Dissertations / Theses on the topic 'Droit du travail'
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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 textLevy-Amsallem, Judith. "Droit du travail et droits fondamentaux." Toulouse 1, 2006. http://www.theses.fr/2006TOU10022.
Full textAt the very beginning of the 21st century, it seems almost impossible to deal with a legal issue without referring to "fundamental rights" as if such a reference was a "guaranty of legitimacy". Nevertheless, general studies relating to the place and the meaning of "fundamental rights" in the legal system are still rather unusual. Whereas the matter of "law constitutionalization" is regulary studied, the issue of "theorization of fundamental rights" is abandoned, especially by private law. To take part in the enrichment of fundamental rights knowledge, which is essential to a good law enforcement, this study aims at emphasizing the very strong link between fundamental rights and employment law. Employment law conveys a renewed conception of law, which can be called "social conception of law". Expressing the necessity of renforcing the human rights in concrete terms, the social conception of law has legitimated the emergence of fundamental rights. On the one hand, employment law enrichies the triple definition : formal, organic, and material of the fundamental rights and strengthens their legal theory. On the other hand, the fundamental rights are behind not only the development but also the transformation of employment law. They irrigate the law of working relation as well. The data revealed by the study of the interaction between employment law and fundamental rights allow to confirm the existence of a genuine juridical independent category, and beyond, lead to the emergence of a law of fundamental rights
Meyrat, Isabelle. "Droits fondamentaux et droit du travail." Paris 10, 1998. http://www.theses.fr/1998PA100093.
Full textDurlach-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
Minasian, Ani. "L'individuel et le collectif : essai en droit du travail." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0044.
Full textSet of rules relating to subordinate employment, labour law now grants significant importance both to the employment contract and to individual rights, as to groups of employees, particularly through union and elected representation. Many authors consider that the individual and the collective form the main division of labour law. A study of this branch of law confirms the importance of legal categories constructed on a distinction between the individual and the collective. However, as used by the legislator or judges, the terms ”individual” and ”collective” do not always have the same meaning. After analyzing the functions and criteria of the distinction between the individual and the collective in positive labour law, we propose a systematization. According to this systematization, the individual refers to what relates to the employee primarily considered as a party to the employment contract. The collective refers to a group of employees that are either united by common professional interests which expression and defense are permitted by law, or simply bound by the same objective situation to which legal effects are attached. Thus conceived, the individual and the collective do not correspond to two strictly compartmentalized blocs. This thesis therefore also seeks to analyze their interaction in labour law. It notably demonstrates that some rules address the competition between the individual and the collective, while others organize their complementarity. The ultimate goals pursued by such rules are also examined
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 textGuardia, Philippe de. "L'abus en droit du travail." Montpellier 1, 1988. http://www.theses.fr/1988MON10042.
Full textDrai, 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
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
Noisette, 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
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
Dedessus-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
Bugada, Alexis. "L'avantage acquis en droit du travail." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32003.
Full textThe notion of accrued benefits is an ambivalent one and occasionnally likes to the vested rights. Its calls for the use of complicated procedures. Several mechanisms governing its creation and defending its preservation militate against its precarious nature. Among these mechanisms which create these benefits, the idea of social public policy encourages the developpement of multiple sources of benefits, especially at the firm level. In the case of multiple sources of benefits, those most favourable to the employee must be applied the accrual of benefits is depend upon the enforcement of this "most favorable" rule and enables the emergence of a very interesting employee status that needs to be strengthened. Individuals rarely renonce these rights. Occasionally, in collective bargaining situations, employee as a group will agree to renonciation in exchange for something else in favor of the job but this raises considerable difficulties. When a juge has to decide wich benefits are the most favorable will he compare them globally ? if the answer is affirmative, some benefits might disappear unnotice. Nevertheless, the use of unforseen circumstances is no use to employers seeking more flexibility. The principle forbbiding retroactivity permit the rule to be strenthened. Finally, many conservatives forces act against the disappearance of accrued benefits. Each source of rights (contract, collective bargaining agreement, statute. . . Has its own rules concerning modification. The employment contract is a very good mechanism to protect accruded benefits, especially wages which are sometimes incorporate into from, for instance, collective bargaining agreements. Taken as a whole, the spectre unemployment accentuate the conflicting argument which places in opposition the rights of employees and management's right to control
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
Gaullier, Jean-Michel. "L'Interaction des droits individuels et collectifs en droit du travail." Grenoble 2 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb375980469.
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
Thomas-Tual, Béatrice. "Droit de la fonction publique et droit du travail." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37619003s.
Full textCourtois-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
Majdak, Véronique. "L'utilisation des "principes généraux du droit" en droit du travail." Nice, 1993. http://www.theses.fr/1993NICE0029.
Full textDonnette-Boissière, Anaëlle. "La contractualisation en droit du travail." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10032.
Full textContracting is an often met trend in several fields of law and this PhD work aims at checking its relevance and making its impact clear in labour law. Contracting is the expression of a dynamics of creating a standard by contract and covers two facts in labour law. First of all it means contracting in individual relationships at work. The standard position of individual employment contract has to be reevaluated, especially under the spur of legal precedents. It has to be done because contractual standard has been developed compared with statutory standard and the employer's power. However, it seems that this dynamics has reached its maturity and besides, it is important to accept its limitations and supervision, considering that the first aim in labour law is protection, which must be guaranteed. Yet, contracting also means contracting of labour law. So, the standard function of collective agreement goes through a deep change. There is actually an increase of conventional standard facing state standard. This real and powerful dynamics should benefit from a better understanding and a proper control. Its legitimacy and pereenniality depend on it
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
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 textBouchama, Nadia. "La recodification du droit du travail." Bordeaux 4, 2007. http://www.theses.fr/2007BOR40041.
Full textThe recodification of the Labour Law is the privileged moment to carry out a thorough thought on the matter and the method of regulation. The Labour Law has suffered for the few past years of a very important legislative inflation. This texts increase has made consequently both the reading and the understanding of the labour law even more complicated and breaches the new constitutional requirements of clearness and intelligibility. This recodification of the Labour Law is particularly huge because of its particularly various sources but the 2007 governmental chose the recodification of the Labour Law Act because of the restricted way to create officially any regulation which is called "de droit constant", with its advantages and inconvenience, that is why we shall reform. This method of recodification presented in our study implements rules of legistic which tends to improve the lack of legislative mission statement. It also tends to improve the existing techniques of regulation in order to ensure a concrete efficiency of the Labour Law Act for any user
Neiss, Philippe. "Le silence en droit du travail." Strasbourg, 2009. http://www.theses.fr/2009STRA4023.
Full textFor some specialists of law, silence is nothing and has no effect. The study about the notion and the role of silence, specially in the labour law, shows the opposite. First, the analyse of the notion of silence in cognition pragmatic shows that silence, absence of language, can serve the communication. In law, the juridic act must be analysed as a communication act. In consequence, silence is not necessarily an obstruction of a juridic act existence. The judge, limited by the law, interpretes the silenced attitudes in order to find the expression of a juridic act. In labour law, the interpretation of employer and employee's attitudes has some specificities. Secondely, silence plays an important but ambivalent role in labour law. In the construction of a system of norms, silence can permit or forbid the application of an other norm. It can also permit or not the derogation. That is why silence is a factor of the complexity of the norms system. Silence can also be an obligation for employer and employee. It can be obliged or forbidden. By that way, silence participates to the importants evolutions of labour law: developpement of the collective negotiation and the participation of employee to the decision about the firm, « proceduralisation » of law, protection of the fundamental rights of employees
Carsin, Xavier. "La renonciation en droit du travail." Paris 1, 2006. http://www.theses.fr/2006PA010252.
Full textMénager-Sibé, Séverine. "Le droit du travail en Russie." Paris 10, 2004. http://www.theses.fr/2004PA100166.
Full textLouis, Joanes. "L'émancipation du droit du travail calédonien." Paris 13, 2013. http://scbd-sto.univ-paris13.fr/secure/ederasme_th_2013_louis.pdf.
Full textThe law of the Overseas is a discipline that most often concerns the public law specialists. Their interest for that discipline began in the 17th century and helped the metropolitan State to implement a policy to conquest the overseas territories. Early, the researchs led by Professor Gonidec, Luchère and Lampué showed the limits of the United State used by France as constutional organisation, due to the great distance between all those territorites, and the historical, cultural and sociological differences with the natives. The labour law emanciaption seems to have no link with the public law. It is normally a part of the private law. But in the caledonian situation, that principle is not that right because of the importance of the researchs from the public lawers. In fact, New Caledonia is considered as a "sui generis" entity since May the 5th, 1998 and started then an independence process. The independence process is divided in 2 parts. First, the metropolitan State transfers a set of powers to the local authorities. Then, a referendum is set up to ask if the caledonian citizens want the metropolitan State to transfer the sovereign powers (army, foreign policy, justice. . . ) to New Caledonia. In this process, the article 21 of the organic Law of march the 19th, 1999 gave to New Caledonia an exclusive jurisdiction for the labour law, so that the metropolitan State do not participate anymore in the making of the caledonian labour law. My thesis will be focused on the labour law of New Caledonia, but not only on that transfer of jurisdiction that can’t describe the reality of that situaiton. That’s why the word “emancipation” is more convenient because there are actually two different realities linked to the labour law in New Caledonia. The first one is related to the independence that lead to a summa divisio of the normative power inside the local labour law: the metropolitain Statekeep the exclusive jurisdiction to determine the Jus commune, and the local power can fix the Jus proprium. The second one is the independence that lead to an exclusive jurisdiction to set all the rights related to people of the territory. In the wo cases, there are two problems. The first problem is a doubt about the institutions of New Caledonia in the future. The second problem is about the method: can we use the comparative law method even if New Caledonia is, for some specialists, still part of the French Republic despite the special status given by the article 76 of the Constitution ? It seems that the comparative law method is necessary because there are some similar points between the metropolitan labour law and the caledonian labour law. To conclude, because that emancipation of the labour law, it is possible to bring out how complex is that territory, where the identity question is very important. But, in the opposite way, it is probably thanks to the labour law, that needs the oppositions to maintain a permanent contact and discuss to keep the social peace inside the companies and in the all society, that New Caledonia will be able to find how could be its institutional and social systems in the future
Houerrou, Delphine. "Le droit du travail et l'argent." Paris 2, 2001. http://www.theses.fr/2001PA020030.
Full textBocquillon, Fabrice. "La dérogation en droit du travail." Université Robert Schuman (Strasbourg) (1971-2008), 1999. http://www.theses.fr/1999STR30001.
Full textDerogation accumulates most of the criticisms directed against labour laws. It seems to be a dominating class instrument, which would serve company's interests without regard for those of employees. This is the way derogation in labour laws is presented since few years ago. This proposal is although subject to some reserves. Derogation, traditionarily conceived as a contents, more or less favourable to employees, attracts nowadays our attention to its proper sense. As a result of our previous observation, we make the distinction between the derogation act as a legal procedure and the derogating norm resulting. Derogation is neither a contents nor a particular legal source. It is an instrument of norm articulation which tends to substitute a different norm to the one normaly applicable. This procedure makes norm more effective not only because its contents is more adapted but also because the result of the procedure is a negociated norm. But, in doing so doesn't it transform industrial law functions ? Conceived as the substitution of a different norm which doesn't tend to achieve the amelioration of employee's conditions, il would destroy the foundations of industrial law. This is the reason why law is interested in establishing a few limits concerning derogating act in order to compensate the inconvenience caused by its use. But, in doing so the legislator is confronted to a couple of difficulties : in the one hand to assure the derogation's efficacy and on the other, to guarantee workers' interests
Peskine, Elsa. "Réseaux d'entreprises et droit du travail." Paris 10, 2004. http://www.theses.fr/2004PA100129.
Full textCornesse, Isabelle. "La proportionnalité en droit du travail." Montpellier 1, 2000. http://www.theses.fr/2000MON10047.
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 textCanut, Florence. "L'ordre public en droit du travail /." Paris : LGDJ, 2007. http://catalogue.bnf.fr/ark:/12148/cb41070991p.
Full textRanc, 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
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
Ilieva, 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
Moustié, Jean-Baptiste. "Droit et risques psychosociaux au travail." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0266/document.
Full textThe concept of "psychosocial risks at work" gathers several work-related suffering risks. These risks are, at the same time, related to the generating acts of pain and to the expressions of suchpain on employees’ health. Despite its formulation, this concept refers to events affecting both mental and physical health of workers. Such affecting events share the same social ground. Indeed, psychosocial risks are mainly caused by the companies’ organization themselves, management methods or harmful relationships. Even though the expression of psychosocial risks was formerly developed out of the legal environment, it is now generally used in law to deal with issues of health and safety at work. However, the comprehensive understanding of such risks is not yet obvious from a legal perspective. These are complicated to define and delimit, tinged with subjectivity and unlikely to be understood in light of the employment law history. However, law is increasingly taking into account the different dimensions of the workers’ individuality. Also, if the psychosocial risks fail to be recognized, so far, as an independent and entire legal concept, both laws (domestic and international) and case law are more and more referring to it. Therefore, measures and legal solutions applicable to the working relationships in private companies enable to prevent such risks, punish or compensate them. As such, a wide range of people, whether related or not to the company, are able to duly face these factors
Claude, Nadège. "La variabilité du droit du travail." Phd thesis, Angers, 2010. https://theses.hal.science/tel-00579595.
Full textThe study of the variability of labour law consists of measuring the ability of this discipline to transform itself according to economic, social and political development. In this discipline, the legislator tries to meet the expectations of French society, but his initiatives remain particularly ineffectual to achieve full employment. From the 1980s, he was blamed for troubles questioning his legitimacy to balance the power struggle that occurs within the employment relationship. In general, rulemaking methods are lead astray causing a change of the role of the players: the government exceeds its field of expertise, the judge tries to create standards, in case the legislator himself does not encourage management and labour to negotiate. Work contract is not spared from this variability of norm making modes. This makes the implementation of labour law rules difficult. Each player is in the position to modify the area of public policy. The conventional hierarchy of norms, already hindered by the appearance of the favour principle, is even overturned by the conclusion of socalled derogation agreements. Contrary to such a pyramid system in decline, another legal system would appear and consider the effects of economic globalization. From now on the company is more reconsidered in its international, and especially financial, dimension. However, an exclusively global approach is not sufficient to reflect the local corporate culture. Awareness appeared for example directed at a stronger liability of the employer and its employees, as well as the States who are encouraged to enforce uropean and international standards. Hence the temptation to conceptualize the marshalling of labour law rules under the term "glocalization"
Claude, Nadège. "La variabilité du droit du travail." Phd thesis, Université d'Angers, 2010. http://tel.archives-ouvertes.fr/tel-00579595.
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
Saint-Didier, Claude. "Droit du travail et droit des obligations : étude d'une opposition." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32004.
Full textLabour law and the law of obligations are linked. There is a permanency of the law of obligations in labour law. The precise area is however not clearely defined. Labour law develops through various devices a principle of distanst. By analysing the devices, the existence of a principle of distanst can be verified and ascertained reasons for this situation : a conflict of logic. Over the years it has become in essence an internal opposition within labour law concerning the future of the latter of this one. This opposition based as it is an inherent logic poses the question of the interpretation of the law
Rieu, Alexandrine. "Le droit du travail et les concepts de droit administratif." Cergy-Pontoise, 2006. http://www.theses.fr/2006CERG0288.
Full textA significant influence of some administrative law concepts can be observed in the field of paid employment relationships: "le privilège du préalable" or the administrative prerogative to render enforceable decisions, the concept of power, the principle of proportionality, "Ia théorie du bilan" when the judge balances the usefulness of a situation against its actual drawbacks, the status, the civil liberties etc. This relative absorption of labour law by administrative law could be explained by the extra-contractual dimension of the employment relations: on the one hand, the employers' prerogatives are not limited to those a contracting party can exercise over the other one while, on the other hand, the relationships between employers and employees take on a collective dimension. Even though the French legal system is entirely based on the fundamental summa divisio between public law and private law, this assertion is challenged when you put both labour law and administrative law in perspective. These two branches of law are far from opposing and rather improve one another