Conseil de prud'hommes de Grenoble, 7 janvier 2009, 08/00415
Court: | Conseil de prud'hommes de Grenoble (France) |
Docket Number: | 08/00415 |
CONSEIL DE PRUD'HOMMES
Palais de Justice
Place Firmin Gautier-BP 140
38019 GRENOBLE Cedex 1
RG N° 08 / 00415
RÉFÉRÉ
AFFAIRE
Faouzi X
contre
SARL SDER 38
ORDONNANCE DU 07 Janvier 2009
ORDONNANCE DE RÉFÉRÉ
Prononcée par mise à disposition au greffe le 07 Janvier 2009
M. Faouzi X
Profession : Commercial
Présent
DEMANDEUR
SARL SDER 38
45 route de Lyon
38000 GRENOBLE
Absent
DEFENDEUR
COMPOSITION DE LA FORMATION DE RÉFÉRÉ LORS DES DÉBATS ET DU DÉLIBÉRÉ
M. Gilbert KINCKEL, Président Conseiller Employeur
M. Donatien DE HAUTECLOCQUE, Conseiller Salarié Assesseur
Assistés lors des débats de Serge DIBIDABIAN, Greffier
PROCÉDURE
Enregistrement de l'affaire : 15 Décembre 2008
Récépissé au demandeur : 15 Décembre 2008
Citation du défendeur : 16 Décembre 2008
Audience de référé : 24 Décembre 2008
Décision prise : Affaire mise en délibéré pour une ordonnance être prononcée le 07 Janvier 2009
Monsieur Faouzi X...a saisi la formation de référé du Conseil de Prud'hommes de Grenoble à l'encontre de la SARL SDER 38 afin d'obtenir :
- salaire d'octobre 2008 : 801,32 €
- indemnité de congés payés d'octobre 2008 : 80,13 €
- indemnité de déplacement octobre 2008 : 906,13 €
- la remise du bulletin de salaire, certificat de travail et de l'attestation ASSEDIC,
- le tout sous astreinte de 50,00 € par jour de retard à compter de la notification de la présente ordonnance,
- ordonner l'exécution provisoire de la décision,
LES FAITS
Monsieur Faouzi X... a été embauché par la SARL SDER 38 à compter du 02 octobre 2008 dans le cadre d'un contrat à durée indéterminée en qualité de technico-commercial.
Bien qu'aucun contrat rectifié par écrit ne soit fourni et qu'il est prouvé que les relations de travail ont bien eu lieu, le contrat à durée indéterminée se trouve avéré.
La formation de référé note que la SARL SDER 38, bien que régulièrement convoquée, n'est pas présente à l'audience et n'est pas représentée. Elle justifie son absence en précisant qu'elle sera empéchée avant le 05 décembre 2008 alors que l'audience a lieu le 24 décembre 2008 ; ce motif d'absence ne peut être pris en considération.
Le 20 octobre 2008, la SARL SDER 38 signifie à Monsieur Faouzi X... la rupture de la relation contractuelle et saisit la formation de référé afin de réclamer les sommes qui lui sont dues.
LES MOYENS
Attendu que Monsieur Faouzi X... a demandé à son employeur, à maintes reprises, la régularisation de son contrat de travail ;
Attendu qu'il est prouvé que...
Pour continuer la lecture
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