The social plan of the Dietal lighting company, canceled by the Clermont-Ferrand administrative court and targeting a third of the 210 employees at the Saint-Georges-de-Mons (Puy-de-Dôme) site, was finally approved by the Lyon administrative court of appeal, the employee’s lawyer said on Friday.
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«The Court of Appeal quashed the judgment on grounds contrary to the findings of the labor inspectorate», Affirmed Jean-Louis Borie, lawyer of the Dietal works council. This decision is “unsatisfactory on the issue of taking into account psychosocial risks for which Dietal had taken no action“, He noted, considering an appeal to the Council of State.
The buyer will be known on December 29
«The Dietal company is justified in maintaining that it is wrong that (…) the administrative court of Clermont-Ferrand annulled the decision of November 25, 2019“Of the Direccte (Regional Directorate for Enterprises, Competition, Consumption, Labor and Employment) approving”the unilateral document setting out the plan to safeguard the employment of this company», Underlines the Court of Appeal in its judgment consulted by AFP.
The Employment Protection Plan (PSE), validated in November 2019, was contested by the works council, the CFDT and the Puy-de-Dôme Metallurgy Workers Union Union. These organizations claimed that the occupational categories targeted in the plan were “too narrowly defined“, Consequence of”artificial cutting»Leading«targeting of dismissed employees», And that the administration had not exercised sufficient control on this point by validating the PSE.
The judgment of the administrative tribunal, handed down in July, concluded that the Direccte “could not legally approve the unilateral document submitted for its analysis“. The dismissed employees appealed to the industrial tribunal to obtain “the balance of the supra-legal termination indemnity“But will have to wait for a possible decision of the Council of State to contest their dismissal on this point, specified Me Borie.
The Clermont-Ferrand Commercial Court must rule on December 29 on the buyer of the company which has since been placed in receivership.
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