the essential
He rented the services of his team to wine estates near Eauze, but not according to the rules, believe the labor inspectorate and the MSA. The case ended up in court.
It was less a man than an entire system who was judged this Thursday at the Auch court. Faced with the lack of labor, viticulture recruits workers where it can, as best it can. But the companies that offer them their teams do not always respect the law. The judges had to determine whether, between 2020 and 2022, Ali* had been guilty of concealed work, lending labor for profit, bargaining and whether or not he had played the role of a temp agency.
The man, a tall, talkative fellow, is willing to answer all the questions, sometimes to the point of drowning out the court. And his strong argument is his good faith. During several hours of intense debate, Ali recognizes everything, but each time provides a substantiated explanation. He addresses each point with the knowledge of a former wine worker who has become a business manager, and who continues to work in the vineyards alongside his teams.
Interpretation gaps
The MSA accuses him of undeclared amounts, of discrepancies between his accounting and the declared amounts? He explains the differences between flat rate and hourly salary, his learning of the role of business manager. Today his time accounting books are impeccable, notes the president of the court.
As for acting as a temp agency, Ali admits that he recruits workers at the café, the old-fashioned way. But he respects the Labor Code: leave, etc. He treats his employees well, whether they are established in Gers or whether he brings them from Morocco. He pays them the minimum wage and provides them with very decent housing. But these are the usual rules. Those of the interim are different. “No one told me that,” exclaims the defendant. “I did as I was told!”
Labor loan? The bargaining? This would mean that Ali doesn't work with them, leaving the winemakers to play boss. But he is still there. Yes, he doesn't have all the necessary equipment, but that's the case everywhere in the wine industry. His lawyer, Me Valérie Douat, recalls that all the case law supports him. Including a judgment from the social center… from the Auch court!
Recurring situation
The representative of the labor inspectorate does not budge: Ali did not declare his business properly. This question of interim work concerns the prosecutor. “This is the 3rd file this month on the same question of false temporary work, and always for seasonal work.” She concedes that Ali is a rare employer: he pays well, has good accommodation, and the winegrowers appreciate him. Winegrowers who rely on him for a large part. But to set up a temp company, you need a guarantee of €100,000. Not in the case of a service company like Ali's. “We have to put all this in order, and explain it to the winegrowers.” She threatens: “They will eventually be blamed if this situation continues.” The prosecutor is demanding the maximum penalty: €30,000 fines and publication of the conviction.
Ali's lawyer chokes up. The maximum? While the wine growers, although co-authors of the offense of haggling or illicit labor lending, are not even present in the procedure? “In Gironde, my client would not be in court! There are differences between the departments, which a proposed law aims to harmonize, to resolve this difficulty for winegrowers to find agricultural employees.” A sign of the interest of the public authorities in this contentious point, a charter is being worked on at the prefecture to provide local responses. Me Douat requests the release of all the heads of prevention. The court was given until November 28 to resolve the matter.
