Dissertations / Theses on the topic 'Actionnariat du personnel – Droit – France'
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Bruder, Amélie. "Les conséquences de l'actionnariat salarié en droit des sociétés par actions." Lille 2, 2007. http://www.theses.fr/2007LIL20002.
How can one translate into legal terms the association of employee ownership and work, when these two reality are opposed ? The employee owner is not an ordinary owner and his existence results from incitative financial mechanisms aimed at allowing employee owners to acquire their firm’s stock. Among these mechanisms, we can find reductions in stock prices, together with the opportunity to acquire such stock thanks to sums paid into a wage savings scheme. The later involve a number of tax breaks, themselves implying long term holding of the firm’s stock. Has this system consequences on constitutional principles of business law, in particular on associate’s on the notion of partnership and the principle of equality ? The consequences of the appearance of this new owner seem to be small, since in fact the principles are not basically changed, but at the most slightly modified. Conversely, studying the phenomenon emphasizes the idea that employee owners participate actively in their financing of their firm, by avoiding the need to resort to loan and by favoring capital stability. Moreover, it is clear that stock allocation to employees compensations for a slowing down in growth of salaries, which is far from negligible at a time when purchasing power seems to be on the decline. However, working in a firm, whose stock one owns may seem dangerous, unless it is possible to check the firm’s management. Does the appearance of employee owners allow such checks by workers? Although one might be tempted to believe this, the reply is negative. Since, in practice, a lack of clarity in certain texts takes this power away from the employee owners. Improvement hence seem to be desirable, to the extent that employee owners are they elements in their firm, as they allow a real corporate culture to be developed, which plays a role in promoting productivity
Pellissier, Mélody. "Droit du travail et droit des sociétés : étude d'une fragmentation disciplinaire." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0077.
Distinguishing between labor law and corporate law is a habit deeply rooted in legal practitioners. The relationship between the two is often described in terms of opposition. However, the principle of reality calls for more collaboration if one wishes to ensure the protection of individuals and promote the efficiency of institutions. This cooperation has indeed almost become imperative, as these two branches of law have not been spared by two phenomena affecting all systems, especially the legal system: disciplinary fragmentation, caused in particular by the multiplication of levels of specialization, and the development of horizontal relationships between different special rights. Consequently, whether in the development of social norms or corporate law, positive influences are at work and there are permanent points of connection: the presence of employees or their representatives within corporate bodies, the transfer of employment contracts in the event of corporate transactions, the prerogatives of personnel representation bodies during a social decision, etc. The evolution of labor law and corporate law is increasingly reflecting each other. This work explores the diversity of phenomena that can emerge from the interaction between labor law and corporate law and is particularly focused on describing a possible coordination between two areas of law designed to meet sometimes divergent, but most often complementary, objectives
Volosevici, Dana. "Analyse multi-facettes de l'intégration des salariés dans les sociétés commerciales, en France et en Roumanie." Lorient, 2012. http://www.theses.fr/2012LORIL263.
Although the classic definition of a commercial company is based on the concept of profit, the intrinsic ethical content that Weber identified in all economic behavior imposed a moral approach to business. This approach has led to the creation of a new kind of responsibility – that of the company towards its stakeholders; the concept of company evolved from contract to enterprise. Following this process, employees go beyond the role of labor and tend to fit into the logic of the company. This quest for integration is subject to a multi-faceted analysis that allows the understanding of the legal structure through the ideological impulses that generated the integrative legislative approaches. If the impulse comes from outside the relationship between a company and its employee, legislative actions will lead to a simple accumulation of rights in the employees’ patrimony, not to a real integration. Integration requires, above all, some form of balance between the values of both the company and its employees. The analysis is focused on France and Romania. The advantage of this comparative approach lies in several factors. On the one hand, their systems are similar, allowing a quantitative examination of integration. On the other hand, the integration has been motivated by different ideological impulses, which favors a qualitative analysis. Finally, their quality of EU Member States helps us understand a problem that would have been reduced the national labor law, without the context of policy choices generated by the European construction
Dondi, Jean. "Contribution à la connaissance de l'actionnariat des salariés dans les entreprises françaises." Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D015.
Employee stock ownership has developed to such an extent in france in the past few years. The first part of this thesis presents the different forms of employee ownership and the changes that have taken place; this is done first from a historical angle and comparing the american esop model, and then with respect to the provisions of the law. Finally data obtained by empirical research bring out the general characteristics of employee stock ownership and show that the various formulas lead to a variety of pratical applications. The second part of the thesis first shows the interest and limitations of the conceptual framework of property rights theory. Data obtained by empirical research then bring out the different objectives aimed at in setting up an employee stock ownership policy. It also establishes that setting up employee stock ownership in a sample made up of the top 200 french companies leads to differences in economic performance. This analysis ends with a study of the relations between company strucutre and employee stock ownership
Abdelkefi, Drira Mariem. "Les Augmentations de capital réservées aux salariés en France." Cergy-Pontoise, 2010. http://www.theses.fr/2010CERG0439.
The work performed in this Ph. D. Thesis is focused on the study of several aspects of employee’s equity issue of French listed firms. To begin with, a set of related empirical studies were carried out in the framework of this Ph. D. Research work and resulted in shedding the light on the determinants of the likelihood the importance of employee’s equity issue and the effects of such issues on firm’s performance in short and long terms. Firstly, we proved that the employee’s equity issue likelihood does depend on a set of parameters including the firm size, the firm risk and the entrenchment indicators. Furthermore, at the level of the importance of the offer, we established that this issue can be justified by the need to attract the less risk adverse employees and by the managerial entrenchment. Secondly, this thesis does give an appropriate explanation of the French stock exchange market reaction to an employee’s equity issue announcement. Indeed the results of the performed event study show that employee’s equity issues are informative. Investors welcome favorably the announcement. Finally, based on appropriate approaches and the use of several adequate asset pricing models, this research work does show that no evidence can be established with reference to any significant increase in operating and financial long run performance of the French offering companies. However, the established results show the existence of a flooring effect through the presence of an operating threshold and confirm the entrenchment hypothesis
Bruder, Amélie Dekeuwer-Défossez Françoise. "Les conséquences de l'actionnariat salarié en droit des sociétés par actions." Villeurbane : TEL, 2007. http://tel.archives-ouvertes.fr/tel-00154990.
Delcenserie, Sophie. "Les biens à caractère personnel." Paris 2, 2006. http://www.theses.fr/2006PA020058.
Cohen, Patrice. "Le droit à l'information : un droit fondamental vecteur de dérives éthiques en odontologie ?" Paris 8, 2007. http://www.theses.fr/2007PA082845.
In France, for about twenty years, the field of the medical responsibility seems to us strongly linked to allowance. The right to medical information, the indisputable preliminary basis in the liberation of the consent is transformed to accompany, this evolution of the substantive law, legislative as case law. More or less, it became a real legal way which contributes to make more difficult of all health obligations practitioners. After analising the specificities and the differences of every stage of information, we will show that, if we can't lean on ethical basis, the risk of deviation exists in odontology. We will discover that the processes have been triggered of and succeeded. Either, consciously and in controling the marketing technics, the professionals of odontology, will counter-instrumentalise the medical information in a purely economic objective, either more unconsciously, the odontologists, reassured by many epidemiological studies directed in public health will change their daily practice towards a normalisation of all their gestures and their communication to finish with a health care completely normalised to respect the new rules of society of the "cheerful totalitarianism"
Desgranges, Marc. "L'obligation de confidentialité dans le droit de la représentation du personnel." Paris 2, 2002. http://www.theses.fr/2002PA020038.
Landot, Éric. "L'intérêt personnel des élus locaux en droit administratif français." Paris 2, 2000. http://www.theses.fr/2000PA020087.
Bernard, Marie-Luce. "Droit du travail et gestion du personnel : recherche sur des interferences." Bordeaux 1, 1991. http://www.theses.fr/1991BOR1D015.
When it's a matter scarching conjonctions between work law and personnel management, two trends of opinion, which constitute the two parts of the thesis, can be picket out. At first, work law was received, perceived like a contraint, because one of its functions is to restore the balance between employers and salaried employers. The coming of jurists in the firm has transformed this initial vision and law has become an instrument in the service of the personnel management. This "instrumentalisation" of law gave birth to new practices the legislator couldn't be unconcerned about. That's why the second part, through meaningful examples, demonstrates how the legislator can react to these new practices by rejecting them or by integrating them
Tournaux, Sébastien. "L'essai en droit privé." Bordeaux 4, 2008. http://www.theses.fr/2008BOR40040.
The trial period is a secular technique known with regard to the concept of sales in Roman Law. There was a marked development of that technique in labour law in the 20th century, but we also find some examples in family law, in criminal law and in company law. Besides, for some decades the trial period has come to represent a specific mode to enact norms of "experimental laws". In spite of its enduring character, attempts at making the juridicial notion of trial period the rule have been rare. They have all approached the trial period more from the point of view of its practical function, trying to identify its original nature to justify the option of free revocation which is inherent in the concept of the trial period. By using the most elaborate model of trial period, namely the trial period in the contract of employment, the present study aims at researching into the specific elements of the legal notion of "trial" and to deduce from this a useful and coherent juridical system
Ipcar, Myriam. "Le nouveau droit du licenciement pour motif économique." Montpellier 1, 1992. http://www.theses.fr/1992MON10003.
The present law concerning the dismissal for economic reason is the result of successive rules of national and communal origin. The law presents new aspects as for its domain and application, and its dispositions, not only relative to them dismissal itself but also to its framing make it be a consistent whole
Barrière, Louis-Augustin. "Le statut personnel des musulmans d'Algérie de 1834 à 1962." Lyon 3, 1990. http://www.theses.fr/1990LYO33017.
During the french period ofalgeria, euven if application of metropolitan law was considerably widened, some local law ruces continued to exist, especially in moslim family law. French legislator and judges however try to reduce tmis particularism. In the first place they attempt to reduce the application of local law ratione personae by means of inequal internal conflict of law rules and of the rechnics of law option which could be special or general - this last was bound to access to citzensmip during a time. In these optics too, some authors try to prevent the enforcement of the particular personal status in the mother conntry, and some other authors wismed to appcy the code civil rules to muslins which became converted to christianity. In the second place, french legislator and judges attempted to modify personal status rules with the help of very various proceepings. These reforms lead to change the local family law, originally grounded on the lineage family, for the benefit of the state and of the individual, especially of woman, of the child and of the incapacitated person. The algerian legislator continued this work after independence
Mosquera, Claudia. "La responsabilité du fait de la prestation des services de santé : analyse comparative du droit colombien et du droit français." Nantes, 2015. https://archive.bu.univ-nantes.fr/pollux/show/show?id=93d4a8be-e8d1-47a8-937a-0650b2ba9d33.
The medical act increasingly complex and technical, has a vocation to heal. However it may also harm without any fault of its author or of the service that supported the patient. So when the patient or his successors suffer from material or moral damage by virtue of medical procedure, the law through mechanisms of repair and compensation judicial or extra - judicial attempts to provide solutions. The avant-garde French law in matters of medical and hospitable liability, and in matter of medical damage repair has been questioning since years already on the recognition and support of such damages. Thanks to this long reflection process, the Law of 4 March 2002 on patients' rights and on the quality of the health system has seen the day in France. Colombian Law, while it possesses the legal principles close to the French system, has just begun to examine these issues. It still does not possess its own legal system dedicated to medical damage compensation. Moreover, the judicial recognition of some damage is still very low. This thesis allows to compare the solutions adopted by the French law and Colombian law to provide reflection points for Colombian lawyers
Poulain-Rehm, Thierry. "Contribution à la connaissance de la politique de stock-options des entreprises françaises cotées : approche quantitative et qualitative." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40012.
Gabellieri, Bruno. "Le régime complémentaire de retraite et de prévoyance des cadres, institution du droit économique." Nice, 1987. http://www.theses.fr/1987NICE0015.
In analysing the graduated pension and provident scheme for executives in connection with economic law, this thesis aims at a better understanding of the legal nature of this institution. Economic law considered as an analysis method and the retiring and provident scheme for executives analysed as part of economic law, make it possible, from the beginning, to compare the scheme for executives with the main characteristics of economic law. The whole study will therefore lie on the instrumentalistic (practical) characteristic of economic law. Firstly, this basic characteristic of economic law leads to an interesting approach of the past and recent origins of the executive scheme. The necessary historical development leads then to the analysis of the setting up of the national collective bargaining agreement of march 14th, 1947 based on the minutes and the original documents of the national round-table negociating commission (commission paritaire nationale de negociation). Secondly, the analysis of the various components of the scheme is based on the instrumentalistic characteristic of economic law. The 1947 collective bargaining agreement is first of all studied as the legal contractual backing of the scheme, then, as a new formal source of the economic law with the notion of collective agreement for retirement. Then, the organic structures of the scheme are analysed always under the light of their particular instrumentalistic characteristic. The conclusion of this thesis aims at revealing the contribution of the executive scheme to economic law. The institution of the scheme first leads to a thorough analysis of the theory of the foundation of the institutions of economic law on the one hand, and to a better analysis of their constitutive elements on the other hand. Secondly, the scheme contributes to a definition of economic law as an anti-thesis of the liberal legal pattern, showing no more distinctions between "public" and "private" law, but the emergence of a law system of economic organization at the service of man. Lastly, this thesis tries to emphasize the contribution of the scheme for executives to the definition of the autonomy of economic law, thus revealing a new theme in economic law : retiring and provident schemes
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.
The 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
Perrier, Guillaume. "La participation des salariés à la gestion de l'entreprise : Réflexion sur les rapports entre le droit du travail et des affaires." Paris 2, 2005. http://www.theses.fr/2005PA020054.
Roebben, Jean-Dominique. "Gestion des ressources humaines et Brevets." Paris 2, 2005. http://www.theses.fr/2005PA020081.
Montravers, Béatrice. "Essai sur l'intérêt personnel des époux dans le régime de la communauté." Université Robert Schuman (Strasbourg) (1971-2008), 2001. http://www.theses.fr/2001STR30001.
According to sociological surveys, the members of a contemporary couple long to keep their singularity and claim their personal blossoming. The marriage institution which is widely in competition with cohabitation must come up to the expectations of modern couples in order to remain attractive. Within the bounds of matrimonial systems, it is suitable to express in legal terms the will of each member of a couple to preserve his or her own identity. As for the sharing of powers and wealth, the point is then to look for the best way of securing the own interests of the spouses, of avoiding the interests of one of them to be forgotten and even injustifiably given up. Independance in the administration and pledge of the spouses'after-acquired property will be then a main concern. It does not seem desirable however, to replace the present system of community of property by the separation of matrimonial property or the sharing of after-acquired property, as those statutory systems do not ensure the spouses any contribution or a contribution postponed until the dissolution of their marriage. In fact, taking into account the own interests of the spouses implies both their best independence and their widest contribution. The subject of this thesis has therefore been to look for a better compromise between those two contradictory aims. To improve the independance of the spouses, we notably propose to create a category of joint property subject to the administration and sole pledge of the spouses because of its private nature. We correlatively foresee to extend or, on the contrary, to reduce the field of the spouses'contribution depending on whether their respective independance should or should not be more important than their contribution to the administration of after-acquired property and to their wealth
Salou, Eugène. "La prevention du risque conflictuel en droit du travail." Rennes 1, 1987. http://www.theses.fr/1987REN11006.
Labour legislation could help to provide a juridical system suitable to reduce conflicts. A company should organize a peaceful coexistence, in order to avoid being forced, by excessive actions by the staff, to jeopardize its economic requirements. An employer has to adapt to syndicate movements, while knowing that a logic necessity exite between syndicalisme and politics, and that he has to act accordingly. The economic crisis entails the trade-unions'mobilization for the employment problem. An employer ought to adapt to circumstantial behaviour and discussion. If necessary, syndicate representation could be limited by restrictive criteria in determining the eligibility of those who may pass the threshold. Information provided by an employer,as well as the rules of collective discipline, habe to be adapted to the social partners. The checking of absenteeism does not preclude a system of medical counter-inspection. By adhering to the company's scheme, an association of the social partners can be obtained. If obligatory participation is inefficient, well-defined objectives habe shown to be an advantageous method to interest employees. Employee share-holding might be a peaceful solution. Juridical difficulties due to the liberty of the companies and to the competence of their sections can be solved. Employee participation in the business capital has to be planned harmoniously. By elaborating a social evolutive status, a solution can be found to the problems faced by those responsible for the achievement of labour contracts. At the beginning, during or at the end of a collaboration, compromises must be negociated, in order to avoid conflictual procedures. Individual merits can be taken into account by a system of dynamic remuneration. Very often, the social climate deteriorates for lack of will to explore different solutions. Juridical choices are only one aspect of a vast problem which has to be grasped by a pluridisciplinary and complexe approach
N'doye, N'deye. "Le licenciement pour motif personnel en France et au Sénégal : [étude de droit comparé]." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00766980.
Nobili, Anne. "La qualification du personnel de l'officine pharmaceutique." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32036.
In exchange for a drug retail distribution monopoly, which is consented to them in the interest of public health, chemists are subjected to many obligations. In particular, these obligations consist of qualifications requirements for people working in chemists' shops. They concern, first of all, chemists whose long and high level university education is a guarantee of competence and the quality of the pharmaceutical act (part i). They also apply to other members of the chemist's staff. Only certificied assistants can carry out preparation and distribution operations, under the chemist's supervision (part ii). This is the principle of "personal exercise" which required the chemist, when he doesn't carry out these operations himself, to carefully supervise them. Then, in virtue of this principle, a chemist must be present in the chemist's shop to ensure that a member of a medical profession is always available (part iii)
Chanal, Danièle. "Les cadres : contribution à l'étude des contradictions et de la pertinence d'un statut en droit du travail." Lyon 3, 1995. http://www.theses.fr/1995LYO33002.
Within salaried people executive are apart. Defining them constitutes a major difficulty even if collective agreements are giving precise elements of definition. Thus, concerning this category of salaried people, one of the main difference is that individual labor contract is much more important than collective rules. Therefor executive are valued as much regarding the advantages of their functions as regarding their high involvment in the management of the enterprise. Besides this they are less protected than the other working people. From an individual point of view, anecessary faithfu ll relationship with thier employer and the possible involvment of their own responsability are constitutuing a precario us situation. But a quite incertitude threatens as well the whole category because their specifications appear less obviously than in the past. This is the reason why a decision of the legislator would be necessary to precise more clearly the main components of the status
Viottolo-Ludmann, Agnès. "Égalité, liberté dans le contrat de travail : évolutions du droit contemporain." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32068.
Al-Kandari, Fayez. "Le contrat médical en droit français et koweitien : étude comparative." Strasbourg 3, 1996. http://www.theses.fr/1996STR30018.
No one can object that there exist a "medical contract", this contract could be formed between a patient and a liberal practitioner. But when should this contract exist? What are its legal consequences?. Throughout a comparative study, my thesis tends to answer these questions according to the civil law in france and kuwait. It is composed of two major parts, in the first part, i have studied the formation of the medical contract. The conditions of the contract validity that are related to both parties have been the subject of study in the first titre. Both the patient and the practitioner should issue a liberal and clear consent(chapter I), they should have a legal capacity (chapter II). The second titre has been dedicated to study the conditions of the validity of the contract itself. The contract should have both licit object (chapter I) and cause (chapter II). In the second part of my thesis, i have studied the contents of the medical contract. The first titre discussed the obligations of the practitioner; along with the principal obligation to provide the medical treatment to the patient (chapter1), certain obligations, considered as accessories, are imposed on the practitioner (chapter II). The patients obligations have been the subject of study in the second titre; the patient is obliged to collaborate with the practitioner (chapter I) and to pay the full fees (chapter II). Prior to the study of the medical contracts formation and contents, i have tried to draw the attention on a part called the preliminary part related to the existence of the contract. Theis part studied the recognition of the contract in the french and kuwaiti law (chapter I), its legal characteristics and nature (chapter II), and the importance of its existence (chapter II)
Abeille, Etienne. "Le dialogue entre la loi et la jurisprudence dans le droit de la responsabilité médicale." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32016.
Above all, except some scattered and incomplete texts, medical disputes issues are binded by case law and jurisprudence. In theses matters, court decisions helped in not only answered personal issues but also ruled what can be called the medical liability rights. However, under french medical system, rules can only be made by the congress and not the judge. That’s the reasons why the congress intervened to challenge some contradictory court decisions that couldn’t lead to a clear applicable rule. One of congressists’ achievments was to help victims to be indemnified as quick as possible. This massive intervention and offensive of the law of 2002, made contrast, frontally, with the former situation dominated by case law decision. In fact, this situation leads to the classical issue of the difference between rules edicted by the law or by the court decisions
Ndebi, Luc-Robert. "La participation des salariés à la gestion et aux fruits de l'expansion de l'entreprise en droit français : référence ou repoussoir en droit camerounais." Paris 13, 1992. http://www.theses.fr/1992PA131009.
The wage earners intercourse in management and growth rates of an entreprise by various concepts bring a feeling of motivation among the wage earners. They feel like they are all for one common aim and in the same perspective. Thence so this is particularly effective and true in third wold countries. The involvement of the wage earners in their firm's life presented socio-economics advantages for camerounians entreprises, which were more beneficial on a social plan than the ones insitituted during the colonial time. Nevertheless the massive importation of this institution isn't conveniant. The principle of sacrament tend to, as for as cameroun is concerned, create rights that must grant to the wage earners. Those rights come originately from the contract which provides rights such as; being able to get a part of the firm's profits, being informed and heard. . . Cameroun and its wage earners defenately needs it
Moréno, Patricia. "Le régime juridique de l'aléa en matière médicale." Paris 10, 2004. http://www.theses.fr/2004PA100070.
Kanga, Bienvenu. "Entreprises en difficulté et droits des salariés : de l'illusion au désespoir." Paris 13, 1993. http://www.theses.fr/1993PA131015.
The aim of this thesis is to study the mechanisms for the protection of employees in firms in cresis; in this manner it raises the question of infiltration of employment laws into business law and the dissolution of the former for the needs of the latter. Section i deals with the study of collective employment laws for workers in everyday running of a company and in the context of civil law. There is an emphasis particularly on the problems brought laws for workers in everyday running of a company and in the context of civil law. There is an emmphasis particularly on the problems brought by the rules governing amicables settlement for firms in difficulty and the inefficiency and perverse effect of power for initiative and control given to personnel staff by the march ist 1984 law. Section ii assesses the law maker's failure in his willingness to the maintain the running of businesses, employment safeguard and the balancing liability. This employment safeguard is found to be utopic for in reorganising civil law, in its first article, the 25th january 1985 law has given priority to the rescue of companies and this has resulted in severe employment loss accentuated by an unfavourable economic climate and use of judicial redressment as a normal management tool giving precious opportunities to certain companies' bosses. Employment is more than accentuated in that the re-training of the work force for new careers is purposeless. The only comfort is that wages are well protected by the ags
Anahory, Michèle. "Les aspects juridiques du dossier médical personnel." Montpellier 1, 2006. http://www.theses.fr/2006MON10025.
Jean-Amans, Philippe. "Contribution à la connaissance de l'élaboration du programme individuel de formation dans le cadre de la loi du 4 mai 2004 : l'exemple du secteur aéronautique et spatial en Midi-Pyrénées." Toulouse 1, 2006. http://www.theses.fr/2006TOU10027.
This research aims at increasing our knowledge of the development of the individual programs of training since the law of 1971 while passing by the White Paper of nicole Pery, until the law of May 4, 2004. Since the signature of the interprofessional agreement of September 20 2003 which led to the promulgation of the law May 2004 device of Continuous Vocational training reforms, many questions emerged as for the implementation and use of the DIF (Individual Right to the Formation) by the companies and the employees, and this in accorda,ce with the orientations fixed by the legislator. A model of analysis is developed and tests several assumptions relating to the effectiveness of the practices within the framework of the management of the individual Programme of Formation within the companies of the Pole of Competitiveness AESE (Aerospace industry and Spaces-Systems Embarked in Midi-Pyrénées). An empirical study is undertaken near the Pole of Competitiveness AESE and more particulary to started from a sample of 25 companies representing more than 25 000 employees. The main results highlight that the setting in action of the DIF is increased when the company has a developed service human resources and a person in charge formation. In this direction, the use of the DIF is in positive relation with the population of women employees in the company and finally, the presence of a person in charge of training programs is favorable to the communication on the DIF. The principal contributions of this research are an approach of the individual program of formation, through the effective installation of the DIF and the test of the model of our research
Fillette, Jean-Luc. "L'inaptitude physique du salarié : contribution à une conception personnaliste du contrat de travail." Montpellier 1, 1995. http://www.theses.fr/1995MON10017.
This thesis is about the legal system applicable to the inapt employee. In the beginning, the code du travail (wich collects together the various legal provisions in french labour law) did not include laws relevant to inapt employee. But today, it contains protecting rules for employees applicable whatever are the health reasons of his her incapacity for work : the contract of employment can be suspended during the employee's absence or he she can be regraded. This also explains the choice of dismissal, even wehn the employee is not able to return to work. The elimination of contract law notions such as lapsed afgreement is therefore logical and can be well understood. This thesis undertakes the personal conception of the contract of employment's defence
Abdel, Nour Joseph. "The effect of employee ownership on audit fees, auditor independence and earnings management : evidence from France." Electronic Thesis or Diss., Aix-Marseille, 2020. http://theses.univ-amu.fr.lama.univ-amu.fr/200407_ABDELNOUR_601e813hbqqyh297jdc660bt_TH.pdf.
Employee Share Ownership (ESO) refers to a compensation practice through which an employee’s wealth is directly tied to their companies’. It provides their representation in the board of directors and has several effects on the individual, corporate and macroeconomic levels. This doctoral thesis discusses the effects of employee ownership on accounting and audit practices in France, the country that has the most developed ESO in Europe. The first chapter provides a general introduction to ESO schemes and other shared capitalism arrangements in France and in the world. The second chapter focuses on agency costs and audit fees, and finds a negative U-shaped relationship between ESO and both variables. It indicates that ESO aligns the interests of employees with those of shareholders, but also acts as a managerial entrenchment mechanism. The third chapter finds that ESO reassures the company’s stakeholders about the auditor’s independence and allows managers to benefit from their auditor’s joint-engagement benefits by purchasing more non-audit services. The fourth chapter studies earnings management through discretionary accruals and reveals that earnings management in France is rather used opportunistically by managers. It also finds that ESO helps decreasing the manipulation of earnings and reduces the opportunism of the discretionary accruals. The final chapter summarizes the thesis’ results and presents its contributions and limitations. This doctorate dissertation contributes to research on corporate governance by studying ESO’s effect on agency costs from several perspectives
Planche, Maëlle. "De la rue au foyer : une analyse sociologique des trajectoires de mères sans logement personnel." Paris 5, 2010. http://www.theses.fr/2010PA05H013.
Social treatment for homeless mothers is a typical way of homelessness treatment, resulting from separation of competences between the State and the department. Leaving from this report, this PhD aspired to study the process of selection between situations, from maternity to shelters. In maternity, selection distinguished between three kinds of treatment fit with three sorts of shelters. The study of the process of selection shows that difference hold to contengencies link to the local context, the « referential system » of social workers and the possibilities of relashionship between social workers and mothers in maternity. Into the three kinds of shelters, treatment reveals a same norm about autonomy, but different types of treatment according to references of welfare system for child protection. The analysis of principle of work in each kind of shelter reveals variation into conceptions of limits between private and public intervention, but a same general way : the right of intervention onto parentality, while homelessness is released on private sphere. The PhD conclude that women are not more protected thanks to their maternity, but because of the system of social protection which refuse to accept that women might be in the street. More, it reveals a system where based on a new form of thinking norm of action into society
Hély, Matthieu. "Le travailleur associatif : un salarié de droit privé au service de l'action publique." Paris, EHESS, 2005. http://www.theses.fr/2005EHES0054.
This work intends to show that voluntary activity is providing a contribution to the labor sector and that nonprofit activity has become an employment sector. A sample of employees that provide State services (not paid for and not controlled by the State) have been taken as representatives of nonprofit workers. The first section develops a collection of different features of the voluntary situation : it is supported by an analysis framework. The second edition studies different types of employee social reality. Their level of income is independent from qualification and valued skills differentiates them from usual employees. Moreover, they are non-state workers with work obligation but no work protection except what is required by labor agreements. In conclusion, the nonprofit worker stands in the middle of oppositions such as paid/unpaid worker and profit/non-profit, making it impossinle to consider him as an univocal reality or if not, it would be a misrepresentation
Saïdi, Kamel. "Conflit entre la loi française et le statut personnel des Algériens musulmans : du conflit interpersonnel au conflit international." Paris 10, 1992. http://www.theses.fr/1992PA100110.
The study turns on the influence of the decolonization over the French and Algerian relationship concerning personal statute. The question is to establish symmetry between colonial law and international private law. The decolonization didn't set up a real breaking off within the solutions: it has changed the nature of the conflict without changing anything as for the nature of the debate. The problematical point remains unchanged since the defended thesis in colonial law of mohammadan law irreducibleness restricts its acceptance in french legar order. The recourse to the rule of common law conflict indicates the passage from the interpersonal conflict to the international conflict at the same time as legal relationship are normalizing. The determination of algerians mohammedan nationality is previous to the study of the conflict of laws. The application of common law shows the divergence between the two legislation and raises the difficulties of coordination. Indeed the extension of french categories of marriage and divorce is far from screening allthat separates them, thus, the respect of personal law must falloof when fondamental values or the coherence of local legal order are threatened. Therefore we state the wearing away of personal law through the intervention of laws applying immediatly or of the international law and order. Necessity for thinking of the factor of the common domicile become timely
Kern, Alexander. "Perspectives on employee stock ownership in France, Germany, and The United States of America." Electronic Thesis or Diss., Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1105.
Firstly, this research examines shared capitalism, the theoretical and historical development of employee participation, and ownership rights. Secondly, the thesis analyzes empirically perspectives on employee stock ownership. First, the period from the 19th century until the beginning of the 21st century in Germany is researched. We attempt to answer the question: "Did policy makers in Germany want to create a society of owners?" During the research we prove the hypothesis "Employee ownership was a criterion of Germany's founding fathers in order to stabilize Germany socio-economically after the Second World War." We confirm it through a qualitative study of historical archive researches. In Germany, there is clear evidence that founding fathers pursued "Wohlstand für Alle" through citizen's shares. Second, this research examines the relationship between employee stock ownership and the weighted average cost of capital. The thesis analyzes the conflict between internal and external stakeholders, which is represented through a company's stock price assuming an efficient market. We hypothesize: "A higher percentage of shares held by employees causes a lower WACC." This is confirmed through a quantitative fixed effect panel regression model in the case of the Société des Bourses Françaises 120 index and Standard & Poor's 500 index
Bugada, Alexis. "L'avantage acquis en droit du travail." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32003.
The notion of accrued benefits is an ambivalent one and occasionnally likes to the vested rights. Its calls for the use of complicated procedures. Several mechanisms governing its creation and defending its preservation militate against its precarious nature. Among these mechanisms which create these benefits, the idea of social public policy encourages the developpement of multiple sources of benefits, especially at the firm level. In the case of multiple sources of benefits, those most favourable to the employee must be applied the accrual of benefits is depend upon the enforcement of this "most favorable" rule and enables the emergence of a very interesting employee status that needs to be strengthened. Individuals rarely renonce these rights. Occasionally, in collective bargaining situations, employee as a group will agree to renonciation in exchange for something else in favor of the job but this raises considerable difficulties. When a juge has to decide wich benefits are the most favorable will he compare them globally ? if the answer is affirmative, some benefits might disappear unnotice. Nevertheless, the use of unforseen circumstances is no use to employers seeking more flexibility. The principle forbbiding retroactivity permit the rule to be strenthened. Finally, many conservatives forces act against the disappearance of accrued benefits. Each source of rights (contract, collective bargaining agreement, statute. . . Has its own rules concerning modification. The employment contract is a very good mechanism to protect accruded benefits, especially wages which are sometimes incorporate into from, for instance, collective bargaining agreements. Taken as a whole, the spectre unemployment accentuate the conflicting argument which places in opposition the rights of employees and management's right to control
Montlaur, Olivier. "La relation entre employabilité et responsabilisation des acteurs : le pari de la réforme de la formation professionnelle continue." Toulouse 1, 2005. http://www.theses.fr/2005TOU10061.
On the 7th of April 2004, the French national assembly adopted, with 339 votes “for” and 163 votes “against”, the government bill relating to training all the way through life. The renewal of a system over 30 years old had became essential with regard to the new economical pressures. Actually, the current technical and organizational mutations, the competition always increasing, have relegated the original idea of a permanent education to an old and inappropriate concept. The European authorities, promoting the idea of training all the way through life, have highlighted the new issues of training, which is, from now on, in the centre of employment policies. The member states, including France, have adapted this notion to the internal level, putting the emphasis on the protection of employability which is an economical urgency. Effectively, and even if apparently, the bill of the 4th of May 2004 is not a global reappraisal of the training law, an upheaval of the balance of the system is taking place. Actually, one of the great principles that underlay the original system, which is the opposition between training plans and individual rights of employees, is being swept in order to give way to the notion of co-responsibility in training. This last idea is more and more contractualized, devoting the idea of co-investment, which was in embryonic form for about 15 years. Similarly, logic in the training course is now necessary to protect employees from breaking-off in their careers. The aim is the protection of employability. But to reach it, it is necessary for actors to be more aware of this question, and to grab hold of means put at their disposal by the law. Because the real bet of the reform is to give a sense of responsibility to employees, employers and above everything, social partners whose role, reaffirmed, consist in adapting and ameliorating the system
Adam, Patrice. "L'individualisation du droit du travail : essai sur la réhabilitation du salarié-individu." Nancy 2, 2001. http://www.theses.fr/2001NAN20006.
Jacquelet, Cédric. "La vie privée du salarié à l'épreuve des relations de travail." Paris 2, 2006. http://www.theses.fr/2006PA020049.
Lhuilier, Gilles. "Essai sur l'acte juridique normatif d'entreprise." Paris 10, 1993. http://www.theses.fr/1993PA100154.
Luisin, Bernard. "Action administrative et intérêts privés : étude de jurisprudence." Nancy 2, 1986. http://www.theses.fr/1986NAN20009.
The role of public administration is to conciliate the necessities of public interest with the rights and liberties of the individual. In doctrine and jurisprudence, it is this rule which generally sums up the relations between administrative action and private interests. This point of view is contradicted by the study of these relations throughout public administrative jurisprudence pronounced since the end of the last century. In actual fact, public interest appears to be the result of arbitration between various private interests. Our method has been, in part one, to define the terms "administrative action" and "private interests". These terms are then analyzed, descriptively in chapter one and distinctively in chapter two. Having defined the two key terms of the subject, it was then possible to examine the role of interests in public administrative jurisprudence (part two). The systematization of relations between administrative action and private interests can be described as follows : private interests seek the intervention of public administration but also impose constraints on its action (chapter one). As far as public interest is concerned, it legitimizes the advantages granted to private interests as well as the sacrifices demanded of them. Keeping in mind the fact revealed by our research that public and private interests are undeniably linked, these apparent contradictions no longer apply. Consequently, the pursuit of public interest may be identified with an arbitration wherein public administration valorizes one or another category of private interest. Since public interest is materially indeterminate, the object of arbitration is unlimited and the primacy of organic criterion demonstrates that public administration is alone qualified to decide
Morlaas-Courties, Maud. "L'indemnisation des victimes d'accidents médicaux." Montpellier 1, 1999. http://www.theses.fr/1999MON10001.
Ben, Abdelhamid Abdelmehdi. "Corporate governance and employee ownership : evidence from France." Electronic Thesis or Diss., Université Clermont Auvergne (2021-...), 2021. http://www.theses.fr/2021UCFAD016.
This doctoral work examines the way employee share ownership influences the governance and strategic choices of a company. The first chapter of the thesis presents an inventory of the literature on employee share ownership and corporate governance. This review helps to develop the conceptual foundations on the research questions addressed in the thesis. Chapter 2 assesses the impact of employee share ownership on the entrenchment of CEOs in their jobs. The measures of managerial entrenchment in our research are the age, seniority and turnover rate of the CEO. Our empirical study examines the majority of French companies making up the SBF 120 stock market index and the methodology of generalized moments (GMM) is implemented. Essentially, the results show an inverted U-shaped relationship between employee ownership and CEO entrenchment. We also show that the presence of employee shareholder representatives on boards of directors or supervisory boards also has an impact and varies the inflection points of the relationships observed. Chapter 3 examines the impact of employee share ownership and its representation on the board of directors on a company's cost of capital. The study focuses on the companies in the SBF 120 index. The empirical results document the increase in employee ownership which results in an increase in the cost of capital up to a certain level, and that subsequently this relationship is reversed. The results converge and show that variations in employee share ownership and the presence of employees on the board of directors significantly affect the cost of equity of the company and therefore implicitly influence the value of the company. Chapter 4 examines the impact of employee share ownership on the level of environmental responsibility of companies. The results show that a positive relationship exists between employee share ownership, employee involvement in boards and corporate environmental responsibility scores. Finally, this research sheds additional light on the consequences of employee ownership in the French context
Aicardi, Laurence. "Restructurations d' entreprise et relations collectives de travail." Toulouse 1, 2001. http://www.theses.fr/2001TOU10043.
Examination of salaried workers' collective rights in the case of corporate restructuring requires both good knowledge of salaried workers' rights with regard to restructuring, and the effects of restructuring on workers' rights. Salaried workers have limited powers over corporate restructuring : staff representatives are merely informed and consulted as to the operations envisaged. Conversely, corporate restructuring can affect salaried workers' rights considerably : staff representation rights, financial rights and rights relating to labour agreements may hence be seriously undermined, rights originating from employers' standard practises and unilateral commitments. Only established rights in terms of pension schemes, contingency funds and workers representatives' patrimonial rights are able to resist restructuring
Le, Clainche Julien. "L' adaptation du droit des données à caractère personnel aux communications électroniques." Montpellier 1, 2008. http://www.theses.fr/2008MON10063.
Géraud, Marie-France. "L'opération de recrutement : analyse de droit économique." Nice, 1995. http://www.theses.fr/1995NICE0038.