Dissertations / Theses on the topic 'Travail contraint'
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Courbier, Sonia. "Du travail à temps partiel contraint au temps choisi : au-delà de l'expérience hollandaise." Grenoble 2, 2002. http://www.theses.fr/2002GRE21026.
Full textSelusi, Sophie. "La cession du contrat de travail." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD058.
Full textWithin a propitious legal and economic environment, this PhD thesis sheds the light of a suitableand renewed use of the assignment of contract. The purposes of the mechanism foster itsdevelopment. The lack of definition by lawmakers and judges tends to render such workmandatory. The assignment of contract shall be the operation changing of employer by mutualagreement with the employee without any termination. All operations closed to transfer ofundertaking are therefore clarified. The specificity of employment relationship involves a legalregime ensuring the consent of employee. Establishing a contractual continuum, its usefulness isjustified by its implementation
Diotallevi, Gérard. "De quelques obligations accessoires au contrat de travail." Thesis, Cergy-Pontoise, 2014. http://www.theses.fr/2014CERG0734.
Full textOutside the broadest meaning of law, the desires of the parties are not the only normative source that has an effect on work contracts. Judges authorized by Article 1135 of the Civil Code, adorn it with obligations they create in comparison with similar existing rules. The process is derived from neither interpretations nor presumptive mechanism, but from a completive progression that ends up filling in whatever is missing from the contract or from the law. Relying on a strong requirement of proportionality between the rights of the employer and the obligations of the employee, by analogy, it is born by being dissipated in the working relationship of circumstantial obligations in the interest of better contractual justice
Donnette-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
Gauthier, Walter. "La rémunération du travail salarié." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0189/document.
Full textThe links between remuneration and work seem, at first glance, of an obvious simplicity. However, the specificity of the pay debt and the development of new kind of remuneration complicate strongly these reports. Starting from this observation, it is necessary to focus on the interactions between these two concepts. First of all, remuneration is a legal category and its definition varies according to the rule to apply. The multiple objectives assigned to law remuneration make work a wrong criterion of definition because to restrictive. The need to rethink the definition of remuneration criteria is therefore essential. Remuneration is also the compensation of the main obligation of the employee. Therefore, the way to understand the interactions between the agreed work and pay determines the extent of the right to employee's compensation. The compensation of remuneration is mainly the consideration of the temporal fixed asset of the employee in the service of an employer. Determining the amount of compensation should also be linked to this temporal coefficient. But, changing patterns of pay and the new rule’s organization of working time contradicts this premise. Nowadays, the amount of remuneration becomes more dependent on the performance of the employee or on the economic results of the company that the time spent on hold at the disposal of the employer
Rault, Olivia. "La formation du contrat de travail : essai sur la liberté contractuelle." Paris 2, 1999. http://www.theses.fr/1999PA020061.
Full textPetit, François. "L'après-contrat de travail." Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D039.
Full textIn the present state of french haw, the phrase "apres-contrat de travail" is not used to designate the legal condition of the employee after dismissal or resignation. Actually, the post-work contract period is filled by the whole relationships in which the employer must pay indemnities to the employee, or sometimes re-engage him, and the collectivity allows unemployment benefits
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
Mazaud, Anne-Laure. "Contrat de travail et droit commun : essai de mesure." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2157.
Full textWhen wondering about the relationship between employment contract and general law, autonomist claim is usually immediately brought up. Yet, the point is not to claim, but to define the propensity to autonomy of labor law in regard of general contract law, many times asked, and always renewed. Precisely, this measurement essay reveals deeply nuanced results. Thus autonomy could not be definitely accepted due to many manifestations of the subservience of employment contract to general law. However it cannot be totally contradicted because of the incontestable emancipation of the employment contract from the general law. To understand this apparent contradiction, the subject must be divided. The approach cannot be global and the study must deal with distinct subjects. The employment contract system is indeed oscillating between two poles: autonomy and dependence. Emancipation towards general law is almost complete when considering some questions. Concerning some other questions, subservience can only be noted. Moreover, the results of this research are leading to affirm that autonomy and dependence are not two distinct areas, separated by a hermetic border. Hence, dependence must be admitted when general law is preserved, though autonomy already appears when general law is appropriate. It is more intense when general law is distorted, and reaches its ultimate degree when general law is ousted. A kind of continuum is observed between these two poles – subservience and autonomy – on which questions about employment contract are organized. Consequently, when measuring the relationship between employment contract and general contract law, everything is a matter of degrees, proximity and distance correlative to these two extremities of the spectrum
Bourret, Christelle. "La question de l'existence d'un contrat de travail ou d'entreprise relatif à la prostitution." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10050/document.
Full textProstitution is an activity exercised by many people, in order to meet their needs, as it is for any person exercising any professional activity. Although this activity is taxable, as for any other work, it is not recognized as a profession. Despite the recognition of volunteer prostitution, French law does not allow prostitutes to conclude a work or buisness contract relative to prostitution. However, this type of contract waould allow them to enjoy the benefits of general social protection programs, and therefore to improve their life conditions, as the health of prostitutes is somehow endangered by the inner nature of this activity. The study of the components of the prostitution contract shows that, if the change the attidudes was accompagnied by a reform of laws relating to acts associated with prostitution, then the conclusion of these contracts would be possible
Tahtah, Sabahe. "Les cadres et le droit du travail." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0930/document.
Full textIssue which is to give a comprehensive definition of the “executive” category, thus today one witnesses thecreation of an unstable structure. Also, in labour law no text allows for the identification of those whospecifically fall within the category of “executives”.It appears that it is not simple to apprehend the « executives » category. A study of the legal texts, particularlythose regarding working time, shows real bipolarity within this category. Indeed, on the one hand it appears thatsome non-executives, in certain circumstances, benefit from the same legal framework as employees, and on theother hand, executives, depending on the case, are, or are not, treated like employees.The distinction between executives and non-executives having been made, it becomes the basis of the presentstudy that aims to investigate the characteristics of the notion of executive, and the components of the specificlegal framework dedicated to executives
Julien, 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
Pasquier, Thomas. "L' économie du contrat de travail." Paris 10, 2008. http://www.theses.fr/2008PA100100.
Full textThe Economy’s contract is a promising concept. It enables one to conceive of the contract as more than a set of mutually binding obligations. It is also a global operation driven by finality. The study of this notion regarding employment contract reveals its uniqueness. In regards to French law, the contract’s main purpose is to protect the employee. This protection is mainly set by imperative statutes; foremost, it results from the economy of the employment contract by which risks are to be supported by the employer, as a counterpart of the management power he is granted. Thus the protection that employees benefit from can be construed as the consequence that ensues from the allocation of risks to the employer. Such is the definition of the economy of the employment contract set forth in this study. The notion plays a great role in asserting the existence of an employment contract: what differentiates the independent contractor from the employee is that the former supports the economical risks of his activity, contrary to the latter. The notion also serves to identify the employer’s duties towards its employees: he is contractually bound to ensure their security, as the management power is vested in him. Finally, the notion may account for the evolution of many work-for-other schemes and more precisely, how legislation granted certain employee benefits to independent contractors. In return, the notion seems to have been affected by evolution: within labor law, the employer’s management power seems less accountable for certain work related risks. Consequently, the employee’s protection correlates less to its submission toward the employer
Idriss, Ahmed. "Le contenu contractuel du contrat de travail : contribution à l'étude de la modification du contrat de travail." Orléans, 2007. http://www.theses.fr/2007ORLE0002.
Full textChareun, Romain. "Le contrat de travail du footballeur professionnel : étude d'une spécificité." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1091.
Full textThe employment contract of a professional footballer is subject to many influences of the law. Firstly, Labour law strictly regulates its development and limitations. The professional footballer is tied to his club by a fixed term contract. Then, civil liability engages the footballer's liability. Finally, administrative law may regulate the footballer’s relationship with the French Football Federation which holds a public service delegation. The result of all these influences specificity. It is characterised by the existence of a particular environment in which the footballer with several sports federations enact sporting standards or the possibility of seizing the Court of Arbitration for Sport. The professional footballer’s employment contract differs from regular fixed term contracts. As a matter of fact, the employment contract is subject to the approval of a professional football league. With respect to accountability, judges require the commission of gross negligence by the breach of rules. At the European level, the football authorities have set up the system of association-trained player. This system is contrary to the freedom of movement of EU workers. It will be shown that if the employment contract of professional footballers as a whole is not specific, precise points at its conclusion, its execution or its rupture actually demonstrates that this contract is specific. We will speak of a specific variable geometry of the employment contract professional footballer
Guetz, Jean-Marie. "Le processus d'évolution des contrats psychologiques et du sens au travail : le cas d'une entreprise agro-alimentaire." Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOE007.
Full textGlobalization and economic crises, as well as the pressures of competition and customer demands, are forcing companies, in order to survive, to initiate changes and revise their promises and payment prospects, sometimes in a brutal way. Organizational boundaries are disintegrating, atypical or triangular relationships are developing, staffs feel weakened, and values are ?. The ambiguity of these situations initiates the processes of sensemaking. Traditional expectations based on trust, stability and fidelity are shaken up. Job security and long-term internal careers are being replaced by the concepts of employability and flexisecurity. Employees try to understand and to detect what is happening in organizations. « Contract makers » then come a long side to explain and to detail changes in the promises and obligations of the psychological contract between the employee and the organization. When this process fails, it is the « contract influencers » such as unions who give meaning, but is not necessarily the one the management expected... Restructuring plans which include downsizing lead to the increasing number of processes of rupture and violation of the psychological contract and down-grading in the social climate. The process of selling the site and, the lack of long-term prospects create uncertainty and anxiety among employees. Transitional psychological contracts with no guarantee conditions emerge and when this situation persists it is likely to generate hostile and deviant behaviors that can lead to distrust psychological contract.This thesis examines the process of forming and developing the psychological contracts through the prism of sensemaking, employees of a food company in Dijon. An analytical framework based on a contextualist quantitative and qualitative mixed method allows us to follow the process of establishing and developing rupture and reconstruction of psychological contracts, as well as to understand how people concerned in the organization construct reality
Lefer, Camille. "Les droits potestatifs dans le contrat de travail." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020039/document.
Full textA potestative right allows his holder to create, modify or extinguish another’s legal situation. The employment relation, as for it, is marked by a logic of power(s). How, in these conditions, does the concept of potestative right enter the employment contract? How does the latter receive the potestative right ? What sacrifices should be made by the potestative rights ?If potestative rights are accepted in the employment contract, it is only in a framed, supervised and limited way. Potestative rights are then controlled and sanctioned by judges willing to enforce both its spirit and limits.However, since the potestative right is applied through a unilateral act, because it concerns the ability to impose one’s will upon others, shouldn’t the interests of the recipient be preserved, at the very least? The object of the employment contract, the subordination of the employee, therefore leads towards the question of the place to begiven to the employee’s fundamental rights and freedoms
Gaudet, Michel. "Contraintes psychosociales au travail et consommation de psychotropes." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq25586.pdf.
Full textBrochu, Gabrielle. "La relation de travail internationale : contraintes et possibilités." Thesis, Université Laval, 2010. http://www.theses.ulaval.ca/2010/26694/26694.pdf.
Full textByrne-Sutton, Pascale. "Le contrat de travail à temps partiel /." Zürich : Schulthess Juristische Medien, 2001. http://www.gbv.de/dms/spk/sbb/recht/toc/338249656.pdf.
Full textMylonas, Théodora. "La force obligatoire du contrat de travail." Toulouse 1, 2001. http://www.theses.fr/2001TOU10064.
Full textThe study of the compulsory side of work reveals its double dimension. Last adjustement of the law rule to the needs of contracting party, the contract is both a security vector and an adaptation factor
Boitard-Lepine, Marie-Alice. "La formation, objet du contrat de travail." Cergy-Pontoise, 1999. http://www.theses.fr/1999CERG0059.
Full textFugier, Romain. "Le contrat de travail du sportif professionnel." Thesis, Perpignan, 2016. http://www.theses.fr/2016PERP0005.
Full textA Professional Sportsman engaged in a working relationship with a sports club is currently in a similar contractual situation to other employees. Employment contracts concluded by a Professional Sportsman must respect the provisions of the labour legislation. However, the sports-related nature of the activity undertaken by a Sportsman implies compliance with other sports-related standards that makes the establishment of a contractual relationship more complex. The traditional rules of the Labour Code do not seem to be adapted to the legal status of a Professional Sportsman. In light of this, the legislator committed to amending the regulatory framework relating to the Professional Sportsman in order to simplify and improve this specific employment relationship. The analysis of issues related to the conclusion, execution and termination of the employment contract of a professional sportsman, in view of the envisaged legislative developments, provides specific replies to the current difficulties in relation to the employment of sportsmen
Ripert, Prescilla Prisilla. "Le contrat de travail du sportif professionnel." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40005.
Full textThe professional sportsperson who is employed by a sporting firm is generally considered nowadays as a bona fide worker, legally entitled to all of his or her rights and debtor of all the obligations entailed from the existence of a work contract. Yet for a long time the term ‘work contract’ seemed incongruous, given the originality and the normative environment pertaining specifically to the sportsperson.Indeed the legal situation of the wage-earning sportsperson (that is to say all his or her rights and obligations) is very specific; the issue of the transfers and loans of players between clubs, that of the provisioning of an athlete to a federation or of the commercial exploitation of a sportsperson’s image can be far removed from the standard issues of labour law.Appearances are however deceiving. The professional sportsperson is first and foremost a worker, admittedly one who is in a specific situation, but one for whom the application of labour law is justified, except in the case of more favourable conditions. A professional sportsperson’s work contract is subject to the requirements of state law; only when sporting data is taken into account can these requirements be adapted.These specificities in the sporting work relationship deserve to be studied, for the issues concerning training, the implementation and the breach of a sportsperson work contract require answers that are adapted to his or her employment conditions
Guastalla, Pierre. "La rupture amiable du contrat de travail." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1053.
Full textThe termination of an employment contract is generally characterised by one party’s unilateral intention to terminate and the possibility to terminate by mutual agreement has only been construed by case law on the basis of article 1134 of the civil code. Such termination by mutual agreement is not to be confused with a transaction and does not pursue the same objectives. This construction has however not encountered much success and has been sidelined by labour law practitioners. The amicable termination of employment contracts has not been truly sanctioned until the law of 25 June 2008 that created the contractual termination. The contractual termination has been influenced by the case law that construed the termination by mutual agreement, but it ultimately moved away for good and followed its own path. It was thus possible to analyse the impact each kind of amicable termination had on its alternative. Legal proceedings between the parties and restrictions in connection with the health of the employee do not prevent a contractual termination, thereby privileging the autonomy of the parties over the protection of the employee. In the beginning there was a rivalry between the two kinds of termination, but case law has quickly established the exclusivity of the contractual termination for permanent employment contracts. However the duality remains in numerous other domains. It seemed thus interesting to study the possibilities that may improve the existing alternatives of amicable termination and reconcile fluidity and serenity in the employer-employee relationship
Flocco, Gaëtan. "Le consentement des cadres au travail : contraintes économiques, sens du travail et imaginaires sociaux." Evry-Val d'Essonne, 2006. http://www.theses.fr/2006EVRY0041.
Full textHow make understandable the renewal of the assent of the executives to the work and to the capitalism, in a context of constraints and greater economic uncertainties? Thanks to a qualitative inquiry led with 55 executives in four big companies of high technologies, the thesis shows that this assent rests on a plurality of registers of action such as the different interests carried in the work or still the forms of resignation in front of destabilizing aspects. But especially, in the complexity of the meanings granted by the executives to their work, the research identifies completely ambivalent representations when it is question of autonomy, performance, disparity of gender or of economy. We qualify these representations of social imagination because they disguise as attractive elements various dimensions susceptible to generate constraints, without neutralizing for all that totally the coercive effect of these last ones
Pépin, Nicolas. "Le lien de subordination juridique dans les relations de travail." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10021.
Full textThe concept of legal subordination is in direct confrontation with the changing labor market. Given the constraints of employment law, the wage is leaking which promotes legal arrangements but also the real alternatives. These now supply the phenomenon of economically dependent workers, reflecting the extension of a gray area into borders of employment. It becomes increasingly difficult to define the employment contract. Yet the stakes are high, particularly with regard to the infringement of concealed work. The legal subordination is the distinguishing criterion of the employment contract, it should take stock of approaches successively proposed by doctrine and jurisprudence. The aim of this thesis is to try to take stock of this unstable concept to predict and suggest possible changes
Rouspide-Katchadourian, Marie-Noëlle. "Le juge et le contrat de travail : essai sur la relecture judiciaire d'un contrat." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020018/document.
Full textAccording to article 5 of the French civil code, the judges cannot « decide through the mean of general and statutory rules on the causes they are submitted with ». Article 1134 al.1 of the same civil code provides for the principle of the binding effect of the contract. Yet, the jurisprudence of the labor chamber of the French High Court (Cour de cassation) is normative ; its interference in the labor contract is obvious. Unbalanced, subject to a specific public order, source of conflict of rights and freedoms, the labor contract has certain particularities. These appear to guide the judge’s action. The adaptation of the contract is one of the principle manifestations of the judge’s intervention. It is characterized by the improvement of the agreement of the wills or, on the contrary, by its amputation. Many obligations are added to the contract. If the reasons exposed by the judge vary, actually, article 1134 al.3 and article 1135 of the French civil code justify these additions. This subtraction has different forms. It is the source of a creative power ; such creative power is not always linked to the protection of freedoms and fundamental rights. Besides, the rework leads the judge to the rebuilding and redrafting of the contract. Said contract is rebuilt in accordance with article 1134 al.2 of the French civil code. The willingness of the parties becomes objective ; their real willingness is not necessary complied with. The redrafting of the contract is the result of, in particular, article 1152 of the French civil code. However it can be extended beyond this article. Original and audacious, the judicial way to read the labor contract is linked to the sense of the identity of such labor contract
Decamps, Jennifer. "Les modes amiables de rupture du contrat de travail." Thesis, Avignon, 2014. http://www.theses.fr/2014AVIG2039/document.
Full textThe ways to break a work contract amicably are booming . Even if the amicable break of the contractual relationship , from Article 1134 of the civil code , has been recognized for several decades , its lack of real understanding and use by the social legislation limits its use , even though its effectiveness,regarding the fixed period employment contracts and the training contract does not need to be proven any more ! The current revival of this way to break a contract comes from the creation of a new act : the 25 th june 2008 modernization of the labour market law . The conventional breach, supposed to be an act which permits to reinforce the safety of the relational breach has boosted the confidence of employers as well as employees, when the use of consualism , they had created, has to be broken .So, without really putting into question the breach itself the origin of which being the common law, the conventional breaking is the most likely act to put an end to the hegemony of unilateral acts of breach
Alibert, Anne-Claire. "Les Cadres quasi-indépendants : du contrat de travail au contrat d’activité dépendante." Clermont-Ferrand 1, 2005. http://tel.archives-ouvertes.fr/docs/00/66/31/80/PDF/2005CLF10288.pdf.
Full textThe management and professional employee population which is rapidly expanding has been classified in 3 categories by the Aubry 2 law. The first of these three categories covers management/professional employees who have retained a traditional work profile. The second and third categories cover employees enjoying more autonomy and senior managers, both of the latter are far removed from the traditional manufacturing environment due to their self sufficiency and technical know-how. Our centre of interest is focused on these” virtually independent” employees. Their professional behaviour bears less and less relationship to current labour law, the traditional contract of employment is disconnected from the professional environment of today’s manager who is independent, autonomous and takes part in senior management responsibilities. Faced with the inadequacy of current labour law it is necessary to develop a new legal approach for these “independent” managers / professional employees. Inspite of the unrelenting expansion of labour legislation a form of “cohabitation” between wage earners and self employed is developing. The emergence of activity based labour legislation bringing together basic generic regulations and overcoming the customary split between salary earners and free lance activities may be a suitable approach for the new “independent” management and professional categories wishing to move away from the standard form of welfare protection written into labour law. Therefore rather than “forcing “traditional labour legislation by multiplying exceptions and opt outs to protect pseudo wage earners it seems preferable to encourage a move away from the contract of employment approach towards a company contract which could, as required, be adapted to employees who are subordinated to an employer and thus need the protection of a standard contract of employment
Robelin, Dominique. "Le Pouvoir de révision du contrat de travail." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37595133h.
Full textMoreau, Emmanuelle. "Lois de police et contrat international de travail." Paris 10, 1993. http://www.theses.fr/1993PA100094.
Full textTo resolve the problems pertaining to the determination of the law applicable to employment contracts, the notion of "Lois de police" appears to be the key-notion. It is a unilateralistic approach, which takes into amount the interests for the state of the place of performance, and protects efficiently the weaker party to the contract. In spite of its unilateralist nature, the method is susceptible of "bilateralisation". It is also to be combined with the concept of "autolimitation", especially with reference to collective conventions and strikes
Touba, Keltoum. "Réflexions sur le contrat de travail au Maroc." Paris 10, 1993. http://www.theses.fr/1993PA100137.
Full textLabour law is the law that governs in the first place collective relations and the second place individual relations based on service agreement. It has been introduced in Marocco by the French protectorate near the customary law and moslem law. Labour relations used to be arranged by trade associations which implies that the contract of labour was nothing but a contract of adherence to the constitution set up by the trade association. The discovery of the concept of judicial subordination enabled to set up a balance between the contracting parties. The contract of labour has thus exempted itself from civil law. The employee does his work according to the employer's instructions. In return, the latter has got the duty to insure the employee against all possibile risks he maght run at work. The theory of the suspension of the contract of labour, the increase of its causes of suspension and the different mandatory steps taking to limit the employer's power to put an end to the contract, offer a snapshot of the risks the employer's exposed to
Barré, Agnès. "Les clauses du contrat de travail et l'abus." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32007.
Full textThe clauses of the employment contract maintain unquestionable ties with the abuse but need to be specified. We wanted to believe that the jurisprudential scene of the abuse was less confusing that the way it appears by proposing a distinction between the clauses that are abusive when entering into the contratct, of those that are abusive at the time of execution. In either case the abuse concept leads to a specific regime of labor laws. As a contract is beeing signed, a number of clauses are precisely declared abusive and should be cancelled in the name of law and order. In fact, besides the clauses expressly prohibited by the legislator, a multitude of clauses are declared illicit according to general criterias that we describe as abusives. On the other hand, the abuse will sanction clauses that do not seem illicit at first sight, but implemented in specific conditions that appear abusive. Whether it matters to deem the strength of the rights towards its fianlyy or to judge by evaluating the behaviour of the parties, the abuse of clauses is well defined by the two well known definitions of abuse of right
Revel, Sébastien. "Faute pénale et rupture du contrat de travail." Caen, 2009. http://www.theses.fr/2009CAEN0082.
Full textBrissy, Stéphane. "L'obligation de résultat dans le contrat de travail." Lille 2, 2004. http://www.theses.fr/2004LIL20024.
Full textThe resultate obligation entails to take into account both the creditor's stakes and the debtor's capacities to satisfy those stakes. Labour relationships, the firm's risks generally fall upon the employer's shoulders. Because of his hierarchical power in the labour relation, the employer owes the resultate obligation with regard to wage and body integrity. However, his/her control over salarymen's activity and tasks has seemed to become less tough in the recent years. In contrast, salarymen are becoming directly accountable for the work outputs and associated to the firm's risks. While the utility of labour is determining the content of the worker's duties, the way the labour contract is being executed tends to become a secondary matter
Koleck-Desautel, Sonia. "La notion de modification du contrat de travail." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40038.
Full textChretien-Lesschaeve, Anne-Sophie. "Interprétation et contrat : étude en droit du travail." Paris 10, 2006. http://www.theses.fr/2006PA100105.
Full textThe way in which the judge interprets can reinforce the contractual dimension of the work relationship. The contract of work, within a complex legal frame, is indeed both a vehicle and a subject of the interpretation. The first part (“the interpreting function of the contract”) of the current study shows that the work contract is largely requested by the judges to give a meaning to the contentious behaviour of the parties. The second part (“the functional interpretation of the contract”) presents the way the magistrates interpret the agreement. The interpretation of the work contract, and more specifically the objectivity of the interpretation, even if it doesn't allow a lot of room for the wiling parties, has nevertheless managed to reinforce the strength of this entity. If the magistrates decide to keep a part of flexibility to the companies by slightly isolating the collective status from the contract, they, at least, insure the protection of the employees against the powers of the employer and the potential imbalance of the individual contract
Étiennot, Pascale. "La formation professionnelle dans le contrat de travail." Nancy 2, 1994. http://www.theses.fr/1994NAN20016.
Full textIn french law, professional training has important connections with the work contract, but these links have been established progressively. In the text founding our system of training, relations between training and contract left little room for the work contract itself. When existing, they were set up under the form of advantage for the employer and the salaried employee. Over the years, training was to establish itself in the contract and has seen its role modified. With the economical crisis, and its usual characteristics : loss of jobs, increase in unemployement, training has become more and more a necessity. But in becoming essential, it has become diversified. Since the beginning of the 90's, individual rights to the benefit of salaried employees have been added to the existing measures, but juridical analysis has brought one of the aspects into light, which had stayed ignored until recently : training as an obligation. As a matter of fact, cases in which the employer and the salaried employee are bound by obligations are frequent. In becoming part of the work contract, training does not have a neutral role. It is of prime importance in the development of the work contract and has a double influence. On the one hand, training affects the contract in its content, for it changes a great deal the established balance between the parties, as well as the object of the work contract. On the other hand, training plays an important part in giving a new impulse to the work contract. It allows the vitality of the work contract to be confirmed
Gratton, Laurène-Kirstie. "Les clauses de variation du contrat de travail." Paris 1, 2009. 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%3D93.
Full textFiorentino, Allison. "La rupture du contrat de travail en droit anglais : droit comparé anglais et français /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2008. http://catalogue.bnf.fr/ark:/12148/cb412777570.
Full textCOQUELLE, BRUNO. "L'artiste peintre : ses risques, ses contraintes." Lille 2, 1993. http://www.theses.fr/1993LIL2M324.
Full textChicheportiche, Laura. "Les ruptures d'un commun accord du contrat de travail." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020086.
Full textInitially relinquished, mutual agreement is now at the heart of the process of terminating the employment contract. There has been an evolution tending to the shift from suspicion towards mutual agreement as a termination device to the trust in such means. This acquired trust is best illustrated by the recognition of employment termination via mutual agreement by the Act dated June, 25th 2008. The reform introduced by this Act transformed the legal regime applicable to the termination of employment contracts. Despite the fact that Article 1134 of the French Civil Code has long granted parties the possibility to terminate the contract binding them by mutually agreeing to do so, such mode of termination has only been resorted to on a fairly limited basis. This phenomenon can notably be explained by both the lack of clear legal framework applicable to this device, and the restrictions imposed on its ambit. The recognition of termination of the employment contract via mutual agreement as a device specifically applied in the field of labor law, as well as the definition of a specific and independent regime would be likely to give rise to ending the resort to Article 1134, whose scope is only general and not specifically tailored to labor relations. The implementation of this specific regime could put an end to the monopoly held by unilateral terminations of the employment contract, particularly the method of dismissal. A broad consideration of termination of the employment contract via mutual agreement can also contribute to the appeasement and balance in labor relations
Alibert, Anne-Claire. "Les Cadres quasi-indépendants : : du contrat de travail au contrat d activité dépendante." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2005. http://tel.archives-ouvertes.fr/tel-00663180.
Full textCamana, Hélène. "La conception du contrat de la jurisprudence contemporaine relative au contrat de travail." Paris 1, 2007. http://www.theses.fr/2007PA010302.
Full textRasselet, Manoëlla Chaumette Patrick. "Les ruptures du contrat de travail mise en perspective /." [S.l] : [s.n.], 2007. http://castore.univ-nantes.fr/castore/GetOAIRef?idDoc=26326.
Full textCondemine, Damien Jeammaud Antoine. "Les interventions du juge dans le contrat de travail." Lyon : Université Lumière Lyon 2, 2008. http://theses.univ-lyon2.fr/sdx/theses/lyon2/2008/condemine_d.
Full textRhiyourhi, Naïma. "Le contrat de travail et l'inaptitude médicale du salarié." Paris 13, 1995. http://www.theses.fr/1995PA131017.
Full textThe purpose of the study is to analyze the fate of the work contract, once established the identification of the medical incapacity. The law of the 31 12 92 puts an end to the long evolution of case law as regards medical incapacity of common law of the wage-earner and to the situation justly qualified by the authors as "wait and see policy", after the court decision of the 29 11 90. This ruling of the suprem courtof appeal set up the principle as regards: and breach of work contract after a medical incapacity would be qualified of dismissal. In front of this new case law, employers react by an abstention of breaches (of contracts) because so, they would not have to give redundancy payments, which could be very high according to seniority and salaried-employee age (delalande contribution). .
Condemine, Damien. "Les interventions du juge dans le contrat de travail." Lyon 2, 2008. http://theses.univ-lyon2.fr/documents/lyon2/2008/condemine_d.
Full textLitigations instigated from claims regarding the implementation, and not the termination, of the contract of employment are increasingly common in the decisions of the Court (Cour de cassation). That trend is related not only to the contract of employment but is also noticeable in other areas of law. Yet, those requests create difficulties in setting the role and the approach of the judge. The study : Interventions of the judge in the contract of employment aims at shedding some light on the cases where the judge has to intervene in the contract of employment in order to provide answers to that kind of request. More specifically, the goal set to that study is to identify the rules – based both on law and case law – which entitle the judge to intervene, and force him to intervene in the contract of employment. Foremost, the study looks at the rules regarding to the very content of that contract. Are they admitted, marginal or significant ? The judge amending more or less the essence of what was agreed between employer and employee: we are located on the main ground of a controversy between school of thoughts opposing the neo-liberal current to the supporters of a new contractual solidarity. There is no doubt, however, that the judge has to check the compliance with the mutual obligations of both parties in the execution of the contract to intervene in a case of non implementation or faulty completion. But, beyond the fact that the litigation about the implementation of the contract seems mostly engraved in the termination of the contract, in what extent can the judge do more than condemning to repair a damage or pronounce the termination of the contract ?