Dissertations / Theses on the topic 'Travail posté – Études comparatives'
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Socher, Ulrich. "La face cachée de l'autonomie : management et performance des équipes autonomes dans deux alumineries, en France et au Canada (Québec)." Paris, Institut d'études politiques, 2000. http://www.theses.fr/2000IEPP0014.
Full textShea, Évelyne. "Le travail pénitentiaire : un défi européen : étude comparée." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR3A006.
Full textFiorentino, Allison. "La rupture du contrat de travail en droit anglais : droit comparé anglais et français." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32021.
Full textMore and more statutory law and fewer contract law. Does this sentence describe english employment law? At first sight it might seem true. From 1996 (the adoption of the Employment Rights Act 1996) to 2004 (coming into force of one of the most important part of the Employment Act 2002) the bristish Parliament has adopted many laws, most of which aim to protect the employees. However it does not mean that contract law is completely forgotten. The termination of employment represents that compromise between new legal rights and old common law cases. When an employer is contemplating dismissal, he has to comply with several requirements one of which is to act reasonably. Moreover international law, mainly european, becomes more and more important and tend to ensure that employers are bound to inform and consult emloyees or their representatives before dismissing them. On another hand it would be false to assume that unfair dismissal and redundancy payments have transformed United Kindom in a state where breach of employment contracts is nearly impossible. The third way, chosen by Mr. Tony Blair has not led to a complete renewal of employment statutes. The law relating to breach of employment contract is far from having gained autonomy
Florio, Maria. "Violences en famille et harcèlement au travail : aspects socio-criminologiques et juridiques dans le système italien et français." Toulouse 1, 2012. http://www.theses.fr/2012TOU10010.
Full textThe dissertation aims to look into the complex picture of domestic violence and harassment at work in the Italian legal system and to make a comparison to another legal system of the same legal tradition, the French one. The exposition will run through the socio-legal and criminological aspects of domestic violence against weak people as women, minors, elderly and disabled persons, of harassment at work like sexual harassment and bossing or mobbing. , of harassment at a distance like stalking, which represent, for many aspects, an hidden and neglected phenomenon. The thesis is going to analyze especially the forms of psychological harassment and the lesser-known forms. The theoretical-normative reconstruction of the covered topics is integrated with the results of a quantitative and qualitative case law research of the two countries. The work, therefore, is organized in two parts : the first part focuses on theoretical, socio-legal and criminological aspects and the second part is devoted to the empirical research, which was conducted by data sources as the judgements of the Italian and French Supreme Court of Cassation
Prévosteau, Pierre. "Conceptions et mutations de l'inspection du travail." Paris 2, 1997. http://www.theses.fr/1997PA020024.
Full textBoutkhil, Hasna. "Le rôle de l'inspection du travail dans l'application du droit du travail au Maroc à la lumière du droit français." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10015.
Full textLe résumé en anglais n'a pas été communiqué par l'auteur
Siau, Bruno. "Le travail temporaire en droit comparé, européen et international." Montpellier 1, 1994. http://www.theses.fr/1994MON10003.
Full textThe temporary works service (t. W. S. ) is a specific working relation, in different points of view. Indeed, in the one hand, this is an operation with three partnersand two contracts; in the other hand, the regulation of this activity is very different from a group of countries to another one, from the absolute freedom to the strict prohibition. Some experts, specially in the international organisations, often recommend a common regulation, to avoid and prevent the abuses; but there are a lot of difficulties (some of them specific to t. W. S. ) for this sort of international legislations. However, it appears that if we return to the original difinition of the t. W. S. (that means analysing its mechanisms with regard to contracts law and social law, in a comparative study), and if we take up a global concept of this operation, the main difficulties are eliminated
Fayard, Céline. "L'encadrement juridique du travail des mineurs : étude comparative des droits français et italien." Lyon 3, 2003. https://scd-resnum.univ-lyon3.fr/in/theses/2003_in_fayard_c.pdf.
Full textCialti, Pierre-Henri. "Efficacités et fonctions de la convention collective de travail : étude comparative de l'intervention légale en France et en Espagne." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10022/document.
Full textThe general objective of this work is to make a global approach to the Spanish and French systems of collective bargaining in order to spread its characteristics through a comparative study in both countries. One of these characteristics lies in the central role of the law to regulate these systems. Therefore it is necessary to raise the discussions to a constitutional level to delimit the legal action framework. Once the constitutional framework related to the action of the law in collective bargaining has been defined, and following the classical distinction between dynamic and static dimension of collective bargaining agreements, the analysis of the conditions of elaboration and enforcement of the bargaining, specially the bargaining agreements, will emphasize the fact that both legislations are similar, despite the substantial differences at constitutional level. In fact, the law attempts to ensure maximum legitimacy of the bargaining agreement, encouraging its emancipation from legal imperatives and employer bargaining at the same time. However, the comparative study shows that the options of both legal systems have not the same intensity and do not result in the same modalities. Despite of this fact, one can conclude by saying that in both countries the improvement of working conditions is not the collective bargaining agreements main goal. Therefore these agreements have become a supplementary instrument of the employer which is offered to workers as a management tool
Este trabajo persigue como objetivo general realizar una aproximación global a los sistemas de negociación colectiva español y francés, con el fin de difundir en ambos países, mediante un estudio comparativo, sus rasgos característicos. Uno de ellos corresponde al papel central de la ley para regular dichos sistemas. Así, es preciso elevar al nivel constitucional las discusiones para delimitar el marco de actuación de la ley. Una vez definido el marco constitucional de intervención de la ley en materia de negociación colectiva, y siguiendo la distinción clásica entre la dimensión dinámica y la dimensión estática del convenio colectivo, el análisis de las condiciones de elaboración y de aplicación de los productos de la negociación, especialmente del convenio colectivo de trabajo, permite poner de relieve que, pese a sustanciales divergencias en el plano constitucional, ambas legislaciones acercan posiciones. En efecto, de manera muy sintética, se observa cómo la ley pretende garantizar la máxima legitimidad al convenio fomentando, al mismo tiempo, su emancipación de los imperativos legales y el ámbito de negociación empresarial. Sin embargo, el enfoque comparativo del trabajo permite destacar que las opciones de ambos dispositivos legales no tienen la misma intensidad y no se reflejan en las mismas modalidades. En cualquier caso, es posible considerar que, en ambos países, la negociación colectiva no tiene ya como finalidad central la mejora de las condiciones de trabajo sino que se ha convertido en un instrumento suplementario de gestión de la empresa ofrecido a los empleadores
Belaïdi, Rabah. "La résolution des litiges disciplinaires en droit du travail comparé (France-Québec) : contribution aux modes alternatifs de règlements des conflits." Paris 2, 2003. http://www.theses.fr/2003PA020081.
Full textKeller, Tiziana. "Temps de travail et emploi dans les négociations collectives : les éléments comparatifs France-Allemagne dans les années 1980 et 1990." Paris 1, 2000. http://www.theses.fr/2000PA010011.
Full textHe, Min. "Les systèmes d'attribution de la propriété de l'invention du salarié en droit comparé et proposition." Paris 1, 2005. http://www.theses.fr/2005PA010324.
Full textSavan, Rengasamy. "Le droit des relations collectives de travail à Maurice : étude comparative." Paris 1, 2004. http://www.theses.fr/2004PA010300.
Full textStella-Caumel, Annabelle. "Micro-marchés du travail, niveau et structure de l'emploi : le rôle des institutions." Nice, 2002. http://www.theses.fr/2002NICE0026.
Full textAhmed, Hassan Abdel Kriem. "La suspension conditionnelle de l'exécution de la peine : étude théorique, critique et comparative en droit européen et égyptien." Paris 2, 2002. http://www.theses.fr/2002PA020004.
Full textBen, Ouarab Azouaou. "Etude comparée des législations franco-anglaise en matière de travail temporaire pour une future harmonisation des normes européennes." Paris 2, 1996. http://www.theses.fr/1996PA020139.
Full textTriclin, Alexis. "L'emploi dans l'entreprise en crise : étude comparée du droit français et du droit espagnol." Paris 10, 1991. http://www.theses.fr/1991PA100098.
Full textThe joint evolution of both labor law and that of collective procedures allows a comparative and prospective analysis of employment in a company in crisis regarding French and Spanish laws. Firstly, with the analysis of labor law and that of "bankruptcy", the juridical rules applying to a contract and the changes that can affect it, will be studied beginning specifically with dismissal, contract transfer, mobility and furthermore with the guaranties of the wages (wage credits and insolvency insurance). Secondly, the study of employment and of a company under crisis will be dealt with in regard of a dual principle including the intervening of public authorities and of collective autonomy
Capitani, Amandine. "Les libertés de l'entrepreneur : recherches sur la protection constitutionnelle des droits et libertés à caractère économique : aspects de droit comparé espagnol, français et suisse." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32062.
Full textEven if it is commonly accepted that economy and constitution are connected in comparative law, the French approach was more reserved for a long time. This relative lack of interest arouses curiosity. Although some studies have been realised on property law and on free enterprise, they have seldom been studied together, as part of a more global system. The detailed survey of the protection of rights and freedoms of an economic nature in Spain, France and Switzerland brings us to a similar but not very encouraging assessment. In the same way, there exists a real awareness of their importance in the development of society. Strengthening the protection of these rights and freedoms then appears necessary. This goes through the strengthening of their “subjectivisation” where the “freedoms of the entrepreneur” have to be pushed forward
Palli, Barbara. "La modification et la dénonciation des conventions collectives de travail : étude comparative, en droit français, hellénique et britannique." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30006.
Full textModification and unilateral termination are both actions intended to transform collective agreements. In a relatively new context where the latest collective agreement is not necessarily as favourable as the former one, it seems important to know whether it is vital to reinforce rigidity or to promote flexibility in the operation of the collective agreements' mechanisms for transformation. According to our hypothesis which we wished to test in three European countries, France, Greece and Great Britain, the state's intervention in the regulation of the transformation process favours rigidity while the abstention promotes flexibility. Our study reveals that if state intervention in French and Greek law is in effect a source of rigidity, it doesn't necessarily promote social progress, while abstention doesn't automatically guarantee in British law flexibility at least in so far as the effects of the transformations are concerned
Mandin, Lou. "Des préretraites au vieillissement actif : l'évolution des politiques sociales pour les travailleurs âgés de plus de 50 ans en France et en Allemagne (1970-2007) : l'Europe, un levier d'action pour sortir du sentier des préretraites ?" Paris, Institut d'études politiques, 2007. https://spire.sciencespo.fr/notice/2441/5403.
Full textGermany and France are seen as archetypes of the Welfare State without work. Since the mid-1970s, when confronted with a severe economic downturn, these two countries started using early retirement schemes, backed by State Social Protection instutions, to cope with the problem of high unemployment: the employment benefits from removing the lower priority workers (e. G. , those over 55) from the labour force were deemed higher than the economic cost. This trade-off led to a particular age-specific pattern of Welfare State dependency. The attempts to reform the situation during the 1990s were stymied due to significant institutional, political and cultural inertia and vested interests. The ageing of the population and pension reform made this blocked situation even more critical. At a European level, the proposal for a concerted strategy based on Active Ageing, has been seen as a key factor in developing a solution to this problem. Since the early 2000s, both countries have been committed to fostering a paradigm shift that has progressively led to a reconfiguration of domestic policy concerning older workers. In this policy sphere, there is an on-going process of “soft europeanisation”, based on cognitive and prescriptive tools (common objectives, sharing of best practices, dissemination of European ideas), leading to a win-win situation
Semeda, Randa Mohamed. "Le licenciement pour motifs économiques : étude comparative des droits français et égyptien." Paris 1, 2001. http://www.theses.fr/2001PA010254.
Full textEizik, Dov. "« Qui est employé » dans l’ère Post-moderne : étude comparative du cas israélien et Français." Thesis, Paris 8, 2016. http://www.theses.fr/2016PA080146/document.
Full textWork relations are dynamic relations that constantly change due to both global, externalfactors (i.e. financial, technological, social, value, cultural and legal shifts) and factorsdirectly related to them and their power balance (i.e. change concerning the employee, theemployer and the union). The exposure of work relations to such changes increases,naturally, as they continue. Labor laws must be flexible enough to provide a solution forchanging life needs. Frameworks that were common in the past are no longer commontoday, and must be appropriated accordingly.This paper was meant to examine one of the basic questions existing in labor laws –whether the work performer is an “employee”, benefiting from the protection of labor laws– or an “independent”, who is not protected by labor laws. For such purpose, this paper Offers a comparative approach to examining this question and the way in which it is done, in comparison to French labor laws.In the research aspect, the paradigm offered in this research paper offers a post-universaldefinition of the “Employee”, which is desirable in light of the incompatibility of existingtests that lean on modern characterizations. The post-modern approach will serve as aconceptual basis for this decision and will allow any work performer to choose his standingin the work market. This is a subjective decision that puts the work performer at the center,ithout being dependent on the employer, and by doing so realizes the essence of labor laws.In the practical aspect, the current research paper might be of applicable value for bothlabor law researchers and judges who seek to address various target audiences.Researchers and judges must consider the dominant components of the offered paradigmand examine how to define the work performer in the most appropriate way
Jönsson-Leclerc, Alexandra. "Les politiques de la conciliation entre vie familiale et vie professionnelle en Europe : une comparaison entre la France, la Suède et le Royaume-Uni." Paris, Institut d'études politiques, 2011. http://www.theses.fr/2011IEPP0039.
Full textThis comparative analysis reconstitutes the conditions of emergence and institutionalization of public policies regarding the conciliation of family and professional life in France, Sweden and the United Kingdom at the beginning of the 20th century and during the 1960s, before questioning their evolution in the recent period of the 1990s to nowadays. Focusing on the forms and justifications by which governments have chosen to intervene in the organization of care services for young children and of parental leave measures, the analysis insists, on a first level, on the structural differences that dominate the national cases historically. On a second level, a series of recent gradual changes are demonstrated, following in the three cases a common pattern: One part forms a process of “defamiliasation”, indicating an intensified public involvement in the care of young children at the same time as an increasing variety in the provision of care services. The other part translates a process of “parentalisation”, pointing at a new public involvement in the organization of domestic care work within the family in order to favour parents’ professional participation as well as a more equal sharing of care responsibilities between women and men. The similar redefinition of the boundaries between public and private in the three countries indicates a convergence-trend, spurred by a more egalitarian public conception of gender relations. Considered in the context of an intensified European integration, this trend shows how European public policies are becoming ever more interwoven displaying a case of Europeanization where the influence of Europe can be neither certified nor excluded
Ngnia, Njike Reine Myreille. "La notion d'ancienneté du salarié : approche comparative des législations française et camerounaise en droit du travail." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30002.
Full textSeniority in both French and Cameroonian legislations is taken into account either due to legal, conventional or contractual dispositions. Two principals are used to quantify seniority. One is the criteria of “continuity of services” meaning that the employee's seniority will be acknowledged throughout the contract until its term. The other is the principle of “effective work”; the worker's seniority should only be taken into consideration when the accomplished task corresponds with the criteria of effectiveness. A new definition of seniority has been proposed with the hope that in the two countries another dimension could be given to the concept. Seniority should be recognized by the States throughout the employee's career. It should be “seniority in employment”. All working period not rewarded by the employer should be by the States. This definition of seniority would certainly be of a financial weight but it could contribute in both countries to reduce to number of the unemployed
Maul-Sartori, Mathias. "Droits européens d'information relatifs à la relation de travail : la directive 91/533/CEE et sa transposition en droit allemand, français et britannique." Nantes, 2007. http://www.theses.fr/2007NANT4006.
Full textThe present doctoral thesis examines directive 91/533/EEC and its Implementation in France, Germany and Great Britain. The directive confers rights upon employees to be informed about the essentiel points of their employment relation. The employer is obliged to put the information down in writing and to transmit the document to the employee. The information can take the form of a written contract or a unilateral statement by the employer, called "Nachweis" in Germany and "written particularities of employment" in Great Britain. The information can also be transmitted on a document originally serving other purposes. This is the case in France, where the payroll record containing the necessary information assures the transposition of the directive in the first place. The analysis addresses the subjects, who is an employee in the sense of the legislation, which are the essentiel points of the employment relation to be covered, the formalitiei imposed and their enforcement by way of reference to an employment tribunal. It demonstrates the purposes of the information, which to improve the transparency of the labour market and to protect workers against infringement of their rights. Legal consequences of the information rights are presented, their influence on the rules to apply, how they result in compensation and fines or helps the employee to prove his working conditions in legal procedures. The requirements made by community law and its interaction with national law are scrutinised. Where community law preserves national prerogatives, the different solutions developed in France, Germany and Great-Britain are presented and compared
Billion, Pierre. "Economie, travail et relations inter-ethniques : l'intégration socio-économique de minorités laotiennes en France et en Amérique du nord." Rennes 2, 1999. http://www.theses.fr/1999REN20022.
Full textGérard, Christiane. "L'insertion des jeunes à la vie professionnelle en droit français et en droit allemand." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30017.
Full textThe aim of this thesis is to give a detailed description of the integration of young people in the professional world in france and in germany. This integration comes about through vocational training, and through special contracts arising from various employment policies with no vocational training. The aim of this study is two-fold. Firstly the different channels, which enable the young to find employment, are researched and analysed. Secondly a comparison is made between france and germany, concerning these channels and where they lead to. By these means, a decision can be made as to how efficient this integration is, in the face of a job market which is becoming increasingly difficult to enter, especially for young people looking for employment for the first time. This thesis doesn't only study the legal instruments which exist in the two countries, but also includes historical, sociological and economic aspects, with a view to giving a comprehensive overall picture
Niki, Bokanga. "La force obligatoire de la Convention collective de travail en droit français et anglais." Université Robert Schuman (Strasbourg) (1971-2008), 1992. http://www.theses.fr/1992STR30004.
Full textThis study highlights the legal means assuring the enforcement of the collective agreements in french and in english law. However, the non contractual nature admitted for the collective agreement in Great Britain made vain the undertaking of a pure study of the positive law. Legal theory has enabled the overcoming of epistemological obstacles the theory of plurality of legal orders, has been used as a grate for for analysing the sanctions provided by the state and the autonomous (industrial relations) legal orders. These sanctions have been distinguished as negative and positive
Edon, Cyriaque. "Participation des femmes en couple au marché du travail : une comparaison européenne." Paris 2, 2008. http://www.theses.fr/2008PA020054.
Full textMichel, Stéphane. "Les ripostes patronales à la grève en droit français et allemand." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30021.
Full textIn France and in Germany, employers' ripostes to a strike are numerous. Employers can react to a strike by trying to carry on the production or by deciding to temporarily close down the firm (lockout). Ln certain cases, company managers have as well the possibility to take disciplinary actions against their employees, or to give them money as a bonus for assiduity to work in order to influence in their favour the balance of power between their employees and themselves. The problem is that in each of these two countries, these reactions, based on the running power and the disciplinary power, are more and more often taken over from or cumulated with the submission of a case to the court decided by certain judges. Magistrates are then placed in the heart of the collective working industrial dispute. The appeal to emergency interim proceedings or to the judge of commun law reveals itself to be a very effective employer's riposte to a strike. Ln particular, the implementation of civil liability, or indeed even penal liability of those who are implicated in the industrial dispute, tend to take a considerable importance in both French and German laws. However, it's only just an analogy. Both laws are actually deeply different concerning employers' ripostes to a strike. Globally, German employers seem to be in better position than French employers when retorting to a strike
Rizavi, Sayyid Salman. "Analyse de l'emploi du temps : approche théorique et analyse comparative de quelques pays." Paris 1, 2010. http://www.theses.fr/2010PA010016.
Full textKhristova, Andreana. "Intégration européenne, déterminants sociétaux et insertion professionnelle des jeunes : une comparaison Allemagne, France, Italie et Royaume-Uni." Nancy 2, 2003. http://www.theses.fr/2003NAN20006.
Full textHernández-Contreras, Carlos. "Le droit du licenciement dans les pays du traité DR-CAFTA et le Panama : Étude comparative du licenciement aux États-Unis, l'Amérique centrale, la République dominicaine et le Panama." Paris 1, 2013. http://www.theses.fr/2013PA010276.
Full textCourtois-Champenois, Estelle. "Le droit du travail américain, un droit de l'entreprise : contribution à l'étude comparée des sources du droit du travail français et américain." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32026.
Full textThe American plant is an autonomous legal order, self-governed, which unifies the law of the workplace. The best interests of the corporation are confused with those of the employer. Unlike French law, it is not a law built on legal tradition. Traditionally, the study of the law governing the American workplace is limited to labor relations law, that is, the regulation of union-management relationships. However, this description doesn't fully refect the ambivalent nature of the law governing the workplace. Neglecting the legal sources that the French law favors, the American law governing the workplace mainly arises out of either the manager's right to control or a collective bargaining agreement negotiated between the union and management. This law is less a " labor and employment " law as understood by the French law than it is a private " of the shop "
Zheng, Aiqing. "Les libertés et droits fondamentaux des travailleurs en Chine : critique et perspectives au regard du droit français et des normes internationales." Paris 1, 2004. http://www.theses.fr/2004PA010326.
Full textAlfadel, Abdessalam. "La loi applicable au contrat de travail international : étude comparative du Règlement Rome I et du droit international privé jordanien." Reims, 2010. http://www.theses.fr/2010REIMD001.
Full textThe growing internationalization of the employment relations leads us to wonder about the question of the law applicable to contract of employment. Contrary to Jordan law, the article 8 of the Rome I Regulation devotes specials rules of conflict of laws for this contract. An individual employment contract shall be governed by the law chosen by the parties. Such a choice of law may not, however, have the resulted of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law that, in the absence of choice, would have been applicable. In this hypothesis, the contract shall be governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract. Where the law of this country cannot be determined, the contract shall be governed by the law of the country where the place of business through which the employee was engaged is situated. If the contract is more closely connected with other country, the law of this country shall apply. In spite of the existence of certain observations concerning the articulation and the interpretation of the dispositions, this resolution seems today the most appropriate to govern the contract of employment
Neron, Sylvain. "L'obligation de paix sociale aux États-Unis et en France : étude de droit du travail comparé." Toulouse 1, 2008. http://www.theses.fr/2008TOU10025.
Full textThe industrial peace is the main objective of the American labor law. In France, an implicit obligation is equally the matrix of the labor law. Nevertheless the reality of this obligation is completely different in both countries. But nowadays the convergence of these laws appears unavoidable. Concerning the American labor law, although the collective agreement permits to secure the collective agreement by limiting the resort to the strike or to the judge, the lack of a continual and plural dialogue encourages the opposition between th employer and the union. .
Hascoët, Marie. "Le contrat de travail précaire en droit italien : droit comparé italien et français." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32035.
Full textStudying insecure work contracts in Italian labour laws raises a first question for the French readers. According to Italian labour laws, "work contract" is common to the field of "subordination" and to the field of independence as well. This study aims at analysing both models. In the field of "subordination" the insecure work contract remains a fixed work contract. The comparative study shows that the legal framework of the contract is not the same in French and Italian laws. Such differences are due to opposed legislative policies: limiting insecure unemployment according to the French law; promoting jobs even at the expense of insecurity according to the Italian law. Italian labour laws advocate a liberal legislative policy to make resorting to fixed term contract easier. Convergent contractual guarantees are still provided for in French and Italian labour laws so as to maintain minimal stability and prevent improper use of the contract. In the field of independence, "parasubordination" is the standard for job insecurity. Italian labor laws put in contract "parasubordination" with a specific independent work contract, a "parasubordinated contract". In spite of various reforms, the contract remains uncompleted and a factor in insecurity. On the contrary, French laws does not offer a homogeneous construction of "parasubordination. " Hence, a comparative study of the two frameworks is relevant
Venkatasamy, Tarasvedee. "La responsabilité civile des syndicats et de leurs représentants en cas de conflits collectifs du travail : essai de comparaison des droits anglais et français." Université Robert Schuman (Strasbourg) (1971-2008), 1991. http://www.theses.fr/1991STR30015.
Full textAll strike causes damages. The aim of this study is to analyse the legal techniques used to face such situation. The study of the english and french systems, shows that in this field, the civil liability affecting sanctions and remedies appears as the most appropriate legal instrument. On one hand, it assures prevention or suspension of damages, and on the other hand, the employer or third party may obtain compensation for damages resulting from strikes. However, the implementation of civil liability of trade-unions, and their members encounters some diffidulties, which are linked to the particular nature of industrial conflicts as well as to the necessary protection of the "rith" to strike. The analysis of the two systems shows that both at the level of compensation and prevention or suspension of damages resulting from strikes, several solutions are similar and the legal reasoning not basically different. However, it remains that the english law has reached a degree of case law and statutory's extension of the civil liability of trade-unions and their members which the french system has not come to
Jabbour, Rhéa. "La discrimination à raison de l'apparence physique (lookisme) en droit du travail français et américain : approche comparatiste." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010310/document.
Full textThe obsession with looks is predominant in our societies. The question of looks-based (weight, height, general attractiveness, attire, hair style, hygiene, piercings or tattoos, .. ) discrimination or lookism in the workplace is a multi-disciplinary question in relation to legal, social, ethical psychological, and business-related aspects, having a global and historical impact. Stereotypes are directly reflected in the job market (mainly in recruitment, salaries, promotion and firing). Has an employer the right to only hire tall and thin woman, to prohibit piercing or jogging or even (fire a woman for being too 'attractive'? In which cases and jobs? Should we legally prohibit lookism? How can the law and case law create a balance between the rights and liberties at stake? This thesis will shed the light on (i) the international, European, French and American (federal, sta1 and local) legal framework; (ii) major obstacles to a lookism-prohibition (difficulty of proof subjectivity, absence of a defined legal category; the employers' counter-arguments, ...), (iii) the reactions of American and French case law; and (iv) will conceive an ideal law, in balance between the rights and interests at hand. One question arises : is the law sufficient by itself? Does society changes the laws or is it the other way around?
Vassy, Carine. "Le travail en équipe à l'hôpital : comparaison de l'organisation de six services de neurologie en Allemagne, France et Grande-Bretagne." Paris, Institut d'études politiques, 1997. http://www.theses.fr/1997IEPP0036.
Full textA cross-national comparison of the organisation of six hospital wards in Germany, France and Great-Britain presents many national differences. These differences have been analyzed as the result of national institutions and norms. Functionalist and culturalist interpretations of cross-national comparison are criticized. Some similarities in teamwork in the three countries are highlighted. The quality of the relations between physicians depends on their respective career trajectories. On the other hand cooperation among nursing staff is good if there is a general agreement on the organisation of nursing work. Lastly the quality of relations between doctors and nurses depends on the results of negotiations of the division of work and the kinds of patients who are admitted to the wards. These cross-national similarities stem from the use of the same technical knowledge, identical hierarchical subordination between physicians and nurses, and career patterns which vary from one profession to another, but are the same in the three countries. The study of the links between professions and organisation is of the highest importance in order to understand teamwork. It is impossible, however, to explain the variety of cooperation and conflict observed by the sole analysis of national institutions and links between professions and organisations. The quality of teamwork depends also on the choices of the members of the team (for example which patients are admitted for treatment), especially the chief of service and the head-nurse. On a theoretical level, our research has gone beyond the classical stategic analysis of organisations, which gives the priority to the study of endogenous variables of the organisation, and it has shown that exogenous variables (national institutions, local environment) also influence teamwork in hospitals
Hennig, Linda E. "Lebensführung im Spannungsfeld von muslimischer Religiosität und Berufstätigkeit : Weibliche Berufsbiografien in Frankreich und Deutschland." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAG021.
Full textThis study focuses on the subject of conduct of life among Muslim women, from the second generation of migrants, and health and social professionals in France and Germany. Our starting point was the observation of a tension between women's professional activity and Muslim religiosity. We analysed how this relationship of tension occurs in biographies and how the conduct of life establishes a compatibility between religion and work. By comparing six contrasting cases drawing on a reconstructive methodology (objective hermeneutics) we identified three types: "life conduct with a fusion of spheres", "life conduct with a separation of spheres" and "life conduct with flexible boundaries between spheres". This thesis shows different forms of reconciliation between religion and work and is therefore a contribution to the scientific discourse on the integration of women of Muslim origin into the labour market
Boroumand, Armin. "L'exploitation des enfants par le travail en droit international, européen et iranien : étude normative comparée." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA001.
Full textChild Labour and Child Exploitation in International, European and Iranian law (a Comparative Legal Study): According to the ILO’s Convention No. 182, all forms of slavery or similar practices, such as debt bondage and serfdom, trafficking, forced labour and compulsory recruitment of children for use in armed conflicts appear among the worst forms of child labour. The aforementioned Convention classifies all these concepts into a singlecategory which may give rise to a possible ambiguity. The aim of this thesis is to shed light on the nuances of each of these notions in international, European (in particular, Council of Europe) and Iranian law. This thesis consists of two parts. The first part deals with theevolution of the international, European and Iranian Legal framework in the fight against child labour in general. The second part particularly focuses on grave forms of child labour of economic nature which require a specific legal regime
Giappichelli, Gaia. "I poteri di controllo e sorveglianza sui lavoratori in Italia e Francia : limiti e tecniche di tutela." Paris 10, 2008. http://www.theses.fr/2008PA100017.
Full textManagerial power, which is "inside the labour law", is above all a simple fact, a prevailing influence that can be exercised by the employers on their employees. Over time managerial power has evolved as a result of increases in the "opportunistic behaviours" that have been pursued by employees, behaviours that arose as result of an evolution in production tasks. In response to the opportunistic behaviours, employers strengthened , the intensity of the hierarchic controls and used to their own advantage the disciplinary measure menace. This increase of employer power, particularly recognizable in the temporary work or in the work schedules, matches with a structural weakening of labour law. I analyze a types of managerial power, including the powers to monitoring, schedule, to set work norms around working conditions. Moreover, to shed greater light on the matter I pursue a comparative analysis, contrasting the French and Italian cases. What is interesting about these two cases is that they both have similar conceptions of the employee, while also being influenced by the construction of the European Union, which is trying to harmonize national differences pertaining to labour law. Despite these similarities, however, we find that the construction of managerial power has evolved differently over the last 30 years
Allègre, Guillaume. "Les compléments de revenu en faveur des travailleurs pauvres : Revenu de solidarité active : évaluation ex ante d'une réforme." Paris, Institut d'études politiques, 2010. http://www.theses.fr/2010IEPP0081.
Full textThis thesis has two main objectives: to evaluate the Revenu de Solidarité Active (RSA) and to discuss the different ex ante evaluation methods concerning social transfer policies. The fist part uses a European comparative perspective. We question the category ‘working poor’, who are explicitly targeted by the law generalising the RSA. We show the difficulties in defining, measuring, and interpreting working poverty. Then, we estimate the individual determinants of working poverty in five European countries. We show that the face and the causes of working poverty have their specificities in each country. The relation between working poverty and tax and benefit systems are then analysed and we underline the dilemma of redistributive policies. We then show how the RSA interacts with social policies targeted to the low-wage and poor workers. The second part analyses the contribution of social experiments in the evaluation of financial incentives to work. We show that the field experimentation of financial incentives to work is subject to numerous methodological difficulties. We discuss the lessons of American experiments before evaluating the RSA experimental protocol. The third part is an evaluation of the impact of the reform using a microsimulation model. We find that 65% of the benefits are received by households from the two lowest deciles of standard of living. Finally, we estimate the impact of the RSA on labour supply. In our sample, RSA reduces employment by nearly 12 000; full-time employment is reduced by 21 000 and 10 000 part-time jobs are created
Cayado, Emmanuelle. "Les politiques de lutte contre l'exclusion professionnelle des jeunes et des travailleurs âgés : recherche comparative Espagne/France." Bordeaux 4, 2006. http://www.theses.fr/2006BOR40052.
Full textThe difficulties in gaining or returning to employment encountered by the young and the older Spanish and French workers, represent a particularly preoccupying cas of professional exclusion which deserves a great deal of attention. In fact, the shrinking of the active labour force, the reduced birth rate coupled with an increased rate of ageing in the general population and the exclusion of young and older worker from the labour market, are all factors which may increase the risk of producing the fragmentation of the social fabric. Faced with such a situation and given the centrality of work in our societies, the Spanish and French authorities are taking a set of measures designed to facilitate access to employment. Therefore, we propose by means of comparative methodology, to determinate in what and how the above policies and measures adopted by the authorities take part in the fight against the exclusion of young and older workers from the labour market ?
Leturcq, Alexandra. "Proportionnalité et droits fondamentaux : recherches comparées sur le travail du juge américain au regard des expériences canadienne, sud-africaine et de la Cour européenne des droits de l'homme." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1006.
Full textThere is no general proportionality principle in the United States but, if not always recognized, the review appears in the Supreme Court's case law. For most part of the legal community its techniques reveal american exceptionalism. Other ones say this remark deserves some qualification in view of right's limitation. This study historically begin with the US v Carolene products case ending a period by which the Court invalidated most statutes restricting economic liberties. Thus, the Lochner Era was called « Government by the judiciary ». By the « levels of review » doctrine she found a way to prove her legitimacy, making the standard of justification depends on the nature of the right limited. This « substantial fundamental rights'constraint » rationalized her work and contributed towards a new theory of judicial review. However many jurisdictions share the same self-restraint as their american neighboor. With regard to the techniques of proportionality review, the canadian Supreme Court, the south african Constitutional Court and the European Court present several common characteristics in spite of their specific experience. Two modes of « balancing » highlight convergence and difference between those four legal systems. Stare decisis especially conditions methodological and normative coherence in the United states, having an influence on the fundamental right's constraint. It curbs differently the judicial expanding power of interpretation. According to a comparative perspective the american particularism should be revealed by their definition and their effect on a differentiated right's guarantee
Chojnicki, Xavier. "Immigration, finances publiques et bien-être dans les pays d'accueil : une comparaison France - États-Unis." Lille 1, 2004. http://www.theses.fr/2004LIL12021.
Full textFlipo, Aurore. "Les nouvelles migrations de travail intra-européennes : jeunes Polonais et Roumains au Royaume-Uni et en Espagne." Thesis, Paris, Institut d'études politiques, 2014. http://www.theses.fr/2014IEPP0052.
Full textThis dissertation investigates the definition and the characterization of “new” labor migrations within Europe. Based on a comparative analysis of young Polish and Romanian migrants in the United-Kingdom and in Spain, it uses both statistical data and qualitative analysis of migrants’ interviews. The analysis of patterns of migration within the European space shows that the diversity of national profiles can be explained by the convergence of an integrated but unequal economic space on one hand, and the rise of new intranational inequalities regarding the labor market, on the other hand. The analysis based on the countries of destination (the United-Kingdom and Spain) shows that labor market segmentation is still prevailing. It suggests that the transnational and sector-based approach is necessary to fully explain and identify globalised labor markets. The analysis also investigates the social process of segmentation and its impact on migrants’ occupational mobility, or the lack thereof. It shows that chances of mobility depend mainly on individual resources reflecting the social origin of migrants. Finally, the analysis of the links between professional integration, entry into adulthood and mobility suggests that mobility is also a kind of uncertainty, both time-related and space-related. As a conclusion, the study reveals the necessity of distinguishing between mobility practices, characterized by a growing diversity and distinct social uses in the transformed international field of free mobility; and contemporary labor migrations as a social fact, which includes in part intra-european migrations
Glaeser, Janina. "Politiques du 'care' en France et en Allemagne : étude des parcours des assistant-e-s maternel-le-s issu-e-s de l'immigration." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAG030.
Full textThis research project examines how care policies affect the social mobility of child minders with migrant backgrounds in France and (West) Germany. As an element of modern division of labour among women, the child minders’ situation influences the issue of care in the European welfare state within society as a whole. Taking biographical-narrative interviews with registered family home-based child minders in both countries as a basis, those actors are considered who enable mothers (and fathers) to go to work within the scope of outsourcing domestic housework and day care duties
Es wird in diesem Forschungsprojekt untersucht, wie care policies auf die soziale Mobilität migrantischer Kindertagespflegepersonen in Frankreich und Westdeutschland einwirken und damit, als Teil der modernen Arbeitsteilung unter Frauen, die gesamtgesellschaftliche Problematik von Care im europäischen Wohlfahrtsstaat beeinflussen. Anhand von biografisch-narrativen Interviews mit registrierten Tageseltern in beiden Ländern werden Akteure in den Blick genommen, die den Müttern (und Vätern) im Prozess des Outsourcings von Haushalts- und Fürsorgearbeit ermöglichen, erwerbstätig zu sein