“It is quite exceptional to act in this way, even if we do not know about all the restructurings, because not all of them are reported in the media. But generally there is a dialogue maintained until the end to avoid strikes“, explains Olivier Wéry, lawyer specializing in labor law.
gull“I have never seen a large group act like this and take such a risk.”
Exceptional for a large group like Audi Brussels, which employs nearly 3,000 people (not counting subcontractors) and which is a priori supposed to maintain its activities until February 28. In the process, Audi offered redundancy bonuses by bypassing the unions. Bonuses going beyond what the legal framework provides, between 200,000 to 400,000 euros maximum for an employee with 30 years of seniority at the end of their career, and averaging between 125,000 to 190,000 euros for an employee who stayed for just under 20 years.
A confrontation between workers… and unions?
The way management acts may come as a surprise. Although this would cost Audi Brussels, a Volkswagen subsidiary, dearly, it should allow it to move forward with its closure process without worrying about the dragging social discussions.
Audi offers up to 400,000 euros for workers with 30 years of seniority
“I have never seen a large group act like this and take such a risk. Usually, they play low profile and try to appease, but this is a poker move, perhaps a bluff, but it rather blows the embers because it can create a bickering between unions and workers. advances Olivier Wéry, who explains that he puts himself in the shoes of management as well as that of workers and unions.
Audi Brussels provides generous severance pay of up to 400,000 euros maximum.
“Legally, however, there is not much to say. They have answered the questions and believe that it is no longer possible to provide answers. The tactic is unprecedented but we can understand that in the end of phase 1 of the Renault procedure, if things no longer progress, the employer believes that the workers are only saving time“, he continues.
“It must be admitted that the offer seems rather generous. Audi has put almost twice as much on the table as the law provides for in terms of severance pay“, he continues.
Battle in sight between the Federal and Brussels on the Audi case: “There is also another gray area: pollution”
In what interest, then? Audi could therefore act in this way to close shop and not worry about the continuation of activities on the Forest site, although the question of decontamination will not yet be resolved. But in this way, it would not worry about a possible recovery or development for the workers. She pays for her peace of mind.
gull“Tensions between unions and affiliates are not impossible.”
“I can understand that, faced with the refusal of the unions or the blocking of discussions, management tries to change tactics. But in practice, this means that everyone will individualize and renounce collective strength, which would still be surprising.” he continues.
More taking into account the certain cessation of activities as we know them on the Audi site, more than one worker could be tempted to accept the envelope. And the workers’ wall would thus easily crumble in the discussions still underway.
“The politicians made the observation with us: they were fooled by Audi”
“The unions will surely be persuasive to dissuade workers from accepting, otherwise it would set a precedent. They will be hyper vigilant and try to tighten the troops. But the worker who has the opportunity to have more than 1.5 times the basic compensation will be tempted, especially if he has a career to rebuild. Tensions between unions and affiliates are not impossible”he continues.
Is the Renault procedure outdated?
“The policies no longer have any interest in getting involved in the Audi casecynically. They have nothing to gain from it. The factory will close. Phase 1 is supposed to soften the social damage but here, we are sure that there will be some if there is no buyer. So Audi’s strategy could work. The unions will have a lot to lose and are a little up against the wall“, continues the lawyer.
gull“Politicians no longer have any interest in meddling in the Audi case, cynically. We are sure that there will be damage if there is no buyer. So Audi’s strategy could work. The unions are up against the wall.”
The unions announce that, following this unilateral end of phase 1 of the Renault procedure, they will introduce “appeals at different levels. As a reminder, they want to find solutions to maintain employment or obtain a generalized and potentially more interesting departure plan for workers, including those who have not been present for several years on the Forest site. “The proposed envelope being a maximum, this does not allow (to management, Editor’s note) to sufficiently satisfy the different categories of workers”explain the unions.
gull“We also denounce the manner and arrogance shown by Audi in moving forward without worrying about obtaining an agreement that would include all workers.”
“We also denounce the manner and arrogance shown by Audi in moving forward without worrying about obtaining an agreement that would include all workers through a collective labor agreement. By bypassing collective negotiations, Audi is creating a dangerous precedent that we will not let pass“, still criticize the FGTB and the CSC.
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“They can lodge an appeal so that the court finds that management has not provided all the elements of response. But legally, management does not risk much by considering that this phase is over. Today, we cannot just say that without an agreement, we must continue phase 1. Otherwise we end up with endless discussions. But it’s a risk that management takes in relation to possible subsequent recourses.” he continues.
“This is also why management is more generous, because if it just gives the minimum without having found common ground, it ensures a complete mess until the end of the activities“, finishes the lawyer.
And at the time of writing these lines, neither management nor the unions have been able to tell us more about this Tuesday’s conciliation. An action is planned by the common union front on December 23, just before Christmas.
