Disclaimer: All quotes below are drawn from existing real documents that can be displayed at any time any person authorized and competent to judge the veracity of these claims. In other words, you will not read below that of actual sentences written and drawn from letters and letters that do exist.
On May 18, 2007, Mr. Badr Eddine Arodaky, then Commercial Director of the IMA, wrote to the manager of the company Yara Prestige
"Sir,
Please kindly send us the list of names of personnel employed by Yara Prestige on the website of the Institute of the Arab world and still in office dated August 31, 2007.
I thanks also to clarify the following points:
1. The nature of each contract
2. The qualifications of each employee
3. The start date of contract
4. Gross earnings "
The company Yara Prestige answer this application dated May 30, 2007 by a letter delivered personally against receipt.
"Mr. Arodaky,
In response to your letter dated 18 May 2007, please find attached the files of employees employed by YARA LUXURY on the site of the IMA. This list includes all the information requested (type of contract, qualification, date of entry and the gross wage). "
On 1 August 2007, HRD Institute du Monde Arabe, Mr Pierre Emmanuel Bourguoin kicks in and sends a letter to the company Yara Prestige
" Through the application of Article L.122-12 of the Labour Code relating to recovery of personnel engaged in an economic entity self to be transferred and in accordance with Article 4 of the concession contract signed with your company, thank you send me promptly the following: Certified copy
-DADS for the years 2005 to 2007.
-Certified copy of the registry staff.
-Certified copy of all contracts for your employees working in the premises of the IMA activities that are the subject of the contract provider. "
Yara Luxury meets this demand August 14, 2007, by a letter delivered personally against receipt.
Meanwhile, August 13, 2007, the collective employee the restoration of the Institut du Monde Arabe wrote to the president, Mr Baudis, to express their great concern, because no buyer has been designated official.
On May 18, 2007, Mr. Badr Eddine Arodaky, then Commercial Director of the IMA, wrote to the manager of the company Yara Prestige
"Sir,
Please kindly send us the list of names of personnel employed by Yara Prestige on the website of the Institute of the Arab world and still in office dated August 31, 2007.
I thanks also to clarify the following points:
1. The nature of each contract
2. The qualifications of each employee
3. The start date of contract
4. Gross earnings "
The company Yara Prestige answer this application dated May 30, 2007 by a letter delivered personally against receipt.
"Mr. Arodaky,
In response to your letter dated 18 May 2007, please find attached the files of employees employed by YARA LUXURY on the site of the IMA. This list includes all the information requested (type of contract, qualification, date of entry and the gross wage). "
On 1 August 2007, HRD Institute du Monde Arabe, Mr Pierre Emmanuel Bourguoin kicks in and sends a letter to the company Yara Prestige
" Through the application of Article L.122-12 of the Labour Code relating to recovery of personnel engaged in an economic entity self to be transferred and in accordance with Article 4 of the concession contract signed with your company, thank you send me promptly the following: Certified copy
-DADS for the years 2005 to 2007.
-Certified copy of the registry staff.
-Certified copy of all contracts for your employees working in the premises of the IMA activities that are the subject of the contract provider. "
Yara Luxury meets this demand August 14, 2007, by a letter delivered personally against receipt.
Meanwhile, August 13, 2007, the collective employee the restoration of the Institut du Monde Arabe wrote to the president, Mr Baudis, to express their great concern, because no buyer has been designated official.
On August 20, 2007, Mr Baudis said to them, in a letter signed by himself, and here it says: "(...)
Your letter of August 13, 2007 has my full attention. I understand the concerns that you make me part with regard to modalities of application of Article L.122-12 of the Labour Code.
The issue of negotiations with the future operator is the responsibility Institute the Arab world. It is covered by business secrecy until it failed.
times negotiations are certainly out of step with the calendar display of the tender. However it was a timetable. There is also a calendar forced given the complexity of the negotiations and the period of leave. We strive to keep it.
(...) However, the obligation to return under Article L.122-12 required the successor, even if temporary disruption of activity.
I beg you to believe that no more than me is anxious to avoid any offset in the resumption of operations.
employees of Yara Prestige and IMA therefore have a common interest in ensuring that negotiations with the new operator lead as soon as possible.
course and pursuant to Article L.122-12 , I will convey to new owner once it has been designated, the elements that must be sent for the resumption of staff so that legal provisions are strictly observed. "
The August 31, 2007, is the turn of the Deputy Director General of the Institut du Monde Arabe, M. Francis Baudet, to drive the point about this in a letter to outgoing concession:
"Mr. Manager,
I hereby inform you that an exchange of letters was signed today with the company Noura ( 27 Avenue Marceau, 75116 Paris ...) for the operation of restaurants in the Arab World Institute.
(...) We have already sent the company your contact information so that NOUR it can contact you as soon as possible especially for the implementation of Article L.122-12 concerning the resumption of employment contracts . "
On September 14, 2007, is at present the HRD of the IMA, Pierre-Emmanuel Bourgouin, who seized the issue, and writing in a letter to the Past:
"(.. .) I remind you that, for its part, the IMA has continued to remind the future policyholder obligations imposed on him under the application of Article L.122-12 of the Labour Code. The IMA has wished that this be stated explicitly in the MOU it signed with the potential licensee August 31 last. "
Indeed, the specifications of the public bidding mentioned clearly the existence of employees and their possible transfer under the terms of application of article L122-12 of the Labour Code:
"At the end of the current delegation under section L.122-12 of the Labor Code , the future may be led to delegate back to his office at the date of entry into force of the new contract for all staff who were previously assigned to the Delegate food service at the IMA.
Under Article L.122-12 of the Labour , the current operator specifies the items concerned, the number of agents, the partial or full-time job, pay, seniority, community agreement applies, the acquired rights. "
Today, Nour says he did not know the lives of employees, because arriving on the scene, he found none: one wonders how tender the banner candidates!
Even stranger, the attitude of the Institut du Monde Arabe, a major contradiction: it keeps talking to Article L.122-12 for months, and then, when the arrival of the buyer, we put that aside and allowed no Noura his own way.
Worse, how to interpret this change in the contract signed between the Institute and Society Noura IMA "(which will operate the restaurant on the site). Here is indeed a phrase from the contract signed between the two parties, relating to Article L.122-12:
"The Déléguataire be solely responsible for its staff which will be the sole employer. He will make his case, where appropriate, the appplication of Article L.122-12 of the Labor Code .
What does this change?
What more statements made by representatives of the Institute Parisien newspaper in a dispatch dated 24 October 2007:
"In our negotiations we insisted that Noura resume all employees, as required by Article L 122-12 of the Labour Code," said the President's Office of the JAI Dominique Baudis. Las: in a letter received yesterday caterer believes that "section (...) not applicable here." "We are perplexed about this change. If we had known we would not accept this brand , "says the museum management. The case will go before the tribunal on November 14. "
One wonders what plays the office of President of the IMA ...
Especially in a letter dated November 7, 2007 addressed to one employee who had used it, the Labour Inspector Sophie Poulet writes :
"Sir,
I refer to your letter of October 30, 2007.
Want to know my position on the refusal NOUR opposes the application of Article L.122-12 of the Labour Code.
According to information brought to my knowledge, NOUR company concluded a contract with IMA trading at 1 October 2007 to exploit the activity of the 3 restaurants located on the premises of the IMA, an activity previously carried on by your employer, the company YARA PRESTIGE.
Therefore, (...), it appears that the recovery of employees needed to YARA PRESTIGE Nour, the buyer, since the conditions of application of Article L.122-12 of Labor Code are met. "