Les Galeries Lafayette pas prêtes d’ouvrir tous les dimanches !
Le Tribunal de Grande Instance de Paris a rendu une décision importante dans l’affaire qui oppose le SCID (Syndicat Commerce Indépendant Démocratique) à la direction du Grand Magasin des Galeries Lafayette Haussmann.
Par requête du 19 avril 2016, les Galeries Lafayette avait demandé au TGI de Paris de juger, en référé, que le Syndicat Commerce Indépendant Démocratique (SCID) ne disposait plus d’aucune représentativité au sein de la société suite à sa désaffiliation de la CFDT en janvier dernier.
Les Galeries Lafayette demandaient au tribunal d’ordonner au SCID, ainsi qu’à chacun de ses représentants, de cesser de « perturber » les réunions des négociations collectives (réunion sur l’accord des dimanches entre autres), faute de représentativité syndicale dans l’entreprise et ce, sous astreinte de 10 000 € par infraction constatée.
Le SCID – en défense – a contesté l’interprétation des textes des Galeries Lafayette et a affirmé que le fait de « priver le SCID de représentativité serait une atteinte à la démocratie sociale que la loi du 20 août 2008 a souhaité mettre en exergue ».
Le SCID a également rappelé que ce même tribunal s’était déjà prononcé, par ordonnance du 29 mars 2016, en jugeant qu’il « n’appartient pas au juge des référés d’apprécier la représentativité d’un syndicat ».
Aujourd’hui, le tribunal a donné raison au SCID en estimant qu’il n’y avait pas lieu à référé et que cette affaire ne pouvait être jugée que sur le fond. Les Galeries Lafayette ont donc été débouté de leurs demandes.
Les représentants du SCID sont déterminés à mettre en œuvre toutes les actions pour la défense des droits des salariés du commerce qui subissent déjà la précarité, les bas salaires et des horaires infernaux.
Le SCID et ses représentants sont très attachés à la préservation du repos dominical et considèrent que ce temps de repos commun est indispensable à l’équilibre entre vie personnelle et vie professionnelle.
Un équilibre sans cesse attaqué et déjà très fragilisé dans le commerce.
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