2023-12-18 05:57:00
But now, between the image and reality, there is a striking contrast, according to the two trade union organizations CNE-ACV and SETCa-BBTK, which, with supporting examples, will file a criminal complaint this Monday with the Mechelen Labor Auditorium for glaring lack of social consultation within the company.
A business council of… 3 minutes
“There is no debate within the Works Council which is an essential body for consultation and discussion”, underlines Maître Joris De Wortelaer, lawyer within the Bloom Law Firm, mandated by the two unions. It’s even edifying: the Works Council (CE) of April 2022 lasted in total… 3 minutes. Then, there were 2 CEs over the next five months. Total exchange time: 11 minutes.
Unions can easily prove these expedited meetings of the CE and the Committee for Prevention and Protection at Work (CPPT), an essential body for the well-being of staff at work. “Management refuses physical meetings, even since the end of the Corona period. Everything is done solely through a computer screen. CPPT meetings last a little longer, 20 to 30 minutes, but there is no real debate.”
The discomfort is not new. “For years there has been a huge difference between Decathlon’s ethical show and reality, whether it concerns consultation or personnel management,” continues Maître De Wortelaer.
Union delegates must also have facilities to exercise their mandates. At Decathlon, delegates participating in union meetings see their salaries reduced for hours spent within the framework of their mandate, points out Maître De Wortelaer. “It’s completely illegal.” Likewise, management’s door remains closed when a permanent secretary of a union wants to meet them for dialogue. The CE and the CPPT are in fact empty shells. “It’s always the same strategy: avoid contradictory dialogue.”
The unions had tried to opt for conciliation under the aegis of the president of the Joint Commission. “No one showed up on behalf of Decathlon, which had not even notified them of their absence.” It was in… 2017.
A few strikes have occurred recently at the Willebroek depot (700 people, out of a total of 3,000 staff members), which dispatches sales made via the site. In July, there was, on the one hand, strong concern regarding the future of the site, whose lease expires in 2025. On the other hand, there was an expression of being fed up with managerial methods. “There is the attitude of the management which does not hesitate to intimidate the staff. Individual workers are being fired because they allegedly did not shake the supervisor’s hand, because they are not performing well enough, or because they are simply not loyal enough,” the socialist union explained. BBTK.
Already in February, social protest began in this same depot following the removal of a salary bonus for staff. The brand had launched summary proceedings in order to force the lifting of the strike pickets. The police and a bailiff then showed up on the site. Still no consultation, and a method which then inspired Delhaize in its standoff with the unions and staff.
Psychological bullying
There is also a lot of “psychological intimidation” once morest union delegates, continues Maître De Wortelaer. “But it’s very difficult to prove.” “We have also detected an increase in the number of layoffs in recent months. The reason given is underperformance. It’s not always the case.” Instead, it seems that Decathlon is dismissing staff members who might be candidates in the next social elections. They would then be protected, with longer notice.
In short, enough is enough. “The unions still tried to dialogue following the failed conciliation.” In vain. Hence this criminal complaint, which also targets three members of management in a personal capacity, the CEO, the HR director and a manager. “The human resources director is responsible for ensuring that works councils and CPPT meetings are run smoothly and ensuring compliance with social legislation.”
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