Day 187 - 13 Nov 95 - Page 12


     
     1   MR. MORRIS:  Right.  A final question, maybe, on that is:  so is
     2        there a statutory minimum wage for fast food?
     3        A.  Yes.  It is called the Le SMIC.
     4
     5   MR. JUSTICE BELL:  The?
     6        A.  Le SMIC.
     7
     8   Q.   What does that stand for?
     9        A.  It is the minimum guaranteed wage in France.
    10
    11   Q.   Does that apply to -- is it the same for all workers, or
    12        are there different minimum wages for different industries?
    13        A.  The Le SMIC is the minimum guaranteed wage in France.
    14
    15   Q.   For all workers?
    16        A.  For all workers.
    17
    18   Q.   (To the interpreter):  I just want to check, because he did
    19        not actually say that, did he?
    20
    21   THE INTERPRETER:  Yes, he did.  He said that the Le SMIC is the
    22        minimum guaranteed wage for all workers; and then, from
    23        this basic minimum wage, are negotiated higher rates of
    24        pay, according to your grade and your years of work.
    25
    26   MR. JUSTICE BELL:   Thank you.
    27
    28   MR. MORRIS:  Do McDonald's stores adhere to the minimum wage?
    29        A.  Yes.  They are obliged to.
    30
    31   Q.   If I move on to number (3) of these problems: "The time
    32        required to count cash was not remunerated because the
    33        workers had already clocked off before cashing up."  Can
    34        you just explain that, please?
    35        A.  When a worker had finished his shift, he was clocked
    36        off, and then he was told to get the contents of the till
    37        and to count them up.  This practice was observed in all
    38        the restaurants of McDonald's in the Lyon region.
    39
    40   Q.   Were the employees paid for that time they continued to
    41        work?
    42        A.  The workers were not paid for this time.  However, they
    43        were obliged to carry out this task.
    44
    45   Q.   Next point:  "The employees were paid less than the minimum
    46        obligatory pay as stated in the convention."  Can you just
    47        ask him at what time did that occur?
    48        A.  He said, as a team leader, the convention laid down a
    49        particular rate of pay for his grade.  The collective
    50        convention laid down the rate of 39 francs.  However, 
    51        themselves, the team leaders and the Swing Managers, were 
    52        only paid at 37 francs an hour. 
    53
    54   MR. JUSTICE BELL: (To the interpreter): It did not matter in
    55        that answer, but when you translate, can you translate just
    56        what Mr. Lamti said?  For instance, you said "he".  If he
    57        answers in the first person, saying "I", would you say "I",
    58        as if you were Mr. Lamti speaking.
    59
    60   THE INTERPRETER:  Yes, OK.

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