2024-02-27 20:15:00
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 following having made her sign 530 fixed-term contracts, according to our colleagues at West 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 arose. 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,” testifies the caregiver.
According to her, this choice is linked to her remuneration. “I think I cost too much. 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.
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 might 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.
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