The countless recurring administrative dysfunctions have prompted the General Assembly of the Conseil des Prud'hommes (CPH) of Basse-Terre and Pointe-à-Pitre not to resume their activity in 2023 in view of the non-payment of their vacations and allowances of the year 2022.
As a reminder, the CPH is a jurisdiction in charge of disputes between the employee and the employer, it is joint and mixed divided into 2 colleges where the presidency of the Council and of the sections alternates. Michel Vogel, outgoing president, re-elected vice-president of the Conseil des Prud'hommes de Basse-terre, warns of the critical and grotesque situation experienced by the councilors of Saint-Martin, forced to see themselves applying rules that do not respect labor law. work and the decrees set by URSSAF. Who also see their working conditions unilaterally modified in defiance of compensation, which has been customary since Saint-Martin took part in the Council in 2022. The hearings scheduled for February will be postponed until the administration takes into account their legitimate demands. However, M Vogel insisted that the monthly Foraine hearing last Friday in Saint-Martin be respected, so as not to penalize the litigants. Saint-Martin now has two Prud'homaux advisers, Michel Vogel, adviser for 20 years and Eve Riboud. They seized the administration at the highest level, whether it is the Ministry of Overseas, Justice, Labor or even the adviser to the Elysée as well as our elected officials.
But the judicial administration seems not to understand the specificity of the jurisdiction, however noted by the Prosecutors in their requisitions during the solemn hearings of re-entries and the archipelagic side of Guadeloupe: Saint-Barthélemy, Les Saintes, La Désirade, Marie-Galante . The dysfunctions are multiple but stem particularly from the distance separating the 2 jurisdictions obliging the advisers, “ like litigants" from the day before and having to advance their travel expenses (hotel, car rental, petrol) only to be compensated on a lump sum basis, several months later. The accumulation of these expenses and indemnities advanced over several months no longer allows the advisers to continue their mandate under acceptable conditions.
Conditions that have not allowed employees of Saint-Martin to participate for several years in joint justice. During his speech at the formal back-to-school audience in Basse-Terre on January 26, 2023, Michel Vogel expressed himself in strong meaningful words: “Times change, so do the laws. I hoped that my years of service would succeed in tipping the scales allowing the reduction of the dysfunctions that the judicial administration poses to our Council, which I remind you is unique in the Republic. (…) We can remain proud of our jurisdiction, which despite the technical or administrative torments, continues to function. (…) The Estates General did not take into account the specificity of our territories. (…) Many disparities cause justice to suffer”. Privileging public service and the right to justice for all litigants, the councilors of Saint-Martin feel that they have to do "low-level bargaining" to respect their mandate in decent and acceptable conditions. At the start of Mandature 2023, the lack of responsiveness of the judicial administration causes the non-representativeness of Saint-Martin within an essential joint jurisdiction located in Basse-Terre, to the detriment of Saint-Martin employees and employers. . _VX
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