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The private Ehpad group sued by several unions

The snowball effect continues for the group of private nursing homes Orpea, in turmoil since the publication of a book which denounces acts of mistreatment of residents. The CGT, the CFDT and FO indicated on Friday that they intended to file a complaint against the company. They accuse him of “union discrimination” and of relying on a “house” union at his command.

“We had long had suspicions about unacceptable actions by management, but the testimonies and evidence provided by Victor Castanet’s book will allow us to take legal action,” Guillaume Gobet, CGT and CGT manager, told AFP. former cook at Orpea.

Harassment charge

The complaint, which must be filed before the end of the month, could target heads of “trade union discrimination” and “obstructing trade union activity”, said Guylain Cabantou, another CGT official.

Another track envisaged is a complaint for harassment, of which the elected CGT would have been victims on the part of the management, indicated for her part Me Apolline Cagnat, the lawyer in charge of the criminal file. The CFDT and FO are considering a similar but separate legal approach.

The Rainbow of Discord

The unions accuse the management of the group, in turmoil since the publication of a book-investigation which denounces acts of mistreatment in its retirement homes, of having short-circuited them by promoting the emergence and victory in professional elections. of a “house” union, baptized Arc-en-Ciel, as well as of Unsa, which they consider subservient to the management.

This situation “prevents other trade unions from being able to properly defend employees, which distorts the very role of staff representatives”, deplores Guillaume Gobet.

A risk of “sanctions”

However, within Orpea, “any employee who will claim his rights, or any behavior likely to harm the profitability of the company, such as demanding additional protections for residents, runs the risk of being sanctioned”, according to the trade unionist.

“And if an employee summoned for a sanction is defended by the CGT, he is automatically dismissed,” says Guillaume Gobet. The secretary general of the CGT, Philippe Martinez, was received on Friday at the end of the afternoon by Prime Minister Jean Castex and Minister of Labor Elisabeth Borne.

The “suffering” of employees

He asked them to be received by the Minister of Health Olivier Véran “to discuss with him the Orpea file, because employees in retirement homes are suffering a lot”, indicated the union leader.

Regardless of the complaints that could soon be filed in criminal proceedings, the CGT had already initiated, even before the publication of the “Gravediggers”, civil legal proceedings to “challenging the representativeness and therefore the legitimacy” of the Arc-en-Ciel union, a explained Etienne Margot-Duclot, the lawyer in charge of this file.

From investigation to investigation

At first instance, the CGT was dismissed by the Nanterre court, “for formal reasons”, but the case must be examined in the coming months by the Versailles Court of Appeal. However, “the book reinforces our action, since it contains testimonies attesting to the total lack of independence of Arc-en-Ciel”, underlined Me Margot-Duclot. Asked by AFP, the management of the Orpea group did not react to this information early Friday evening.

Since the publication of Victor Castanet’s book, the government has also announced the opening of an administrative investigation into Orpea, entrusted jointly to the general inspections of social affairs (IGAS) and finance (IGF). The conclusions of this mission will be the subject of a “final report” on March 14.

Source: 20minutes

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