The decision of the Labor Court of Saverne, in the Lower Rhine, is eagerly awaited because the case is exemplary. She opposes “Ali”, this is the nickname of Rabah Mekaoui, at the Kronenbourg brewer, in Obernai.
At 60, after working for 27 years at the brewery, he decided to take the advice of a lawyer. His goal: finally get his CDI. It must be said that, according to The world, which recounts this case, he is at the head of 161 temporary assignments and 16 fixed-term contracts. “12 euros per hour, against 17 for the others, he said, without seniority, I lost a lot.”
According to his lawyer, Maître Nicole Radius, for almost thirty years, Rabah Mekaoui did not know if his mission would be renewed the following week. He did not know the precise term of his contracts. He never went on sick leave, never took leave, for fear of not being taken back. A very precarious situation which had an impact on his health and the quality of his family relationships. Example: throughout 2004, he worked from January to December under cover of seasonal assignments. In 2013, he accumulated 41 contracts of a few days. And in 2014, he counted 33.
His employer did not accept his request. The lawyer asked that this gaping career be requalified into a single open-ended contract. A request that had the immediate effect of putting an end to all collaboration. Kronenbourg tells him that he will no longer be employed. Management offers him 20,000 euros to put a cross on the dispute. A solution that Rabah Mekaoui refuses, preferring to ask the Labor Courts for a fairer solution.
Kronenbourg’s lawyer replies that Rabah Mekaoui is only a seasonal employee, as provided for in the collective agreement, who asked when he retired to be given a flower, a gift.
The judges will decide, but to this is added another request. In addition, the precarious Rabah Mekaoui had to suffer racist insults. His lawyer is claiming 206,000 euros in damages for this. The Defender of Rights has, for its part, opened an investigation.