The Ministry of Labor has asked the labor inspectorate to carry out the "legal analysis" of the dismissal of two employees of the Cora supermarket near Saint-Malo, Ille-et-Vilaine, dismissed by the unions for gross misconduct. have refused to work on Sunday. The inspection has "intervened" on Wednesday with the company, according to the statement of the Ministry.
"The situation of the Cora store is that of a predominantly food establishment that can open by law on Sunday until 1 pm without authorization," explains the ministry, recalling that this derogatory regime dates from 1906 and was not modified "neither by the law of August 6, 2015, said Macron law, nor by the orders work of September 22, 2017, said orders Penicaud".
The clauses of the employment contract in question
"If the establishment can therefore open, the question of whether the employee is required to come to work on Sunday legally depends on the terms of his employment contract," adds the department.
"The services of the labor inspectorate intervened to carry out the legal analysis of the situation, which continues.In case of dispute, it will be up to the labor court, the industrial tribunal, to decide" he concludes. One of the employees was fired for "insubordination" on April 26 for refusing to work on Sunday morning, according to a dismissal letter. According to her, one of her colleagues who had eight years of seniority was also dismissed for the same reason.