A sexagenarian, worker of the brewery for nearly thirty years, asked for the requalification of his many short contracts on a permanent contract.
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Rabah Mekaoui, worker of the Kronenburg Brewery for nearly thirty years, has accumulated no less than 177 short contracts throughout his career in beer. Cleaner of barrels or electrician, he held all the positions at the Obernai plant (Bas-Rhin), often replacing the permanents during summer holidays to whom he never tasted, always available, never sick, indispensable . At the age of 60, at the approach of retirement, the one whom all nicknamed “Ali”, had wanted to make his accounts and he had let himself be convinced by comrades in 2019 to take a lawyer to claim his rights: a requalification of his Innumerable contracts in one CDI, with the key seniority recognized by this company with social reputation.
The Saverne Prud’hommes Tribunal (Bas-Rhin) dismissed it, Tuesday 1 February, of all its requests. “We decided to appeal to the social room where we are very lucky to be heard,” reacted his lawyer, Nicole Radius.
With its 800 employees, the Obernai Brassicole site, owned by the Danish group Carlsberg, is the first in Europe. One in three beer consumed in France comes out of its chains – 700 million liters per year – day and night. Seasonal workers have long remained indispensable to the beer cycle, which was produced in winter to sell to thirsty consumers in the summer. Kronenburg assures itself to demonstrate this seasonality by “accounting and economic data”. But today the prosperous market all year round and m e Radius, at the Prud”Homale hearing held in mid-November 2021, pleaded “the abuse of seasonal contracts” on the part From the brewer, already condemned several times in this area. The case law should give it reason: in its last decision, in October 2021, the Court of Cassation has voted in favor of a maid for a seasonal employee of a hotel.
Ordinary racism
The judgment of Saverne is satisfied with a more than succinct motivation – “the number of hours and the nature of the contracts of Mr. Mekaoui do not allow to conclude from the occupation of his part of a sustainable job. within Kronenburg. “For the company, there was no file, except that of an interim like the others who would have asked” to give him a gift “to retire .
But Kronenbourg meant to Mr. Mekaoui that she would only resume it as soon as the procedure was initiated. Would have liked to continue working until his 62 years. The case, for his lawyer, thus is a violent discrimination, confirmed by several testimonies and by the worker himself. M e Radius has demonstrated by peeling the registers of the staff that no worker bearing a name to Maghreb consonance had joined the production between 2012 and 2020, among the 271 recruited on a permanent contract. The judgment of Saverne does not produce evidence contrary. The company cited the two CFDT and FO trade union delegates, who defend it by ensuring never had knowledge of discrimination.
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