In which Gerrit the shepherd takes on Pôle Emploi and wins
Here’s a David and Goliath story to gladden
the heart.
France is a land of paradoxes that don’t
make sense to outsiders. It has a rigid,
unthinking bureaucracy which snuffs out businesses and blights the lives of its
citizens. On the other hand, millions of
ordinary Frenchmen and women outsmart the system every day using guile and
imagination.
Even under socialist president François
Hollande, there are no free handouts for a worker who voluntarily quits his job. However, employees axed by the company receive
lavish redundancy compensation. Social security then provides up to three years generous unemployment pay.
The vital difference between these two extremes is one sheet of paper, the redundancy certificate known as an Avis de Licenciement.
Back in 2010 Gerrit Andriaensen was a
shepherd from Dorres, a village in the Pyrenees. Sheep farming had struggled for years against
cheaper lamb imports from far-away New Zealand.
One December day his employer, the local cooperative, had to let him go.
Declaring someone redundant is not for
the faint-hearted. It involves months of
statutory notice periods, consultations, recorded-delivery letters and formal
meetings. Gerrit’s employers didn’t do
it. Already three months behind with his
salary, they acted too late and no longer had the money to pay him.
They just told him verbally that their
flocks would henceforth be one shepherd less. Gerrit was jobless and minus his salary,
redundancy money and the vital Avis de
Licenciement.
The trade union, Force Ouvière, helped him
to start legal proceedings against the cooperative to obtain the missing paper and
the overdue cash.
All that would take months and he needed to
eat in the meantime. His next stop was Pôle Emploi, the unemployment office in
nearby Prades. They refused to register him without the Avis de Licenciement. That
meant no unemployment pay.
People living below the poverty level were
entitled to Revenu de Solidarité Active
(RSA), a welfare payment designed to keep body and soul together. Naively, Gerrit thought that having no income
was the same thing as poverty.
The government didn’t see it that way. He couldn’t have RSA either because, well, he should be claiming unemployment pay,
shouldn’t he?
Over a year later in February 2012 the
legal battle came to a head. A tribunal ordered Gerrit’s former bosses to pay
all that was due and issue the Avis de
Licenciement. Insolvent and unable
to comply, the cooperative opted for liquidation. Its managers were replaced by a liquidator.
Now the liquidator refused Gerrit’s request
for the precious Avis because he hadn't
made Gerrit redundant. The cooperative’s
managers did that before liquidation. Time for a whole new legal battle.
In August 2013, almost three years after
the nightmare started, Gerrit finally received the backdated Avis de Licenciement. His joy turned to anger as Pôle Emploi now declared his claim for
unemployment pay to be invalid. The Avis was years late. It had expired.
The desperate lack of cash and the sense of injustice
would not go away – “I’m at a dead end.
I’ve worked 30 years without asking for anything. I feel hurt that they’ve treated me as less
than nothing” said Gerrit. It was time for some people power, known to the
French as Système D.
Let’s roll forward to the present. Gerrit decides to go to Paris and petition
François Hollande, but he has no money for the trip. Cafés, restaurants and hotels are all but a pipe dream.
When in real trouble, a Jedi knight calls upon the Force. Aborginal peoples summon the spirits of their ancestors. If you're French and in the merde it's time for Système D.
When in real trouble, a Jedi knight calls upon the Force. Aborginal peoples summon the spirits of their ancestors. If you're French and in the merde it's time for Système D.
Besides being a shepherd, Gerrit is a volunteer
fire-fighter and a champion fell-runner.
He’s aleady won the Gran Volta de Cerdanya, a gruelling 214 km (133
mile) race through the Pyrenees. Why not run to Paris? It’s not far, a mere 900
km (560 miles) with around 18 nights sleeping rough in the middle of winter.
The union, Force Ouvrière, launches a publicity
campaign and local newspaper, “l’Indépendant”, takes up the baton. On 21
January Gerrit leaves Dorres and the paper tracks his progress in a regular
column, publishing his mobile phone number.
Our Pyrenean shepherd descends to the
Mediterranean and follows the coast north-east for a couple of days to Béziers before
turning north towards Paris. People
phone to wish him well. Along the route,
journalists call as one local newspaper after another takes up the story. Then a TV crew arrives and Gerrit appears on
the evening news. In the following days
complete strangers seek him out with offers of food.
Six days into the journey things start to
go wrong. Gerrit only has what he can
carry in a small backpack.
Under-equipped, he crosses the remote Plateau de Larzac in torrential
rain which turns to snow. His sodden
sleeping bag becomes a death trap at night and too heavy to carry during the
day. He abandons it.
This bad news sets off an avalanche of
support. A fire-fighter friend drives a
four-hour round trip bringing dry replacements for everything. As Gerrit resumes the run north, towns and
villages offer free meals and then, a bed for the night. There’s no more sleeping rough.
Sometimes people join him and run alongside
for a while. Further up the bureaucratic
food chain from the pen-pushers of Prades, someone notices and starts to wonder
where this might lead. There's already too much publicity and the story's taking on a life of its own.
By the time this simple shepherd reaches
Paris, his rag-tag bunch of supporters could become a cast of thousands. François Hollande is already France’s most
unpopular president since the Second World War.
The last thing he needs is a folk hero.
Two weeks after leaving Dorres, Gerrit is
north of Clermont Ferrand and more than halfway to Paris. His phone rings. After months of intransigence, the Pôle
Emploi has suddenly reviewed his case. He can
have his unemployment pay after all and they’ll backdate it to when he claimed. You see, it was all a silly
misunderstanding.
Oh, and a triumph for citizen power - Système D.
Oh, and a triumph for citizen power - Système D.