Did you know? There are 53,000 building caretakers employees in France (-5% over one year) who earn between 22,000 and 24,000 euros gross per year, according to the Local Business Skills Operator (vocational training organization). Among them, more than nine out of 10 (97% exactly) are on permanent contracts. 61% of them work full time.
Men are more often than women (77% versus 50%). A stable activity but which can, as with every profession, give rise to conflicts. “Guards on permanent contracts can be dismissed for disciplinary reasons or if they have done their job poorly, or leave following a contractual termination.», Explains Danielle Dubrac, president of Unis (Union of Real Estate Unions).
In the event of a conflict between the caretaker and the co-owners, the labor code applies. And the procedure is very strict. The slightest error in this matter risks incurring the liability of the union council and the trustee. But who can decide to fire the guard? “It is the trustee, who is, so to speak, the head of personnel, who is responsible for dismissing the guard or not, after having consulted the union council. (composed of elected co-owners who assist and control the trustee),” asserts Danielle Dubrac, based on article 31 of the decree of March 17, 1967.
What about all of the co-owners (known as a “co-owners’ union)? They will only be requested in the event of a disciplinary reason, continues the president of the Unis. “But in no case will the general meeting of co-owners be able to decide. Otherwise, the procedure will not be followed.» On the other hand, a resolution may be included in the agenda of the general meeting.
In the event of dismissal, decided following a prior interview, the facts and reasons will be set out in the summons. “All scenarios will be listed as well as the financial cost (lawyer fees, severance pay, damages, etc.) of each one, specifies Danielle Dubrac. Depending on the amounts to be incurred, the co-owners will be asked to vote for an increase in the co-ownership budget.»
What are two fixed-term contracts?
Before reaching the point of dismissal, the trustee must send the guard a registered letter, with a copy to the union council, to warn him against his failings (discipline or work), findings or supporting testimony. On the other hand, in the event of total incapacity of the goalkeeper, “no reclassification being possible», according to Unis, the dismissal will be automatic, without necessary consultation with the union council.
For fixed-term contracts, please note that they can only be concluded in the case of a temporary replacement (maternity/paternity leave, sick leave, etc.). “There cannot be a fixed-term contract without an employee to replacesays Isabelle Leducq, lawyer. Possibly, it is possible to take out a fixed-term contract if an employee is already recruited but not yet available.
The fixed-term contract makes it possible to make the transition between the departure of one employee and the arrival of the next one already identified.» No notice is required since the departure date of the replacement is known.