Case Summary – English Version

1994: Jacques Vivares and his son, Boris Vivares, purchase in Vietnam the Precioso company, then start Vivablast.

2016: Vivablast begins its activity in Myanmar by creating the Myanmar branche Vivablast Myanmar (VB Myanmar). Boris Vivares becomes its Director, while being CEO of Vivablast Group.

January 2017: Blandine Le Magnen begins working at VB Myanmar as Quality Manager.

January 2018: Following the resignation of the previous General Manager of VB Myanmar, Blandine Le Magnen is chosen to take over his position.

Blandine Le Magnen has then two work contracts: one contract with VB Asia company, Boris Vivares’ company for overseas employment, where is detailed the salary share paid overseas by VB Asia (2,500 USD), the salary share directly paid locally by VB Myanmar (900 USD), and the payment of her house rent by VB Myanmar directly to her landlord (350 USD); and one contract with VB Myanmar where are detailed the salary share locally paid by VB Myanmar and the house rent.

July – November 2018: With the business developing, the first cash flow issues appear. As a consequence of Boris Vivares refusal to send cash to the VB Myanmar, as he ought the Burmese branche to be financially independant, Blandine Le Magnen accepts to not take her salary paid locally temporarily to prioritise the payment of the other employees and to purchase the consumables needed to pursue the business. For this same reason, she starts to inject cash in the company, to be refunded when possible in company expenses. The company’s debt towards her increases fast to reach 4,500 USD by the end of the year 2018.

January 2019: Following Boris Vivares bi-annual visit in Myanmar, the debt towards Blandine Le Magnen is discussed. Boris Vivares informs that he will send a proposition to Blandine Le Magnen by mail to acquire shares in the Burmese branche. Once back in Vietnam, Jacques and Boris Vivares offer the acquisition of 10% of the shares of the company, with a payment by bank transfer.

April – December 2019: Blandine Le Magnen successfully diversifies the company services, signing new contracts in the energy sector. With the cashflow constraints intensifying, Blandine Le Magnen is forced to pursue not receiving her share of salary locally paid not her rent. By the end of 2019, the company’s debt towards her reaches 37 000 USD. Any amount injected in the company is recorded and acknowleged by the accounting department. The payment planing including such amounts is frequently sent to Boris Vivares by email.

January 2020: Blandine Le Magnen signs a long term contract amounting 100K USA with BYMA for a construction site.

4 March 2020: Boris Vivares cancels, because of Covid, his trip to Myanmar during which Blandine Le Magnen wanted to finalise the discussion related to the company’s share acquisition.

27 March 2020: As a consequence of the rapid increase of the COVID case numbers and fearing to be kicked out the BYMA construction site (that imposes strict quarantine rules for the team of infected employees), Vivablast Myanmar halts operations few days before the lockdown imposed by the government.

17 April 2020: Boris Vivares informs all expats of the Vivablast group by written notice that they need to work 50% of the time starting immediately and that they will receive a 50% salary cut from April to compensate the decrease in business due to COVID.

27 April 2020: the first lockdown ends in Myanmar. VB Myanmar resume operations with alternate shifts. In order to fill the gap of the workforce working half time, Blandine Le Magnen works full time, while being paid 50% of her salary share paid overseas and while still not receiving her salary paid locally.

4 June 2020: After initiating the negotiations during the first lock down, Blandine Le Magnen signs the first oil and gas offshore Long Term Agreement with Petronas for the supply and install of Belzona products, which was one of her crucial objective as a General Manager of the Myanmar branche.

July 2020: The Myanmar team resumes full time work.

10 August 2020: Blandine learns that all other expats of the Vivablast group had only one month salary cut at 50% because of Covid. Realising the unfair treatment towards her, Blandine Le Magnen informs Boris Vivares that she expects to get back her full salary in July, without which she would resign. Vivablast management team answes that they will consider reinstating the full salary and requests Blandine Le Magnen to keep her position.

10 November 2020: Depiste Boris Vivares words, Blandine receives 5O% of her salary for Octobre. Boris Vivares pretends it is a HR mistake. The HR deny and confirm they approved 100%.

16 November 2020: Without answers to her requests for justification for July and October salary cut, Blandine Le Magnen informs Boris Vivares that she will not extends her current contract, that runs beyond 31st December 2020. At this date, the company’s debt towards her reached 58,191 USD.

24 November 2020: The management of Vivablast refuses to pay back the outstanding debt, as they pretend is a result of bad management.

18 December 2020: Jacques Vivares, Chairman of Vivablast groups, requests informations to finalise the handover, and supporting documents for the debt. He resquests Blandine Le Magnen to extend her contract by two months. Blandine Le Magnen accepts under certain conditions, and sends all the supporting documents of the debt towards her.

21 December 2020: Blandine Le Magnen’s successor is appointed, the handover stats.

28 December 2020: Boris Vivares sends an official letter to Blandine Le Magnen requesting additional information for the handover. Blandine Le Magnen answers the summary of all documents sent and resquests the status of her debt’s repayment.

31 December 2020: Without any answer about her two months contract extension, Blandine Le Magnen does her last day. Vivablast Myanmar (salary paid locally + rent + capital injection) and VB Asia (50% salary in July and October)’s debt towards her reaches 59,991 USD.

4 January 2021: Blandine Le Magnen informs Boris Vivares that she has contacted a lawyer to get back her debt.

7 January 2021: Boris Vivares confirms to Blandine Le Magnen he sent her last December salary and the 50% salary of July and October, cleaing VB Asia’s debt towards her. Boris Vivares tells Blandine Le Magnen to contact Jacques Vivares for the refund of the remaining 57,491 USD.

12 January 2021: Blandine Le Magnen confirms to have received the transfer and requests whether the payent of the remaining debt would be done via VB Asia or VB Myanmar.

20 January 2021: Boris Vivares answers that VB Asia has nothing to do with her anymore, and tells her to talk to her successor. Blandine Le Magnend contacts him accordingly.

21 January 2021: Blandine Le Magnen’s successor tells her that, follwoing discussion with Boris Vivares, ano refund will be done. Blandine Le Magnen contact Boris Vivares again, who answers to deal with Jacques Vivares and adds that Blandine Le Magnen is responsible for contracting this debt.

22 January 2021: Blandine Le Magnen contacts Jacques Vivares again, without answer.

1 February 2021: Coup d’Etat in Myanmar

23 February 2021: Luther and Associates, the lawyers of Blandine Le Magnen contact Boris and Jacques Vivares by mail and by post delivery. They do not receive any answer.

22 March 2021: Blandine Le Magnen’s lawyers confirm the written notice was declined at delivery.

12 January 2023: Blandine Le Magnen informs Boris and Jacques Vivares she had created this website. She does not get any answer.

Laisser un commentaire