is a current claim before the conseil des prud’hommes, especially when it comes to the payment of overtime. But it is rare that the council of prud’hommes, to recognize the “illegal labour” with huge amounts of money, because it is necessary that “the intent of concealment” to be proven.
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In the case of Ali, it is the non-delivery of the bulletin of salary for monies received by cheque and are not subject to social security contributions that is the problem. This is in contravention of article L 3243-2 of the labour code. The penalty is six months of salary (article 8223-1 of the labour code). The criminal penalties (imprisonment of up to three years and 45 000 € fine).