These seven managers had contracts in 1998

Dozens of shops Bouygues Telecom 20 according to the operator, 50 managers according to the complainants, on nearly 500 total have begun judicial proceedings. Dispute concerning the contract of "stewardship mandate" with network Clubs Bouygues Telecom (CTRNET), subsidiary to 100 of the operator. Managers require that the contract be requalified in "contract of employment". Allowing them to request the payment of overtime, allowances for termination of contract... In total, 300,000 to 400,000 euros by boutique over five years. What 7 managers were awarded the Council of the labor of Versailles, April 25. Decision questioned by CTRNET, but recently confirmed by the Court of appeal of Versailles.

These seven managers had contracts in 1998. These contracts were not renewed by the operator, and thus ended in 2004. Shortly thereafter, interested parties is placed in liquidation. For the Council, the liquidation has been "driven by the position of subordination and the breach of contract." The Manager is in a State of economic dependence without freedom to manage. "In case of contractual breach, it can only be put into liquidation".

"Relationship of subordination".

According to the jurisprudence, the managers are considered employees of CTRNET if there is "a relationship of subordination". And this is what justice was established: CTRNET has indeed local, fonds de commerce, the sign, the customer (and including the client file), goods (phones mobile and accessories), which are only products Bouygues Telecom. The Court found no field of activity where managers receive no instructions to the operator. He decides to sold products, the shopping area, advertising in directories, the arguments of sale, sellers dressing... "The Navy blue color is rigour in the holding, is the Council." At the launch of the i-mode, polos port was to be constant, these shirts should be covered by any garment.

CTRNET says that managers are free to set their salaries. But the Court rejected this argument. She CTRNET indirectly determines the salary or wages, in deciding the price of sale, the rate of commissions paid to managers and the volume of stocks. In letters to the managers, "CTRNET forget the very notion of society and commission, to directly discuss the concept of remuneration of the managers." "CTRNET expresses the true legal nature of the commissions", within the Court.

Concerning the recruitment of the employees of the shops, CTRNET chooses a cabinet, put some interviews, and issues of "strong incentives" in their number. The operator also offers "almost mandatory" training, and asks, in the absence, to "know why". Regarding schedules, CTRNET application "in particularly imperative terms" the opening of stores such as holiday or such bridge. If the Manager closed shop, "a medical certificate attesting to his capital" is requested!

As suppliers, CTRNET chooses them either requires "approve them", or, if the manager chooses despite any other provider, imposes penalties in case of malfunction. Finally, the operator has "broad" opportunity to terminate the contract. "CTRNET use this option as the employer of the right to terminate", explains the Court. In practice, "CTRNET reminded the managers that if they were not what CTRNET asked, the contract would be terminated and"you will lose your job"". A manager who closed shop the day where he learned the death of his brother and had threatened in writing to "terminate the contract.

When questioned, Bouygues said his appeal on the merits is still in progress. Defended by the same counsel, Mr. Cyril Ravassard, managers of formula 1 were returned against Accor a few years ago.