1. FACTS CONCERNING PERSONNEL OF MERCURI
INTERNATIONAL SPAIN IN PROCESS OF LIQUIDATION
(FACTS CONCERNING CUSTOMERS WILL FOLLOW…)
Facts that you may know:
All of you must be aware of the fact that MIGAB has taken the decision to
close the unit of Mercuri International in Spain without giving the
employees the legal compensation they are entitled to (an amount
equivalent to 45 days per year worked) and they deserve after having
shown their commitment, loyalty and hard-working for over 20 years (most
of them) towards the Company.
As a matter of fact, Mercuri International offers the Spanish Employees 0
€ and claims that the compensations should be paid by Government
Spanish Insurance Funds which means that they would receive a symbolic
charity amount.
The decision taken by the Labour Ministry against the application filed by
the Lawyer who represents the Group in Spain on July 24th, requesting the
termination of contracts for the Spanish employees, states among other
clauses, the following one that might be of interest to you:
“The company making the request belongs to MERCURI
INTERNATIONAL GROUP AB, with which Headquarters - with
registered domicile in Sweden – it has an economical relationship that
should be considered in order to study the actual causes for its requested
dissolution. It exists, according to Case Law declarations, a consolidated
responsibility between Group companies in order to fullfill obligations
derived from labour contracts.
Case Law, as well, has established the need in such cases to study
economical documents concerning Group Companies”
This resolution was issued on. September 29th, 2009.
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2. Parallelly, as the Company’ Lawyer had the feeling that this application
would be turned down by Social Authorities, an additional legal procedure
was initiated at the beginning of September in order to obtain the
termination of contracts for the employees of Mercuri International Spain.
This time, the decision will have to be issued by a Magistrate of a different
Court that rules under commercial laws.
On November 24th, the Spanish employees of Mercuri International were
informed that a negotiation process lasting a minimum of 15 days was open
in order to try to reach an agreement between the Company and the
workers. If no agreement is reached this time, the Magistrate will take the
decision regarding the termination of contracts and the compensation to be
paid to Spanish employees and by whom.
Should this decision be in favour of the Company, the employees of
Mercuri International will appeal against this ruling and the file will go
back to the Labour Ministry that already took a decision in favour of the
employees, according to the above stated paragraph.
In addition to the above legal risks, there are important financial risks that
the Group should not disregard. These latter are related to Clients and
specially to International Clients business.
You surely all know that some of us were offered the possibility to join a
new Company that would be set up as soon as the present one would be
closed in order to continue to manage the International Projects with the
same level of quality as up to now in Spain. In order to settle this
agreement, Nicole Dereumaux in a meeting held with Spanish employees
in Madrid on July 10th offered those that were not getting a job in the new
Company a compensation of 36 days per year of employment in Mercuri,
but a few days later Nicole Dereumaux went back on her word and,
consequently, no agreement was reached with future unemployed people.
On the other hand, conditions offered to those supposed to join the new
Company were not acceptable either.
Therefore, as a satisfactory agreement was not reached, other formulas are
being studied to carry out International Projects in Spain. It should be born
into account that all of them are in risk, if a satisfactory solution is not
found for all the Spanish employees, as well as the image of Mercuri
International in Spain and worldwide.
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3. Facts that you may not know and that will be of interest to a
Magistrate:
1) Approximately at the same date, but last year, two Spanish
Consultants were fired, but they were paid, as severance, 45 days per
year worked.
2) In the month of December of last year 2 more Spanish employees
belonging to the administrative staff were dismissed and they
reached an agreement with the Company concerning their severance
payment of 36 days per year worked.
3) Among the above mentioned administrative employees was the
Financial Manager who was paid an indemnity of 145.000 € last year
and who was supposed to leave the Company in the month of
December 2008. Nevertheless, she went on working in Mercuri
International offices until the end of June 2009 (Just after the Board
Meeting was held and the decision to close the unit was formally
approved). She was probably hired by an intermediary, although paid
by Mercuri International. Moreover, this person did not leave
completely the Company at the end of June either. She has been
collaborating, this time from outside the office, with the Lawyer of
the Company in order to help fire her former colleagues with no
compensation at all. Guess who has paid for her work.
4) At the end of June, the accountant was also fired with a
compensation of 45 days per year worked. Straight afterwards she
was hired by the Lawyer of the Company, but she is being paid by
Mercuri International Group and she is working for the Lawyer of
the Company in her former desk in the offices of Mercuri
International Spain.
5) At the beginning of September instructions were given so that no
more income would be generated through International Projects for
Spain.
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4. 6) Steps are being taken in order to copy the data included in the servers
of Mercuri International Spain through Mercuri International UK.
This procedure is contrary to the Spanish Law of Data Protection.
Where are the Core Values preached by Mercuri International in this
issue?
We are requesting by this writing that a win-win negotiation,
according to Mercuri International’s principles, be initiated with
Spanish employees in order to find a satisfactory agreement for all
parts involved and avoid financial prejudices on both sides.
Madrid, November 30th, 2009
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