2023-10-13 11:05:00
They are used to taking over stores because the two entrepreneurs already owned five AD Delhaize and two Proxy. So far, nothing alarming. However, the CSC points out an irregularity concerning the joint commission (CP).
Symbolic union action for the opening of the first Delhaize franchise
According to the union, father and son would apply joint commission 202.01, competent for commercial companies which sell foodstuffs, which employ at least twenty workers and which have one or two establishments. However, with the seven stores that they already had previously, it would be CP 202 which should be applied since it is valid from three establishments and 25 members of staff.
How is this situation possible? “Often, franchisees operate under different companies. Each store may have a separate legal entity. In this case, it is treated as a unique company for each store,” underlines Claude Boffa, professor emeritus of marketing at the Solvay Brussels School. “Normally, everything is ok,” Delhaize responds briefly.
If on a legal level, everything is legal, this nevertheless raises some questions regarding the management of the personnel of future Delhaize hires, according to the union. “There are plenty of people who use this stratagem,” says Myriam Djegham, permanent delegate at CSC Commerce. “It is the spirit of the law that is problematic. Normally, this joint commission is provided for real retail trade. That is not the case here.”
If CP 202.01 applies compared to 202, the latter will have to work 36.5 hours instead of 35 hours per week, will have lower remuneration, will be able to work six days instead of five and will not be entitled to union representation . “Concretely, these are fewer rights,” says the permanent delegate. “This is clearly a message that Delhaize is sending to buyers: do not set up union delegations because there is no collective agreement at the level of 202.01. This is one of the objectives of the maneuver.”
As for the Delhaize group, the spokesperson specifies that “the buyer completely respects the law in this case”. According to him, the unions’ point of view is not justified.
Delhaize continues its momentum: “In the coming months, new announcements will be made regularly”
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