Factbox: How France is forcing striking fuel staff back to work

North Atlantic Energies SA

12/10/2022 10:47

PARIS, Oct 12 (Reuters) - France's energy ministry said
on Wednesday it had launched requisitioning proceedings at Esso
France's  ESSF.PA  Gravenchon-Port Jerome depot to secure petrol
supplies following weeks-long strikes in the industry.
    HOW CAN THE FRENCH GOVERNMENT ORDER STRIKING FUEL STAFF BACK
TO WORK? 
    Though the right to strike is a constitutional one, it can
be regulated. According to the local authorities law, the
state's local representative (prefect) can "requisition any
property or service, require any person necessary" to maintain
public order, hygiene, tranquillity and safety. 
    Staff requisitions can only target the minimum workers
needed to sustain a service operation.
    On Tuesday, Prime Minister Elisabeth Borne said she had
asked the prefects to requisition the personnel needed for the
functioning of depots run by Exxon Mobil's Esso France unit. 
    Walkouts and unplanned maintenance at refineries run by oil
majors TotalEnergies  TTEF.PA  and Exxon Mobil have forced more
than 60% of France's refining capacity offline and blocked
distribution from fuel depots, leading to shortages at some
petrol stations. 
    "We want this situation to change fast," Borne told the
lower house of parliament on Tuesday.
    HOW DO THE REQUISITION ORDERS IMPACT WORKERS? 
    Once employees are notified of a requisition order, they
have to comply, or they could face up to six months in prison
and a 10,000-euro ($9,700) fine.
    "Requisition orders are very rare, very exceptional," said
labour lawyer Zoran Illic, who often represents workers' unions.
"I don't know one lawyer who would advise an employee to refuse
to comply with a requisition order, because the consequences
would be too serious."
    But workers can refuse the order if their physical condition
doesn't allow them to work, in an equivalent to sick leave.
    They can also contest the orders by taking them to an
administrative court, challenging their legitimacy. 
    The CGT union, which remains on strike despite an agreement
between management and other unions over pay at the Esso site, 
said it would challenge the requisition notifications in court
once it had received them.
    HAS IT HAPPENED BEFORE? 
    When nationwide strikes paralysed France’s oil refining
industry back in 2010, then-Prime Minister Francois Fillon's
conservative government used requisition orders to bring back
TotalEnergies' refinery staff back to work.
    The CGT union took the case to an administrative judge, who
suspended the requisitions orders. The court considered they
were disproportionate, and seriously and illegally infringed on
the workers' right to strike.
    ($1 = 1.0309 euros)
 (Reporting by Juliette Jabkhiro; Editing by John Irish and Mark
Potter)
 ((Juliette.Jabkhiro@thomsonreuters.com;))