Bouygues Bâtiment Ile-de-France files a complaint after the break-in and occupation of the first tower construction site in La Défense
Following the break-in and violent occupation of the First Tower construction site on 23 November 2009 by workers without papers or with false papers, Bouygues Bâtiment Ile-de-France has filed a complaint for unlawful occupation, obstruction of the right to work and damage to property (Articles 226-4, 431-1 and 322-1 of the Penal Code).
The site was occupied at about 2.00 pm by 300 demonstrators who are not company employees. They broke down doors to gain access to the site and site offices and molested several employees. Bouygues Bâtiment Ile-de-France filed a complaint after an officer of justice made an official record of the offences, which are a violation of the premises and a clear threat to safety. That is the context in which the Prefect of the Hauts-de-Seine département decided to clear the site.
Bouygues Bâtiment Ile-de-France would like to emphasise that the demonstrators are not its employees and that no advance notice of a strike was given, either before the occupation on 2 November or before yesterday's events. As the incident is not a strike but an occupation, Bouygues Bâtiment Ile-de-France has not in any way breached the right to strike.
Bouygues Bâtiment Ile-de-France wishes again to clarify the following key points.
It is aware that illegal workers can take advantage of the company, using false papers or papers that do not belong to them in order to get a job
To forestall this risk, Bouygues Bâtiment Ile-de-France:
• applies very strict control procedures,
• works with prefectures to ensure that the papers of all the foreign workers it hires are in order,
• has concluded framework agreements with temporary employment agencies containing specific clauses designed to ensure that the manpower provided is legal,
• provides all site workers (employees, subcontractors and temporary workers) with a badge giving them access to the site. Mere possession of a badge does not in any way constitute proof that a worker belongs to Bouygues Bâtiment Ile-de-France.
Although it is aware that illegal workers may be present on its construction sites, Bouygues Bâtiment Ile-de-France does not have the technical or human resources to detect false papers. That is the responsibility of the State and its services.
Bouygues Bâtiment Ile-de-France also wishes to emphasise that it has nothing whatsoever to gain, especially in financial terms, from employing illegal workers. The company scrupulously complies with working hours requirements and wage levels in the industry and pays all its taxes and social security contributions. Hiring illegal workers would leave the company liable to severe penalties. For information, several inspections are carried out on Bouygues Bâtiment Ile-de-France construction sites every week by the police, the social security contribution collection agency and the labour inspectorate.