L’avocat conseil d’EIM Gabon Ruphin Nkoulou-Ondo, entouré de la DG de l’entreprise Dupré Meviane Gabrielle Muriel et du représentant des employés durant la conférence de presse le 31 octobre à Libreville © Gabonactu.com
Les employés d’Exécutif intérim management (EIM), entreprise de mise à disposition du personnel, victime d’une rupture abusive du contrat depuis un an par le groupe pétrolier chinois SINOPEC, ont, à travers leur avocat conseil, imploré dans une conférence de presse mardi 31 octobre 2023 à Libreville, la magnanimité du Président de la Transition, Chef de l’Etat, le général Brice Clotaire Oligui Nguema, de peser de tout son poids pour restaurer leur dignité mise en mal par cette situation de chômage forcé.
« La Convention de concession qui lie le Groupe SINOPEC à l’Etat Gabonais arrive à terme au mois de décembre prochain ; quel sort sera donc réservé à ces employés ainsi qu’à leur employeur, la société EIM Gabon à la suite de ces agissements malveillants et frauduleux du Groupe SINOPEC ? nous souhaitons que les plus hautes autorités de la Transition puissent agir, car la situation est urgente », a lancé Ruphin Nkoulou-Ondo, avocat conseil d’EIM.
EM Gabon avait signé un contrat de mise en disposition du personnel avec le groupe SINOPEC le 28 septembre 2021 pour une durée de trois ans, conformément à la loi no 20/2007 du 15 janvier 2028 portant ratification de l’ordonnance no 20/2007 du 21 août 2007. Jusqu’ici tout allait bien, la cinquantaine d’employés mobilisés était à la tâche. Il se trouve qu’en 2022, un employé d’EIM Gabon a découvert qu’il était moins payé que celui employé directement par SINOPEC.
Toute chose qui est contraire à l’article 13 de la loi no 20/2007 du 15 janvier 2028 qui dispose que : « le salaire de base du travailleur sous contrat de mission est au moins égal à celui prévu pour sa catégorie dans la grille salariale interne de l’entreprise utilisatrice ». Cette disposition est complétée par l’article 14 de la même loi en des termes : « outre le salaire de base visé à l’article 13 ci-dessus, le travailleur sous contrat de mission bénéficie des primes et indemnités attachées au poste de travail occupé au sein de l’entreprise utilisatrice ».
Pour Me Nkoulou-Ondo, « c’est la consécration du principe de non-discrimination consacré par le droit du travail gabonais, lequel principe est lui-même le corollaire du principe d’égalité énoncé par l’article préliminaire de la constitution gabonaise ».
La même différence de traitement salariale a été découverte par la Directrice générale d’EIM Gabon, Dupré Meviane Gabrielle Muriel. Une clause qui ne figurait pas dans le contrat négocié préalablement. Il s’agirait là d’une sorte de dol.
Abasourdie, la gérante de l’entreprise avait entamé des négociations avec SINOPEC, mais en vain. Depuis le 09 octobre 2022, le « Groupe SINOPEC n’a plus jamais adressé de demande de mobilisation du personnel à la société EIM Gabon et ce malgré la sommation interpellative du 02 mars 2023 qui lui été adressée ».
« Derrière nos employés, il y a plus de 200 personnes qui sont dans le désarroi, des familles n’arrivent plus à envoyer leurs enfants à l’école, d’autres meurent faute d’argent pour se soigner, que le Président de la République, le premier Ministre, le Ministre du travail et le Ministre de la Justice se penchent sur ce dossier pour restaurer la dignité de ces pères et mères de familles », a imploré de son côté Mme Dupré Meviane, indiquant par la suite que son entreprise a fait banque route du fait de cette situation difficile.
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