As in america, Twitter France is dealing with the novel choices of Elon Musk. However on this facet of the Atlantic, it isn’t attainable to do every thing and something.
Will Twitter quickly disappear from the floor of the net? The query might come up given the best way Elon Musk manages his new property, with orientations which might be much like choices taken on a whim. But it surely’s a query that many workers at Twitter might now not ask, now that they have been fired with out discover.
What about Twitter France? In a message printed on November 20, the boss of Twitter France, Damien Viel, published an unequivocal message : “ It is end. Delight, honor and mission achieved. Goodbye Twitter France. What an journey ! Which crew ! What encounters! Thanks all for these 7 unbelievable and intense years. »
Nonetheless, Twitter France continues to be energetic. In accordance BFM-TV, among the groups are nonetheless in place. For now, solely the communication service has disappeared. The entire query is whether or not it will final and, in that case, how the administration of Twitter in america will handle its numerous subsidiaries world wide.
Are you able to license by e mail?
However exactly, as in america, it seems that the headquarters of Twitter also opt for e-mail dismissals to do away with European-based workers. Besides that there are variations in labor regulation between the 2 shores of the continent. Particularly, it’s inconceivable to dismiss folks by e-mail, not to mention with out cause.
The circumstances below which these layoffs have an effect on Twitter’s European groups are unclear. Ditto for the content material of emails — does it comprise a generic message? An financial cause to justify a degreasing? A fault allegedly dedicated by the worker?
Nonetheless, this is a chance to recall the state of the regulation in France.
Within the case of a dismissal, the e-mail can’t be used as the only medium for dismissing employees. In any case, if the employees is certainly certain by a personal regulation employment contract which is ruled by French regulation. On this case, dismissal by e mail is illegal. The reply may nevertheless be completely different, or no less than extra complicated, if these will not be French contracts.
If an e mail of this sort continues to be used, it’s invalid firstly as a result of compliance with the process offered for by the texts is absent. Furthermore, if the e-mail doesn’t comprise the rationale for the dismissal. This actuality was confirmed by the director of human assets of the Humanoid group, to which Numerama belongs, but additionally the official website of the French administration.
Thus, the employer should summon the worker to a preliminary interview and ship him a letter of dismissal, if his resolution is made. In it, he can say the rationale for the dismissal, on his personal initiative or on the request of the worker. This one advantages from a discover, besides critical or gross negligence – which, within the case of Twitter, doesn’t appear to be the primary situation.
Within the occasion of a fault pretext, notes Humanoid’s HR division, ” the sanction chosen should be proportional “. And also you at all times must respect discover durations “. As for the speculation of a dismissal for financial causes, it is usually essential to respect one other process, she factors out. Process to which the administration of Twitter ought to submit if the contracts are certainly below French regulation.
And if Elon Musk ignores, that’s to say with out going by all of the required steps (summons, time to organize for the interview, interview, reflection interval and notification)? Can the worker nonetheless contemplate themselves a member of Twitter? In any case, he has the potential of asserting his rights by asking the Labor Court docket to rule on the legality of the dismissal. However these steps will be lengthy; even when the worker has nearly each probability of profitable, and acquiring monetary compensation.
It stays to be seen whether or not Twitter’s European employees will react to the maneuvers of Elon Musk, who’s accused of considering that Twitter is a purely American entity when it has ramifications and buildings all around the world. Some even announce that ” authorized proceedings are pending “.