A sword of Damocles over the Olympic Games? On Monday, the CGT, RATP’s first union, filed a strike notice running from February 5 to September 9. In a letter addressed to the president of the RATP, Jean Castex, the union – which thus intends to denounce “insufficient salary measures” – assures that the movement could concern “all RATP staff”.
The dates and the period were not chosen at random: by running this notice for seven months, the CGT is raising concerns about the organization of the Olympic Games which will be held from July 26 to August 11 and the Paralympic Games which, they are scheduled from August 28 to September 8. While this is certainly a way of pushing management to sit at the negotiating table, is it legal?
Mandatory notice… but not limited
In France, the right to strike may well be guaranteed by the Constitution, but it remains governed by a certain number of rules. Thus, if private sector employees are not required to give notice in the event of a strike, those in the public sector or working in a public service must provide notice. “Notice is mandatory but there is no strict limitation in terms of duration,” specifies Me Vincent Cadoux, lawyer specializing in the public service.
According to the council, cases of abuse are very rarely recognized and rather concern “strike modes” such as closed strikes – working in slow motion – or rotating strikes. On the other hand, notice of several months or extended for weeks is not considered abusive. “This is explained by the fact that a strike notice is already a form of limitation of the right to strike,” continues Me Vincent Cadoux. As we are already in a form of compromise, justice will not yet restrict this fundamental right. »
What about the minimum service?
The 2007 law provides that a minimum service can be established in the event of a strike or foreseeable disruption affecting public transport. However, this is not a legal obligation but can be made obligatory by an agreement. This is particularly the case for RATP, which is linked to Ile-de-France Mobilités by a contract: it must maintain a service level of at least 50% during peak hours across the entire network. If the numbers present on the day of the strike are not sufficient, RATP may call on reserve drivers. If, despite this, the minimum service is not respected, the transport organizing authority may request reimbursement for the uses.
Notice… but not necessarily a strike
However, a strike notice does not necessarily mean a strike. Remember, for example, the Rugby World Cup: notice was given for the opening ceremony without it being followed by a strike. This is a way of pushing management to come to the negotiating table. The 2007 law also requires social dialogue between the transport company and the representative trade union organizations in the event of notice. If negotiations fail, employees who wish to participate must report forty-eight hours in advance in order to set up the minimum service and possibly reassign agents.