Dissertations / Theses on the topic 'Droit du travail – Sources'
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Scaglia, Mathilde. "Contrat de travail et sources du droit." Thesis, Orléans, 2015. http://www.theses.fr/2015ORLE0002/document.
Full textEmployment law is characterized by questions related to the relationships between its sources, at the core ofwhich the employment contract is placed. If the relationships between norms usually mean hierarchy, it is notthe same concerning employment law, due to its own mechanisms. Once the hierarchical system put aside,the question of phenomenons proper to employment law can be asked, related to the numerous potentialinteractions between the employment contract and the other sources of law. As autonomous dynamics,separate from the hierarchical system, the phenomenons of the influence on the sources of law, and of theopposition of the employment contract to the other sources, represent a new relationship between thecontract and the other sources. The first one, the influence on the sources of law, allows the modulation ofthe contents of the contract, as well as the regulation of the execution of the contract. The second one, theopposition of the employment contract, deals with the derogation and the modification of the contract.Considering the requirements of legal security and work flexibility, what is at stake in this study on therelationships between the employment contract and the other sources of law, is on one hand, to understandthe evolutions of the contents of the employment contract, and on the other hand, to measure theconsequences of those relationships concerning employment disputes
Jeansen, Emeric. "L'articulation des sources du droit : essai en droit du travail /." Paris : Économica, 2008. http://catalogue.bnf.fr/ark:/12148/cb41374538m.
Full textJeansen, Emeric. "L'articulation des sources du droit : essai en droit du travail." Paris 2, 2007. http://www.theses.fr/2007PA020052.
Full textMalfettes, Loic. "Le renouveau des sources du droit du travail." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0157.
Full textThe present research finds its origin in a finding of "crisis" in recent years about the way that legal sources are conceived today, as well in a finding of profound evolutions in the more specific field of labor law.The purpose of the study is to identify the salient features of the announced upheaval. It is a question of verifying if the dominant representation of labor law sources leads effectively to an epistemological stalemate. The unthought or anomalies identified will then lead to the exploration of contemporary labor law and its creation processes. It may then, from this anchorage, be considered to propose a theoretical renewal whose ambition is to propose a better apprehension of the reality as it is given to see in this matter
Courtois-Champenois, Estelle. "Le droit du travail américain, un droit de l'entreprise : contribution à l'étude comparée des sources du droit du travail français et américain." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32026.
Full textThe American plant is an autonomous legal order, self-governed, which unifies the law of the workplace. The best interests of the corporation are confused with those of the employer. Unlike French law, it is not a law built on legal tradition. Traditionally, the study of the law governing the American workplace is limited to labor relations law, that is, the regulation of union-management relationships. However, this description doesn't fully refect the ambivalent nature of the law governing the workplace. Neglecting the legal sources that the French law favors, the American law governing the workplace mainly arises out of either the manager's right to control or a collective bargaining agreement negotiated between the union and management. This law is less a " labor and employment " law as understood by the French law than it is a private " of the shop "
Bertin, Boris. "L'usage face au droit étatique dans les relations du travail." Saint-Etienne, 2001. http://www.theses.fr/2001STETT057.
Full textClaude, Nadège. "La variabilité du droit du travail." Phd thesis, Université d'Angers, 2010. http://tel.archives-ouvertes.fr/tel-00579595.
Full textCarillon, Alain. "Les sources européennes des droits de l'homme salarié /." Bruxelles : Bruylant, 2006. http://catalogue.bnf.fr/ark:/12148/cb41141721r.
Full textDirringer, Josépha. "Les sources de la représentation des salariés : contribution à l’étude des sources du droit." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100176/document.
Full textWorkers’ collective representation is guaranteed by several sources of Law: international, European, statutes and collective bargaining. Pinpointing all of them enables a “map-making”. Some sources are to ensure workers’ collective fundamental rights. Some others aim to design workers representation. This « law-mapping » indicates each law’s respective importance. The increasing importance of the European Union law and of the collective bargaining in this matter alleviates statutes’ traditional role. In the same time the increasing role of collective bargaining diminishes management role in this respect. Studying the coordination of the different laws helps to understand their functions regarding one another. It makes possible to identify their purpose. Traditionally, such a coordination aims only to ensures workers’ representation. Now on, this coordination falls within the scope of a « contractualized » and decentralized normative production. Workers’ collective representation is not only a topic illustration of sources of laws mutation, it is also a field to observe the dynamic current of their coordination and interaction
Cerf-Hollender, Agnès. "Le déclin du principe de la légalité criminelle en droit pénal du travail." Montpellier 1, 1992. http://www.theses.fr/1992MON10023.
Full textStudy of the causes and manifestations of the decline of criminal legality in labor criminal law. The principle is affected in two ways. On one hand, weakening of the role of the law with the multiplication of the sources of criminal law. On the other hand, weakening in the "quality" of criminal rule (in the meaning given by the european court for human rights, which can be already founded in beccaria's work), because of an almost systematic recours to the technique of incrimination and of penalty by transfer, which makes the offense less accessible, foreseeable, even less accurate, and, as a recult, does not guarantee a proper juridical security
Riancho, Simon. "Les principes directeurs du droit du travail." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020017.
Full textReference to principles is common in law. Within this broad legal category – which is not wholly homogeneous –, a special attention needs to be paid to guiding principles. After their emergence, in first place in civil procedure, these develop in other branches of law, including in labour law.The rapid and numerous changes in positive law, which apply in this area, do not forbid, within this matter, the identification of stable structures around which rules are established.This ordering of labour law, derived from three framework guiding principles to which thirteen application guiding principles are attached, provides a panoramic view of the “labour law system”. This not only allows a pedagogic presentation of labour law, but also could prove beneficial from a practical point of view.Thus, from the guiding principles of institutional direction, collective participation, and personal security, complemented by the associated application guiding principles, it becomes conceivable to describe the positive law and its transformations, as well as establishing a parallel with the supranational law and the foreign laws.To an extend to be determined, these guiding principles may also be used to participate to the building of labour law. They bring responses to “hard cases” and allow to suggest proposals for prospective labour law. Considering these functions, they understandably give rise to the temptation of codification, to what it is hardly certain that we must succumb
Frouin, Jean-Yves. "Une construction prétorienne du droit du travail : entre protection du salarié et intérêt de l'entreprise." Paris 2, 2009. http://www.theses.fr/2009PA020040.
Full textJulien, Mathilde Jeammaud Antoine. "Le contrat de travail, source d'obligations." Lyon : Université Lumière Lyon 2, 2003. http://demeter.univ-lyon2.fr/sdx/theses/lyon2/2003/julien_m.
Full textJulien, Mathilde. "Le contrat de travail, source d'obligations." Lyon 2, 2003. http://theses.univ-lyon2.fr/documents/lyon2/2003/julien_m.
Full textIn French law, pursuant to article 1101 of the Civil code, an employment contract is defined as an agreement of the wills that results in the creation of mutual obligations. Some of these obligations, whose existence is linked by law or by case law to the legal definition of an employment contract, make up a "legal mandatory content". The content of obligations resulting from this special contract as well as the content of secondary obligations which have been established by the Cour de cassation may be determined with respect of contract law. Moreover, other obligations, set up by contractual clauses, can constitute "specific mandatory content". Indeed, the employment contract leaves the party relatively free to stipulate additional distinct obligations in particular on the part of the employee
Carillon, Alain. "Les sources européennes des droits de l'homme salarié." Limoges, 2004. http://www.theses.fr/2004LIMO0507.
Full textThe influence of Human Rights on Labour Law is still too limited. Yet the European Convention on Human Rights, which was not originally conceived to protect employees, shows itself perfectly adapted to this matter. Also the European Social Charter, a long time unexploited, has been given a new vitality thanks to the institution of collective complaints and the reinforcement of the European Committee of Social Rights. As a consequence, these two instruments can be qualified as European sources of Human Rights of employees. This duality raises problems of implementation which some authors suggest resolving by a fusion. It is however preferable to maontain both sources because they are additionnal and because they each enrich Human Rights. Therefore it is advisable to propose an instituional co-ordination to ensure good communication between the organs of control
Rodière, Pierre. "La Convention collective de travail en droit international : contribution à l'étude des normes juridiques de source professionnelle /." Paris : Litec, 1987. http://catalogue.bnf.fr/ark:/12148/cb349763397.
Full textFrapard, Mathilde. "La protection négociée des droits sociaux fondamentaux des travailleurs : contribution à l'étude des accords d'entreprise transnationaux." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA006.
Full textIn a context of economic globalization, new self-regulation processes have attracted the interest of private actors. lnitiated by transnational companies, these voluntary regulations aim in particular to regulate labour relations and to provide protection of fundamental social rights for workers within subsidiaries. Among these initiatives, one emerged in the late 1980s : the transnational company agreement. Thus, the protection of fundamental social rights is no longer the exclusive concern of States (responsibility), but appears more as belonging to the "social responsibility" of companies via the transnational company bargaining. However, the lack of any specific rules regarding such negotiations leaves some legal problems open. The legal uncertainties related to the transnational company agreements require the clarification of legal concepts and the assessment of the effectiveness of the agreements in the realization of fundamental social rights within transnational companies
Durlach-Vallerin, Émilie. "Droit à l'emploi et droit du travail." Paris 10, 2006. http://www.theses.fr/2006PA100123.
Full textIn France since the nineteenth century, right to work has progressively asserted itself as a counterpoint to freedom of work. Generally conceived exclusively as a social right, that is as a right to something, it is often despised as largely unrealistic. Thus right to work is mainly considered as having no real judiciary effect. Yet, precisely because work is not a good, this reading shall be reviewed. As a matter of fact, German theories over fundamental rights effects allow us to propose a new analysis/reading of the effects of the French 1946 Constitution Preamble on labour law. It thus appears that this right to work has several effects on French labour law. It can therefore be understood as much as a right for human beings to benefit from protection of law against subordination than as a right to access to work. Furthermore, both tendencies are equally influencing jurisprudence and leading towards transformations of French labour law
Letombe, Élodie. "L'abus de droit en droit du travail." Lille 2, 2007. http://www.theses.fr/2007LIL20022.
Full textDespite the absence of a specific, commonly-agreed definition, the term « abuse of process » has acquired a significant place in the French legal system and in its several divisions. The term is often used in the labour law, a highly distinct and singular academic discipline. The latter is a result of the link of subordination that is created by the employement contract, which de facto establishes a relationship characterised by its authority and inequality. The heart of the matter therefore lies in the complex appreciation of the relationship between the labour law and this notion of abuse of process. It is indeed a tool that takes an essential part in the very edification and identity of the subject. Abuse of process thus appears as a dynamic notion, capable of evolving, and which is based on the intrinsic distinctive features of the employer-employee relationship. This characteristic enables us to pinpoint the various elements that make up the definition of the term. In legal law, the abuse of process is a legal standard whose indeterminate content reveals its malleability and pliability. These qualities encourage a well-tailored and finalised use of the notion. Its indeterminate content is then determinable by the identification of its very function in the labour law
Bigiaoui-Duhamel, Léa. "L' abus de droit en droit du travail." Paris 1, 2002. http://www.theses.fr/2002PA010317.
Full textMoizard, Nicolas. "Droit du travail communautaire et protection nationale renforcée : l'exemple du droit du travail français /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, Faculté de droit et de science politique, 2000. http://catalogue.bnf.fr/ark:/12148/cb37640647h.
Full textDrai, Laurent. "Le droit du travail intellectuel /." Paris : LGDJ, 2005. http://www.gbv.de/dms/sbb-berlin/502769610.pdf.
Full textNoisette, Sandy David. "Performance et droit du travail." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0160.
Full textThe polysemy of the notion of performance is linked to the type of rationalities of the legal person referring to it. Its restrictive nature impoverishes the protective function of law and makes the legal and economic orders competitive. The effect is to oppose employers and employees. However, it may seem that labor law enables a connection between the objectives of economic efficiency to those of the security of the employees‘ status. Then, promoting the coordination or even the cooperation at the heart of the employment contract will be open. This consequence enables the introduction of flexibility in work relationships, both collective and individual, while maintaining the main aim of the contractors the contract economic status then benefits from it all. However, in order to limit the risks that the parties concerned may undergo from a deteriorated relationship, the dynamic development of the contract will only be able to happen under the auspices of good faith. Only then can economic efficiency as well as legal effectiveness be the consequences of it. It is still necessary to consider this ideal at the heart of another social reality ; this makes the performance contingent. Its global nature requires soothed relationships in the first place at the heart of the corporate governance, which, as an institution, will see the prerogatives of its organs and the autonomy of the social interest respected. It is then necessary to adapt to a network model of economy, strongly characterized by the triangulation of work relationships
Guardia, Philippe de. "L'abus en droit du travail." Montpellier 1, 1988. http://www.theses.fr/1988MON10042.
Full textDedessus-Le-Moustier, Gilles. "L'amnistie en droit du travail." Rennes 1, 1994. http://www.theses.fr/1994REN11022.
Full textFrom an amnesty law to another, the notion of amnesty gets to the heart of labor relationship inside the firm and this to the the point that the whole firm life is concerned. The field of application of amnesty in labor law appears heterogeneous. It shows polymorphic characteristics the nature of which induces the complexity of a study about the transposition of this criminal law mechanism to labour relationship within the firm. First of all, the use of amnesty in labor relationship consists in covering by omission the different transgressions of criminal law. Secondly, its use consists in integrating the disciplinary sanctions towards wage-earners in private firms. An analysis of the full implications of amnesty in labor law should not rationally be excluded from such a study. Technically amnesty is a fiction according to which the legislator retrospectively removes the punishable side from the acts that have been committed. The presence of general effects materializes through mainly procedure consequences on a criminal level as well as on a disciplinary level. By foreseeing a right of reintegration in
Drai, Laurent. "Le droit du travail intellectuel." Lille 2, 2003. http://www.theses.fr/2003LIL20017.
Full textThe development of sciences, research, media but also leisure during the 20th century proves the interest of intellectual work in today's society. The rise of this new type of work had to have consequences on the Law. Intellectual work has two significant features. In its mode of execution on the one hand, it requires a wide range of freedom grantel to the employees. On the other hand, the result of intellectual work activity gives birth to particular values since they are protected in the name of intellectual properties. The study of the apprehension by the Law of intellectual work reveals the necessity of a multidisciplinary approach. The Employment Law in itself does not really cover the particularities of the relation between intellectual workers and their employers. The rights of intellectual properties is the only resort in order to allow a global approach to this new type of work. As a source of particular values, intellectual work is confronted with the presumption that the employer owes the fruit of a paid work. The solution to this issue stands in the research of a conciliation between the Employment Law and the rights of intellectual properties. The presentation of the " rights of intellectual work " therefore underlines the complementarity of the existing legal mechanismes in the making of new devices
Bondat, Damien. "Droit du travail et sûreté." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0773.
Full textLabour Law and Security Law. Such a subject my startles at first as the links binding these disciplines are not self-explanatory. Yet those links are natural. When Labour Law applies it produces a debt between the employee and his employer. The objective of Security Law is to guaranty a debt relationship. Hence the links binding these disciples are indispensable. The existence of a subordinate relationship between the parties tends to hide the set of obligations that bind them. The employee-creditor is therefore in a posture of weakness towards the employer that owes him a debt. The lawmaker being alive to this problem created the salary’s general preference scheme, then the super-preference and, finally, the AGS. These legal instruments are considered by most common law and Labour Law scholars as constituting the debt of salary (payment) guaranty scheme. Nevertheless, the study of these three mechanisms reveals their inaptitude at successfully insuring the full payment of the employee’s credit. Yet this objective is paramount. It is in the essence of subordinate labour not to make the risks of business undertaking weigh on the shoulders of the employees. It is therefore necessary to identify alternative guarantees that will be successful at reducing this risk. But this undertaking is tricky. Neither Labour Law nor Common Law define the notion of Security. It will therefore be required to refer to the vision Common Law scholars have of Security because it is equivocal. Yet, for a number of reasons, these definitions present many faults and are globally not adapted to the field of Labour Law. The solution will hence be to elaborate a definition of Security that compensates these issues of cohesion and adequacy. This will lead to the proposition of a pragmatic and realistic identification of all securities used in Labour Law. The next step will be to analyse the legal framework applicable to the securities that have been identified. The idea is to figure out what would be the conditions and contexts required for these securities to participate in the greater goal which is to improve the payment of the credit employees have against their employers. The findings are rather uncertain. The newly identified securities fail to significantly complete the protection afforded to employees by the tryptic: general preference – super-preference – AGS. They can nevertheless fulfil their goal in very specific situations. For the remainder, simple and coherent changes to the legal framework of these securities could help improve this result
Garnier, Sophie. "Droit du travail et prévention." Thesis, Nantes, 2017. http://www.theses.fr/2017NANT3023/document.
Full textMeasures relating to occupational health, the obligation of reclassification in the dismissal for economic reasons, continuing vocational training or jobs and skills planning and training, are all means by which labor law aims to prevent the realization of risks in the workplace. Prevention has become a key concept in labor law, without having been subject to analyzes assessing the exact scope. To deepen links between labor law and prevention, a categorization of the main expressions of the labor law in prevention may first be proposed. It highlights the expansion of prevention in the field of labor law. The different risks inherent in the employment relationship are concerned and prevention today move towards consolidation, to determine how best to avoid or limit them. The various legal schemes enabling the implementation of the prevention in labor law can also be explored, as their legal regime reveals a certain unity. It is a right to prevention at workplace that can be identified. Its distinguishing feature is it involvement of different actors in the employment relationship, whose roles are organized so as to ensure effectiveness in prevention at the workplace
Pagani, Krys. "Sport et droit du travail : entre droit commun et droit spécial." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020026.
Full textAs sport specificity has been fading away while developing its economic dimension and adopting a rational economic behaviour, common labour laws and European law have inevitably applied to this sector of activity. Admitting sport special features sometimes leads to the conclusion that an “exception” has to be recognised and that special labour laws emanating from the state must be developed. While such a conclusion is not relevant, a professional law implemented by its actors through national or European collective bargaining (within the state legal frame set up) is, to a large extent, more appropriate. The exclusion of common labour laws or European law is acceptable only if justified by objective and concrete elements. It cannot legitimately be based on “customs”. If the constraints related to sports hazards, sporting fairness or sporting career shortness can be justified by such customs, it is necessary to rigorously appreciate and strictly measure their effects on employment and working conditions. The residual distinctive identity of an economic activity provides no justification for excluding it from the application of common labour laws or European law. The application of certain state rules and laws to sport reveals some normative articulation issues, in particular in relation to conflicts arising with sporting rules. However, in such a game, common labour laws and European law often win. Neutralizing the boundaries drawn by the sports community, in particular between amateur and professional sports, they succeed, through their judges, in having their requirements prevailing
Thomas-Tinot, Gaëtane. "Les sources du droit médical." Rennes 1, 2004. http://www.theses.fr/2004REN1G002.
Full textBorn from the conjunction of law and medecine, medical law results from the catch in consideration of an occupation by the official law. The study of the sources of medical law makes it possible to measure the influence exerted by the instruments that the legal system founded in order to officialize standards on the whole of the legal rules determining rights and obligations of the doctor, in achievement of his professional acts. Professionnal law by nature, medical law profits from his " juridicisation ". Deontology, uses and codes of practice have authenticity thus legal. The problem is when law brings to the occupation of the doctor, of the new standards resulting from foreign considerations to the profession. The analysis of the sources of medical law reveals a change of the professional exercise towards an increased protection of the patient's rights
Gerry-Vernieres, Stéphane. "Les "petites" sources du droit." Paris 2, 2010. http://www.theses.fr/2010PA020115.
Full textGranier, Cécile. "Les sources du droit financier." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3039.
Full textIn financial matters, the general theory of the sources, which is the key understanding of the law and the legal system, does not appear to be fully operative. The institutions usually identified by the classical presentation of the sources of the law within the national legal systems and the European Union - legislative, executive and judicial institutions - are not the only entities involved in the establishment of the financial legislation. In this configuration, it is necessary to confront the classical presentation of the law with the production circuits of the financial legislation. The comparison between the traditional scheme of the sources with the modes of production of the financial legislation reveals the singularity of the financial legislation. The authors of financial legislation seem to distant themselves to some extent from classical sources of law. Original authors work along with classical sources on the conception of the financial law. This includes national and European regulators, market infrastructure managers and professional associations. The intervention of such entities is justified by their ability to respond more effectively to the characteristics of the financial markets. The interaction between these original authors and the classical sources of law makes the production circuits of the financial legislation quite singular compared to the classical presentation of the sources. Thus, financial law reveals an adaptation process of the creation of the law in order to take account of the characteristics of the object it regulates. This singularity demonstrates the need for arranging the classical presentation of the theory of the sources and brings new considerations on the recasting of the general theory of the sources
Thomas-Tual, Béatrice. "Droit de la fonction publique et droit du travail." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37619003s.
Full textFont, Nicolas. "Le travail subordonné, entre droit privé et droit public /." Paris : Dalloz, 2009. http://catalogue.bnf.fr/ark:/12148/cb41464650q.
Full textFont, Nicolas. "Le travail subordonné entre droit privé et droit public." Aix-Marseille 3, 2007. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D31.
Full text. The apprehension of subordinate labour by the law is yet another example of juridical polarization. Labour law represents the branch of private law applicable to the relationships that bind a private employer to his emploees. As for the branch of public law, it generally orchestrates the relations between the civil service and civil servants. Although they are opposed theoretically, labour law and civil service law have been built and perfected thanks to a mechanism of reciprocal influences. Considering the fact that a corpus of common rules has been set up, one may think that the juridical condition of civil servants is, in many respects, similar to that of private employees. As a matter of fact, the remaining disparities are more and more questioned. From a sociological point of view, the civil service seems to be a privileged sector, in which the servants are cut off from social realities. From a juridical point of view, public law is witnessing a smear campaign which particularly challenges the validity of the law of the civil service beside the existence of labour law. Subordinate labour thus appears to become a private law concern exclusively. Several recent factors have led to this juridical unificationn: the juridical establishment of the notion of worker, the Europeanization of intern law, the introduction of permanent contracts within the public sector, the emerging idea according to which labour law not only protects workers as much as the civil service does, but also offers a better management of the personnel, etc. Notwithstanding, eventhough the unity of social law may seem ineluctable, it is in fact illusory. Serving the general interest implies the upholding of some specific characteristics within the treatment of the servants who are in charge of its satisfaction, which no privatisation will be able to cancel without totally disrupting what makes French administration so peculiar. In the same way, labour law is undergoing a profound change and takes into account some considerations which are extraneous to professional relations in the administration. Finally, while it seems indispensable to reform the status of the civil service, it is likewise necessary not to do so because one thinks there is just one alternative: the upholding of the status or the privatisation. Indeed, no legal reason except out of date standards commands to exclude contractual tools in the civil service. In fact, as far as the rules applicable to subordinate labour are concerned, the distinction between public law and private law may not be updated but rather displaced. Subordinate work remains and will remain, in the absence of a contradictory political will a concern for both public and private laws
Courtois-Champenois, Estelle. "Le droit du travail américain, un droit de l'entreprise : contribution à l'étude comparée du droit du travail français et américain /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2002. http://catalogue.bnf.fr/ark:/12148/cb38951206x.
Full textBelazzoug, Safia. "De la rémunération du travail, étude croisée entre droit du travail et droit de la concurrence." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD049.
Full textThis study aims to comprehend the nature of the use of labor remuneration by business leaders. The analysis of this element of the employment contract in terms of competition law and labor law reveals that it has become a strategic tool used for purely competitive reasons. The most obvious examples are those of the disorganization of the rival company or social dumping. This fact has been a worrying rise in the EU causing a race to the social lowest bidder at the expense of employees and efficiency of the internal market. Notwithstanding, this pre-eminence rule of competition law, labor law has successfully set limits for entrepreneurs reminding them the crucial nature of the remuneration and all the importance to give it a specific protection. Rebalances then permit to put into perspective the primacy of economic law. It now needs to be encouraged through the adoption of more constraining measures. In this study several measures are suggested. First, the creation of a labor inspectorate specialized in the fight of detachment fraud who would have logistics and sanctions means adapted to the peculiarity of this process. Additionally, based on the given definition of social dumping, to implement a penalization procedure for this behavior. All these recommendations tend ultimately to the emergence of a renewed and balanced interdisciplinary coalition that would benefit both employees and their employers
Zografopoulos, Dimitrios. "La distinction entre travail salarié et travail indépendant en droits du travail français et grec." Université Robert Schuman (Strasbourg) (1971-2008), 2003. http://www.theses.fr/2003STR30005.
Full textThe legal form of subordinate employment contract is the main condition for the application of French and Greek labour laws. We examine the focusing operated in both countries on the subordination concept - as supposing the worker's submission to the direction and control of his employer - for the characterization of the employment contract, by means of the technique of indication clustering, as well as legislative interventions concerning the determination of the quality of wage-earner, which are manifesting extensive or restrictive tendencies of the scope of labour law. It stands out that the dilution of subordination does not result in erosion of the category of wage-earners, provided that courts take effectively under consideration the relativity of the subordination criterion. However, the core objective of protection of workers cannot any longer be based on an absolute opposition between subordinate and independent work, but it bas to aim any human being at work
Meyrat, Isabelle. "Droits fondamentaux et droit du travail /." Villeneuve d'Ascq : Presses Univ. du Septentrion, 2001. http://www.gbv.de/dms/sbb-berlin/339658495.pdf.
Full textCanut, Florence. "L'ordre public en droit du travail /." Paris : LGDJ, 2007. http://catalogue.bnf.fr/ark:/12148/cb41070991p.
Full textCros-Courtial, Marie-Louise. "Travail et handicap en droit français /." Vanves : Évry : Centre technique national d'études et de recherches sur les handicaps et les inadaptations ; diff. PUF, 1989. http://catalogue.bnf.fr/ark:/12148/cb35044603j.
Full textIlieva, Valéria. "L’exigence d’objectivité en droit du travail." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100120/document.
Full textAny employer’s decision has to meet the requirement of objectivity, implying that his power cannot be arbitrary, i.e. the employer is prohibited to base any decision on his own personal views. Thus, the employer has to base each decision, outside his discretionary power, on provable factual premises. The objectivity test applies to vocationnal assesment, dismissal, and differenciation between employees. However, the objectivity test is ambivalent as some employers exploit this requirement to restrict employees’ fundamental rights in the name of the company’s interests or some other specific interests. This is all the more easy as judges’ control on employer’s objectiveness is rather loose. Therefore, employers’ staff management have to be scrutinisied on some other legal grounds. On the whole the objectivity test has rather a relative importance
Clément, Emmanuelle. "L'établissement distinct en droit du travail." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20026.
Full textThe separate establishment has become an unavoidable concept in the life of the companies and a recurring notion in the legal texts and the jurisprudence. In the simplest case, the company has only one work unit, consisting of activities and personnel in one place. The enterprise and the single establishment are then merged. But since it develops a large workforce and its complex structure requires the establishment of a suitable organization, it is dismembered and divided into establishments. The separate establishment then becomes a center of activity of the company geographically or materially isolated. Labor law attempts to seize the distinct establishment in multiple dimensions and does not adopt the same approach depending on the utility that its recognition can bring to the company. The purpose of this research is to grasp the multiplicity of realities encompassed by the distinct institution and to clarify how the legislature and the courts tend to optimize it according to the role assigned to it. Concomitantly, it is a question of verifying the desirability of refocusing the relations of labor law at the level of the establishment rather than at the level of the enterprise and the resulting consequences
Mussier, Aurélie. "Les périmètres du droit du travail." Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0348/document.
Full textLabor law constitutes the seat of a profusion of "scopes", which have been progressing, such that nowadays the notion became a central part of legal discourse: company, separate establishment, economic and social unit, group (in all meanings of the word), industries, geographic area, employment area, profession, inter-branch organization, etc. The first approach shows an explosion, even chaos. Thus far, these various scopes have involved fragmented analyses, because very often, they focus on a particular scope. Hence, it seemed necessary to grasp the notion of “scope” in a global perspective, in order to identify their borders, their places and their functions in the field of labor law, to organize their confrontation and to test the apparent need of this multitude of scopes, both in a theoretical and technical (even practical) perspective. In other words, set the scopes up as object of research was the aim of this work.In this regard, first of all, it was necessary to describe systemic organization of scopes in labor law, in the style of an overall picture. How were scopes institutionalized? Do their functions become confused or do they, on the contrary, tend to distinguish them? This analysis allows to make convincing the opportunity to group the scopes into two categories: those relating to a working community and those which tend to frame a decision-making process. The scopes systemic organization mustn’t hide the dynamics which characterizes them. Therefore, secondly, this research aims to orchestrate a confrontation of scopes, by identifying tensions and interactions generated by the confrontation, but also to detect their transformations – both undergone and voluntary. Hence, one is made to wonder what role does the collective bargaining plays, can play or must play to this regards
Ranc, Sébastien. "Organisations sociétaires et droit du travail." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0194.
Full textLabour law has a longstanding tradition of imposing its autonomy over corporate organizations by either ignoring them completely or by elaborating its own set of rules. This eventually backfired against labour law as it had the effect of strengthening corporate organizations’ freedom to organize. This has resulted in major failure for labour as it has become tributary to corporate organizations. All autonomist aspirations need to be abandoned. Labour law can no longer ignore corporate law regulations upon which corporate organizations are built. The idea is therefore to go from labour law being built beside corporate organizations to building labour law at their sides. The objective of such a methodological approach is to ensure that labour law becomes more effective than it is today when applied within corporate organizations.Mastering corporate law has revealed a new actor within labour law, the majority/dominant shareholder. On the one hand, labour law tries to make him/her/it liable, by either integrating him/her/it in the work relationship through co-employment schemes, or by resting further obligations on his/her/its shoulders such as the “duty” to contribute to the employment saving plan or such as the duty of vigilance. On the other hand, the links between the majority shareholder and the employees need to be rethought. Collective bargaining or (re)discovering spaces where workers and the majority shareholder can meet might strengthen that link
Boyer, Isabelle. "L'avantage acquis en droit du travail." Toulouse 1, 1988. http://www.theses.fr/1988TOU10046.
Full textThe definition of the notion of advantage and of its being obtained shows itself up at the outcome of an analysis of jurisprudence. Legal text exegesis also allows the defining of individual acquired advantage. From a second point of view, it is a question of presenting the outcome of the acquired advantage. Thus the maintaining, the disappearance, noticeably by the substitution by a new agreement, and finally the transforming of the advantage acquired are successively analysed
Delannoy, Le Blan Virginie. "Les plans en droit du travail." Lille 2, 2001. http://www.theses.fr/2001LIL20025.
Full textLabour law appears to be the favourite terrain in the wider field of private law for plan implementation. There are no fewer than twenty nine specific plans. The sheer number of plans to be found in labour law leads the jurist to ask himself if there is a connecting factor which in turn would explain why the one word of plan is commonly used in rules and regulations. It is therefore of interest to establish whether beyond the common appellation of plan it is possible to define what a plan is in legal terms. The outcome of this first query appears to be negative: the word plan does not refer to a singular model of reference which would serve as a standard but to a wide range of concepts. Indeed plans are put together in a variety of ways. .
Coupillaud, Marie-Paule. "La preuve en droit du travail." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40047.
Full textIcard, Julien. "Analyse économique et droit du travail." Paris 1, 2012. http://www.theses.fr/2011PA010317.
Full textBargain, Gwenola. "Normativité économique et droit du travail." Nantes, 2012. http://www.theses.fr/2012NANT4010.
Full textLabour law is often seen as impairing economic efficiency. This statement is established by the economic evaluation of labour law and is based on the economic analysis of law. The legal rules of labour law are evaluated and have to be justified in terms of their effect on efficiency. This economic approach to the evaluation of labour law seeks to impose its own representations. Labour law is founded on a set of beliefs and representations which is changing through the influence of economic categories. This research considers the representations of labour, power, contract and market, that lies at the core of the economic analysis of labour law. We also consider the way economic normativity impacts the representations of labour law. The first part of this research deals with the normative implications of economic analysis for labour law and shows that the rationality of labour law is scrutinized under the scientific categories of economic analysis. The second part focused on the spreading of economic normativity in labour law, in considering the reasoning of the judge and the evolution of the sources of labour law