After having proposed a rupture conventionnelle, Euro Disney has terminated the contracts of hundreds of intermittent “force majeure”, without compensation.
The magic only operates from Disney. It even looks like, for some employees, to a black series. Lucy*, employed intermittent, can testify to that. Technician on one of the shows that was to occur in the spring in Marne-La-Vallée, near Paris, the young woman has signed in mid-February, a CSD of 150 hours per month until the summer.
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During the implementation of the containment and the closure of the site, an e-mail group – a list of frequently asked questions from the HR – the first reassured. “We have taken the decision to implement the part-time unemployment for a number of Cast Members (employees of the group) from 1 April 2020. Disneyland Paris was a commitment to complete the remaining 16% up to 19 April 2020…”, could we read there. Lucy was thought to be safe. Error. “On the 1st of April, I received an email telling me not to take that into account and asking me to accept to break my contract amicably”, says the young woman.
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A day of reflection
In an email entitled “amicable termination of your work contract”, that The Express was able to review, the HR director invokes first of all a “erratum asking them not to take into account the e-mail on a possible partial unemployment received in error on the 30th of march”.
“While the situation related to the Covid-19 continues to evolve, and that the French government is constantly reviewing the direction to follow, we will adjust in parallel to our operations at Disneyland Paris,” it is written… “In these circumstances, we propose the early termination of a mutual agreement of your employment contract as of April 1, 2020.” Lucy has a day to decide. “Upon receipt of your confirmation, your contract of employment will be considered to have ended on the date of 1 April 2020,” concludes the email.
Alerted by several intermittent working on the site, the Synptac, the union of performing arts, affiliated to the CGT, advise them not to respond. “If they sign, They lose their right to maintenance of their salary on dates not worked, and still to come, and will not be able to benefit from the device activity partial (partial unemployment, ed.), underlines Rémi Vander-Heym, secretary general. They will place themselves in the position of a resigned and could not be receiving any allocation of Pôle emploi.”
force majeure is it admissible ?
Lucy is the deaf ear. Las. On 3 April at 22: 30, another email from the HR appears on the screen : it puts an end this time to his contract unilaterally. “This situation of force majeure, we are obligated to declare the early termination of your contract of employment in accordance with the provisions of article 1218 of the civil Code and L. 1243-1 of the labour Code… You will receive, in accordance with the regulations, your work certificate, your receipt for balance of any account and the attestation Pôle emploi relating to your employment period”.
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Admissible ? “Force majeure must collect three conditions : unpredictability, irresistibility and externality,” explains François Pinatel lawyer at the court of Cassation. The last two criteria are met, but on the other hand, is that at the moment of the commitment of the employees, the health crisis was unpredictable ? The question arises.”
A multinational company like Disney could anticipate from the month of February that this global health crisis would have consequences on the organization of massive events. “This is not very consistent to seek the amicable termination and, because it doesn’t work, use force majeure in a second time, continuing the specialist. It would have been necessary to invoke it immediately.”
No indemnity
anyway, 350 intermittent and 700 CDD come to see their broken contract in early April. Problem : in the context of a break-in to force majeure, the employee does not receive any compensation. Only that in respect of paid leave is due to him. A touch of the unemployment benefit is, therefore, essential. “I am afraid that many intermittent workers do not have rights open today and they will have great difficulties to open rights in the period ahead,” sighed Rémi Vander-Heym. This is the case of Lucy, for whom this was his first contract.
The only option for employees would be to address the prud’hommes. They can then expect to collect the amount they would have had to touch up at the end of their contracts. Problem : these latter being short, for many, the game is not worth the candle.
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“The seasonal workers are talents of Disneyland Paris, with which we collaborate since many years, and we will continue to use them in the future when conditions allow,” says the group, which reminds us that the laid-off employees who are provided with accommodation on the site of the keep. Each year, 2000 intermittent and 2200 CSD work on the park paris, which employs 17 000 employees.