Dissertations / Theses on the topic 'Arbitrage (droit du travail) – Sénégal'
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N'doye, N'deye. "Le licenciement pour motif personnel en France et au Sénégal : [étude de droit comparé]." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00766980.
Full textDiop, Mayemouna. "La flexibilité de l'emploi en droit du travail français et sénégalais." Grenoble 2, 1996. http://www.theses.fr/1995GRE21036.
Full textFLEXIBILITY IN EMPLOYEMENT HAS BEEN DESCRIBED AS THE ABILITY OF FIRMS TO REACT RAPIDLY TO THE DEMANDS OF THE MARKET OR AS AN INTERNAL MANAGEMENT STRATEGY AIMING AT RATIONALIZATION. IT COVERS PRACTICES AND VARIOUS REQUIREMENTS WHICH HAVE NOT THE SAME AIM. IT MAY BE ACHIEVED BY MEASURES TO RELAX LEGAL OR CONVENTIONAL REGULATIONS IN ORDER TO LOOSEN RESTRICTIONS, FACILITATE THE USE OF PARTICULAR TYPES OF WORK OR THE PLANNING OF JOBS TAKING INTO ACCOUNT FUTURE REQUIREMENTS, OR PROFESSIONNAL TRAINING. WE HAVE POINTED OUT SOME DISTINCTIVE CHARACTERISTICS RELATING EITHER TO THE LENGTH OF THE WORK CONTRACT, WHETHER FULL OR PART TIME AND THE ABILITY OF THE EMPLOYEE TO WORK FOR SEVERAL EMPLOYERS. FOR A LONG TIME, ONE HAS BEEN CONSIDERING FULL TIME PERMANENT EMPLOYEMENT WITH NO LIMITATIONS OF LENGTH, IN DEVELOPED COUNTRIES LIKE FRANCE AS WILL AS IN DEVELOPING COUNTRIES SUCH AS SENEGAL. WHEREAS THE USUAL LABOUR MANAGEMENT RELATION BINDS THE EMPLOYEE TO THE EMPLOYER FOR AN UNDETERMINATE length OF TIME AND MAKES IT COMPULSARY FOR THE EMPLOYEE TO BE IN THE FIRM'S PREMICES, IN THE CONTEXT OF FLEXIBLE EMPLOYEMENT, THE STRATEGY OF THE FIRM IS TO EMPLOY A CHORE OF PERMANENT WORKERS AND IN ADDITION, TEMPORARY EMPLOYEES. THE TEMPORARY EMPLOYEES CONSTITUTE A RESERVE OF MANPOWER, ALLOWING THE FIRM TO MODIFY RAPIDLY THE AMOUNT OF ITS EMPLOYEES, ACCORDING TO ITS NEEDS WITHOUT SUPPORTING THE COST OF A LARGE PERMANENT WORK FORCE. THE NEED TO ADAPT THE SIZE OF THE WORK FORCE AND ITS SKILLS IN ORDER TO REACH THE TARGETS OF THE FIRM HAS BROUGHT ABOUT A FLEXIBILITY IN THE USE OF WORK FORCE AND, CONSEQUENTLY, IN THE DEVELOPMENT OF MANAGEMENT STRUCTURE
Doucoure, Bakary. "Travailleurs "informels" et travailleurs "protégés" à l'épreuve des précarités professionnelles : précarité "informelle", précarité "formelle" et précarité au Sénégal : contribution à l'étude socio-anthropologique des précaires sénégalais." Paris 5, 2006. http://www.theses.fr/2006PA05H023.
Full textWith the successful of the notion informal [unofficial] in the socio-economic analysis of developing countries since the beginning of the 1970's, the notion of informal sector is used to refer to a very heterogeneous group of economic players and micro-businesses (one person or family business) generally set aside of labour laws, who are not registered by the administrative services and hardly benefit from any form of social welfare, judicial or administrative protection on the professional level. Moreover, the informel [unofficial] sector is defined as opposed to the "formal" [official] sector. Also victims of economic insecurity, one might say that informal [unofficial] players are to a large extent victims of the lack of job security. However, in a national socio-economic context characterized by few welfare transfers, almost endemic unemployment and underemployment, a buying power still considered unsuited for the cost of living, etc. , it is difficult to imagine that workers of the modern sector (generally more protected than the those in the informal sector) are safe from a lack of job security. This is at the origine of the idea of there being several kinds of job insecurities in Sengal, among others "formal" and "informal". What singles out our approach of the lack of job security is that it seeks to superpose the objective dimensions of the issue (professional instability, professional dissatisfaction, etc. ) to the sunjective dimensions (perception, feeling of precariousness)
Moreau, Marc. "Recherche sur l'autonomie normative des partenaires sociaux : L'interprétation des conventions collectives en droit québécois et en droit français." Paris 2, 1994. http://www.theses.fr/1994PA020140.
Full textChampagne, Guy A. "Les modes alternatifs de règlement des litiges individuels du travail." Versailles-St Quentin en Yvelines, 2008. http://www.theses.fr/2008VERS006S.
Full textAlternative dispute resolution for individual labour cases are developing in most labour disputes. Labour law has accepted negotiated resolutions but imposing at the same time a restriction on possibilities of a conventional solution during the contract of employment and on the opposite allowing an absolute freedom to negotiate when the contract is breached. The challenge is to keep the guarantees of state justice with the combination of the best conventional solutions
Nononsi, Aristide. "Tendances et caractéristiques du droit du travail maritime en Afrique noire francophone : l'exemple du Cameroun, de la Côte d'Ivoire et du Sénégal." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40009.
Full textChekli, Nadia. "Le juge du litige international du travail." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40029.
Full textBarret, Emma. "Les modes alternatifs de règlement des conflits en droit du travail." Bordeaux 4, 2006. http://www.theses.fr/2006BOR40024.
Full textTricoit, Jean-Philippe. "La médiation dans les relations de travail." Lille 2, 2006. http://www.theses.fr/2006LIL20017.
Full textDoctrine traditionally attributes to the mediation process the function of conflict resolution. That labor relations is included in this classic conception is all the more comprehensible in that, historically, it was in this realm that conflict resolution was first employed. Thus mediation was initially introduced as a method of settling certain collective labor disputes in French labor law in the Act of 5 May 1955. Since then, increased amounts of new legislation for the use mediation in labor relations have been implemented. However employing mediation for all these other issues led to the development of mediation as a form of conflict resolution exclusively for labor relations. Hence the objective of the current study is to highlight the two functions of mediation in labor relations
Camart, Nicolas. "La médiation, instrument de pacification des relations de travail." Toulouse 1, 2007. http://www.theses.fr/2007TOU10061.
Full textMelot, Romain. "Entre contrat et procès : enquête sur les transactions entre employeur et salarié." Cachan, Ecole normale supérieure, 2003. http://www.theses.fr/2003DENS0037.
Full textMonnot, Maurice. "Les procédures extra-judiciaires de règlement des conflits en droit du travail." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020085.
Full textLabor law aknowledges for a long time amicable settlement procedures of labor disputes: conciliation in labor courts and mediation in harassment cases for disputes between an employer and its employees ; conciliation, mediation and arbitration in case of strikes. All of them failed and their reform must be studied: compulsory mediation for employees and unions, mandatory industrial peace and the creation of a public service in charge of labor conflict resolution are some of the options explored. These procedures require to respect several essential guarantees. The person in charge of the procedure must be independant, impartial and competent in both labor law and dispute resolution. The procedure itself must guarantee the confidentiality of the discussion and the documents communicated, take place during a limited amount of time to preserve the right of access to a judge, and have a non-dissuasive cost
Mariani-Riela, Marie-Christine. "Le règlement amiable des entreprises." Nice, 1991. http://www.theses.fr/1991NICE0018.
Full textLanthier, Riopel Camille. "L’accommodement en milieu de travail québécois des personnes souffrant d’un problème de santé mentale." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40100.
Full textLopez, Benoît. "Les clauses sociales : contribution à l'étude des rapports entre le droit du travail et le droit international économique." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2067.
Full textThe function of international economic law is to regulate international economic flows. The latter stems from the long-standing will of nations to establish, in the global economy, a set of rules capable of structuring their relations. As a result of the latter, trade, investment and capital movements were gradually becoming facts, economic realities captured in legalqualifications. However, one of the major difficulties, which fuels these controversies, lies in the relationship of international economic law with other branches of law, which are also called upon to structure the market legally. In the implementation of its norms, international economic law is indeed called upon to come into contact with many branches of law. However, it is remarkable that, overall, they do not play a comparable role. While some sets of rules appear essential to ensure the functioning of a globalised economy, others maintain more relaxed relations. For the purposes of our research, it is therefore necessary to identify the nature of the links that exist between labour law and international economic law. While the connection of these two branches has led to the development of social clauses, it has not, at present, led to any real change in international economic law. Failing this, some of the irreducible characteristics of labour law continue to limit the fertility of their relationships. For all that, the existence of this connection makes it possible to envisage, for the future, a deepening of relations between these two branches by hitherto unexploited ways. Far from being a pipe dream, the emergence of new synergies between international law and labour law seems conceivable in the light of the legal reception of the concept of sustainable development. A profound change in the relationship between these two branches of law is already apparent and could continue. The explanation of the decisive influence of the concept can be sought in its positioning with regard to transnational economic activities. The latter projects itself on the repercussions and not only on the development of the economy. In doing so, sustainable development presents itself as an alternative way to think and evaluate growth.With regard to the contribution of international economic law to the application of labour law, this change of perspective is decisive. It leads us to see the former as a tool for disseminating the latter. This relationship can be deduced from the interdependence of the pillars that underpin the concept of sustainable development. The interweaving of the social andeconomic pillar calls for economic growth to be considered only on condition that it can, among other things, satisfy social sustainability implying respect for labour law. The existence of this synergy is also indicated by the adoption, in the name of sustainable development, of new social clauses.Sustainable development also augurs well for the evolution towards greater consideration of labour law in view of another of its particularities, its position in the legal field. Indeed, it emerges from the proposals of the doctrine as much as from interpretations coming from international contentious bodies that sustainable development is likely to ensure a role ofconceptual matrix. As such, it is capable and could in the future lead to interpret international economic law by also taking into account the respect of labour law precisely with regard to it contribution to the search for sustainability
Bitsamana, Hilarion Alain. "L'ineffectivité du droit du travail à l'orée de la réforme OHADA." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0016/document.
Full textThis thesis is a compendium of various of rights which are currently victims of African workers by their employers despite various legislations in the work that exist in all states parties ; to the point where they appear to live another operation after slavery and colonialism. They live poverty on a daily basis. These evils are recognized both in the individual employment relationship as in public reports. This is how some employees are recruited following tests of complacency, if not corruptly there, without a working document ; others work for years to collect wages, without bonus, without leave, in terrible working conditions. As for collective reporting irregularities, to better trick these workers are excluded from the management company born with the right of expression or of the right to participate in the performance of the company still less than exemplary collective representation by the staff representatives and trade unionists. In case of dispute they have virtually no state protection by labor inspectors and judges. So out of this acute crisis in the sector private work that wreaks havoc for many years after independance, well there is a view through the OHADA reform, national and international authorities to ensure the correct application of the right to work by taking the measures that are necessary. Otherwise the reform of the labour law envisaged by the OHADA of the Right Business is also doomed to failure
Belaïdi, Rabah. "La résolution des litiges disciplinaires en droit du travail comparé (France-Québec) : contribution aux modes alternatifs de règlements des conflits." Paris 2, 2003. http://www.theses.fr/2003PA020081.
Full textOlszak, Norbert. "Mouvement ouvrier et système judiciaire (1830-1950)." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30004.
Full textRight from the beginning, the french workers' movement has to face repression. Consequently, it perceives negatively courts, judges, lawyers and the law. This leads it to deny the interest of the judiciary in the ideal society of the future: besides, reasons for conflicts having dissapeard, an institution having to settle the disputes is not necessary any more and, temporarily, are only being admitted treatments for offenders and amicable proceedings for the residual disagreements. This preference for arbitration -a private and fair institution- also appears within the context of the workers' custom (the organization of unions) and the labour experiences (phalansteries, etc. . . ); But the results are disappointing for, here again, this justice is often only a covering for the political power. While working at the society of the future, the workers' movement also has to defend its members. Within the years of controversy -1884-1920- the do- minating theory is that of direct action associated with proletarian violence. But some militants show that the judicial action can also be direct, and union services spread out at the same time as the social law. Yet, the col- lective dimension of the workers' movement is not recognized by the indivi- dualistic justice. Arbitration would make the introduction of workers' values possible, but it is perceived as a means prohibiting strike, which condemns it; in fact, the unions only use it to force negociations. The only way of meeting has then been the "conseils de prud'hommes", a marginal element of the judiciary. They could become important mostly because of their structuring role, with the elections. Yet, the attempts to continue the class war there, with the imperative mandate, have failed: to defend the institution, workers had to practise conciliation, the best means to solve the disputes between militants and minor employers and to avoid the injustice of the law and the interference of lawyers
Samb, Seynabou. "Le droit de la commande publique en Afrique noire francophone : contribution à l'étude des mutations du droit des contrats administratifs au Sénégal, au Burkina Faso, en Côte d'Ivoire et au Cameroun." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0326/document.
Full textCaught between the new reality of legal globalization, community integrationrequirements and the political, economic and social constraints of each state, the regulation ofadministrative contracts in French-speaking African countries has changed. The sources of suchregulation have been expanded. Its conceptual and material foundations have changed. A newsystem of public procurement has emerged. Trying to renew principles of transparency, as wellas freedom of acces to public procurement and equality, the new public procurement regulationprovides a body of common rules for public procurement, public service delegation contractsand public-private partnership contracts.First, in order to achieve this, it relies on a new interpretation of the notions on whichAdministrative Contracts Law is based. Second, the new public procurement regulationrepresents a recasting of award procedures, control mechanisms and dispute resolutionmeasures. The emergence of these new regulations follows reforms of Administrative ContractsLaw in the respective countries.The objective of this study is to analyze the actual contribution of provisions flowing from thesereforms, in order to see if they are contributing to ensuring that competitive ideology isincreasingly effective
Diouf, Birame. "Les Responsabilités à l'occasion des conflits collectifs de travail : une étude du droit sénégalais des conflits collectifs à la lumière du droit français." Thesis, Cergy-Pontoise, 2010. http://www.theses.fr/2010CERG0488/document.
Full textThe Former French colony , Senegal following the example of many of the other countries of French West Africa ( AOF) underwent the influence of the French law.However, after the independences, the young African States, although being always inspired by this common inheritance which establishes the French law, tried to build their own legislation by taking into account sociological, political, but especially economic contexts. So, in Senegal, the legislator, under pretext of the local realities, but also the necessity of the development, established a law of the collective working relations generally, and the collective conflicts of the work in particular, based on a rather particular conception of the trade unionism, which aims at stressing their responsibility (without hidting that of the strikers) and which finally, ends in a limitation of the right to strike, which we shall judge. So, we have to admit that today, this right Senegalese of the collective conflicts cuts on several points with the French law.The study of the responsibility on the occasion of the collective working conflicts allows us to draw up the balance sheet, to see what stays of this legal inheritance which establishes the French law, and in which measure he can always establish a reference for Senegal, considering the aimed objectives and especially considering the inevitably different context in which practice the collective conflicts of the work
Mabanza, Aubin N'Semy. "Contribution à une réflexion sur les fonctions du juge en Afrique francophone, à partir du contentieux des litiges individuels du travail : approche comparée Cameroun, Guinée, Mali, R.D.Congo, Sénégal." Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0329.
Full textThe functions of Judge in the Five Africa French speaking countries studies are made possible by the recognition of a special status, which allows Judge to decide, especially in the individual labour disputes that are referred to his office, and generally by delivering judgments. In practice, however, certain factors make it difficult to perform the Judge's duties. What the reasons and causes of such a finding are? The answer to such a question requires a reflection through and comparative analysis of the laws in force in Five countries, which deserve special attention: Cameroon, DR Congo, Guinea, Mali and Senegal. A study of Judge's in these countries shows that their legal systems are experiencing points of similarity but also divergences due, especially to their colonial histories. Indeed, even if the transposition of the model of the "Judge and functions" has been imposed and has eliminated customary Courts, it continues to pose difficulties especially in treatment of individual labour disputes. Despite the supposed "common" characteristics, the ways of organising judicial administration vary widely in the Five countries. More fundamentally, the comparative approach emphasises how socio-cultural realities continue to influence the direction and implementation of functions of Judge, especially when intervening in individual labour disputes
Tampere, Klaas. "Le traitement juridique d'un fait de dopage." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD046/document.
Full textWhen the professionnal sportsman carry out his activity as an employee, he should have a classic work contract subject to the ordinary law. However, the specificity of the sports world further complicate the contractual relationship that the sportsman can have. Indeed, the discontinuity of the contractual relations, resulting of the players’ transfers and loans, or the rules governing sport implimented by the sports authorithies have forced the legislator to adapt himself and to take in account the uniqueness of the sports world. He thus incorporated, through the law of 27th november 2015, a specific fixed-term contract for the professionnal sportsmen and trainers which has put an end to the legal uncertainty. But the specificity of sport is also linked to the delicate balance existing between the purely sporting rules and the state legislation. The anti-doping regulation is a good example of this because it is intended to apply only in the sports world. Therefore, to preserve the fairness during the sport events, is was necessary to define the notion of doping but especially to make the fight international by forcing the different states to adopt the regulations into their legislations. The meeting between these different autorities can explain the complexity of the legal treatment of a doping case. Indeed, the professionnal sportsman will face different procedures who can be in conflict with each other. The first one is the procedure held before the federal justice who can pronounce a sporting sanction. The other contracting partners of the sportsman can also introduce an action to obtain redress for the injury caused. Finally, it is necessary to take in account the possibility that criminal proceedings are taken against the sportsman who is guilty of a doping case
Bou, Orm Mayassa. "Accélération des projets de fabrication et modélisation de l’impact de la main d’œuvre additionnelle sur la qualité." Thesis, Paris Sciences et Lettres (ComUE), 2017. http://www.theses.fr/2017PSLED084/document.
Full textWe address the discrete time resource-constrained project scheduling problem in which each activity has a specified work content and its resource usage may vary from period to period. We consider temporary work and overtime as additional renewable resources for crashing the project. We assume that the project quality may be affected by crashing as well as its completion time through productivity loss due to overmanning. We develop a Mixed-Integer Linear Programming (MILP) model to minimise the makespan subject to a budget constraint and to acceptable quality levels for all activities so as to avoid rework. The proposed approach is applied to an actual manufacturing project of a very high speed train motor coach
Zoubir-Afifi, Jamila. "Les modes amiables de règlement des différends inter-entreprises : une autre justice ou la justice autrement ?" Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1036.
Full textAs part of the current context of globalisation, the development and promotion of the alternative dispute resolution (ADR) clearly show a new approach in the production of norms, whereby the litigant is positioned at the very heart of the rule of law, and where mutual understanding replaces authority, and discussion and dialogue prevail. While economic time no longer correlates with judicial time in the competitive framework, which by its very nature demands rapid reactions, the ADR process meets concrete corporate needs. At the core of this active and complex process of globalisation, corporations adapt their conflict management strategies through ways which best serve their interests. Risk prevention is a priority, risk management a daily challenge and the adaptation to the evolving context, in space and time, the sign of efficiency of the normative tools used. Thus, ADR and its involvement in the globalisation process, raises anew the issue of the legitimacy of law and court justice. This phenomenon has been qualified as negotiated or consensual justice, but is it at its core a form of justice, even an alternative one? The answer to this question mainly depends on the overall understanding of the ADR phenomenon. That is why this thesis proposes to view it as more than just a simple implementation of a consensual dispute resolution tool as it is often depicted, but more genuinely as the expression of a developing legal order. Approved by its main users, the ADR process has become an instrument of fair and effective justice and has captured the concept of justice in its essence rather than in its structure
Pichette, Audrey. "La procédure d'arbitrage des offres finales : impact sur les négociations collectives locales dans le secteur de la santé au Québec." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/29779/29779.pdf.
Full textPoulin, Hélène. "La suspension et le congédiement sous l'article 59 du Code du travail /." 2005. http://proquest.umi.com/pqdweb?did=1203583141&sid=1&Fmt=2&clientId=9268&RQT=309&VName=PQD.
Full textBaroni, Anne-Gaelle. "L’offre-finale baseball : un mécanisme arbitral particulier et utile." Thèse, 2012. http://hdl.handle.net/1866/10459.
Full textThe following is a case-study about final-offer arbitration. The first objective is to describe the uniqueness of this mechanism in the context of baseball salary-arbitration. The second is to promote the utility of this process, in the context of baseball salary-arbitration. For instance, it advocates for its use to determine appropriate fees to be paid for professional european soccer players transfers.
Dorion, Marie Hélène. "La constitutionnalisation du droit du travail et le pouvoir de réglementation de l’employeur en contexte syndiqué : incidence des libertés fondamentales et des droits à l’intégrité, à la dignité et à la vie privée." Thèse, 2011. http://hdl.handle.net/1866/5317.
Full textIssue : The effects of the « constitutionalization » of labor law on the arbitral review of employers’ regulatory power. Our research consists in evaluating the effects of the « constitutionalization » of labor law on employers’ regulatory power to establish corporate regulation related to work. Our research is limited to the unionized workplace and brings together two concepts: employers’ regulatory power which comes from their management rights and the « constitutionalization » of labor law. Our research concerns mainly the boundaries, both statutory and contractual, to employers’ regulatory power, which boundaries offer a legal framework to the application of said power. With regard to the « constitutionalization » of labor law, our research presents both its substance and effects on employers’ regulatory power. These effects are mainly consequences of the Supreme Court’s decision in the Parry Sound case, stating that every collective agreement benefits from an implicit content including all human rights and employment-related legislation. Thus, our research aims to demonstrate, while observing the arbitral jurisprudence, the extent to which the « constitutinalization » of labor law, in unionized workplaces, can modify the boundaries of employers’ regulatory power since they must now compose with fundamental standards that they have neither negotiated nor established. The central concept of our research is the arbitral review of employers’ regulatory power related to corporate regulation, wherein provisions 1, 3, 4 and 5 of the Charte des droits et libertés de la personne are likely to be found applicable. More specifically, our research aims to classify said arbitral review into two different logics: Logic 1 before Parry Sound and Logic 2 after Parry Sound. Therefore, our main hypothesis is that two logics exist when we refer to the arbitral review of employers’ regulatory power and that, when applying Logic II, the arbitral review is modified since the arbitrators tend to prioritize the compliance of the corporate regulation with the above-mentioned provisions of the Charte des droits et libertés de la personne.