Dissertations / Theses on the topic 'Actionnariat du personnel – Droit'
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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.
Full textBruder, Amélie. "Les conséquences de l'actionnariat salarié en droit des sociétés par actions." Lille 2, 2007. http://www.theses.fr/2007LIL20002.
Full textHow 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
Nyassogbo, Tino. "Intuitu personae et opérations de capital." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G034.
Full textIn the blueprint of traditional classification of companies, the concept of intuitu personae is considered a useless concept in regard to corporations’ transactions. However, due to financial considerations of investment funds and pension funds that provide important capital, intuitu personae astonishingly makes a return into Corporate Law. Intuitu personae is a Latin expression meaning “the reputation of the person”. It is a polymorphic concept. Consequently, it’s identification in capital operations is not easy task and requires the analysis of techniques implemented by the legislator through approval clauses, preference shares or universal transmission of wealth operations. The concept reveals its strengths and weaknesses in regards to Corporate Law. This rediscovery of the concept of intuitu personae also raises questions about its role in the new directions of the societal landscape. Intuitu personae weakens the definition criteria of the company. It affects the traditional functions of capital shares and establishes itself as a mutation factor. Its impact is significant in the context of Corporate Law crossed by conflicting currents. Therefore, this study proposes to conceptualize the changes made by intuitu personae in capital transactions. In this regard, the intuitu personae contribute to the modernization of Corporate Law
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.
Full textDistinguishing 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.
Full textAlthough 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
Hoffmann, Nicolas. "Les dispositifs de l’actionnariat salarié : réflexions sur les objectifs du législateur." Electronic Thesis or Diss., Le Mans, 2024. http://www.theses.fr/2024LEMA2002.
Full textEmployee shareholding is based on an assumption — seldom challenged until recently — that it acts as a 'pacification factor.' However, there are several methods to implement such a strategy.One school of thought advocates an 'associative' approach, aiming to distribute capital more or less equally among employees, thereby enabling them to legitimately participate in governance bodies, such as the board of directors. In contrast, another perspective treats employee shareholding primarily as a financial instrument, serving as a compensation tool tailored to the individual circumstances of each employee.An analysis of the legal framework reveals a broad adherence to this second approach. Similar to employee savings plans, this philosophy endorses the use of employee shareholding as a tax optimization instrument, which raises questions about the foundations of the legal tools favored to achieve this goal. This situation is further complicated by the clear incompatibility of the various government objectives regarding employee shareholding
Lee, Barbara Windgate. "Productivity and employee ownership : the case of Sweden /." Uppsala ; Stockholm : Almqvist & Wiksell international, 1989. http://catalogue.bnf.fr/ark:/12148/cb37361726z.
Full textBruder, Amélie. "L'actionnariat salarié : avantages financiers, représentation démocratique des actionnaires salariés au sein des instances dirigeantes /." Paris : Aumage éd, 2008. http://catalogue.bnf.fr/ark:/12148/cb41208083d.
Full textLa couv. porte en plus : "ce livre est la synthèse d'un travail de thèse universitaire...". Le dos de l'ouvrage porte en plus : "4" Index.
Caramelli, Marco. "L'actionnariat salarié : ses effets sur la performance des entreprises et des attitudes des salariés au travail dans le contexte des grands groupes /." Paris : Aumage éd, 2008. http://catalogue.bnf.fr/ark:/12148/cb41427960r.
Full textLa couv. porte en plus : "ce livre résulte d'un travail universitaire...". Le dos de l'ouvrage porte en plus : "5" En appendice, choix de documents. Bibliogr. p. 171-175.
Rebeiz, Camille. "Actionnariat salarié : motivation et création de valeur." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32070.
Full textCombining finance and human resources, the research deals with employees who may wish to better understand the opportunities they can find within companies, both in terms of profitability than risk, also for financial managers, human resources, shareholders and other partners. Either in daily life of companies, or at events such as legal modification, accounting or management that businesses are facing today. The research dealt with the issue of mergers and acquisitions, sale, or even business shutdowns as well as the valuation of firms that has a significant employee ownership, where the concepts of value and employee empowerment are very present. Employee ownership is the core of this research in which the reasons for the loyalty of employees to their firm is discussed. The research is looking for a relationship between employee ownership and performance. Beyond the problem of business valuation, we also thought useful to carry out a number of investigations that tend to seek the effects of employee involvement on the company's financial results. The empirical research was conducted on a number of companies that are or were a part of Paris Stock Exchange index CAC40. Our results have been partially encouraging; revealing a correlation between employee ownership and performance. Regarding the hypothesis of the impact of the employee ownership on the stock market performance has not been verified. The last chapter focuses on an investigation into the perception of employee savings in Lebanon. The results showed that the human resources function is still marginalized in Lebanon. The survey showed that the Human Resources management is not regarded by stakeholders as a strategic partner, and is not seen as contributing towards the creation of value. Moreover, the interests of employees are not taken into account when managing the Lebanese companies: Employees have very limited opportunities for advancement and development, and their remunerations are not always proportional to their efforts. These companies are characterized generally by a lack of efficiency in the social management. These factors lead to serious malfunctions, especially at the social level where the clash between the workforce and shareholders led to some social tension, lack of motivation, reduced productivity, which will negatively affect the performance of firms and prevent them from benefitting from a desired growth
Laland, Pierre. "L’association financière des salariés à la performance de l’entreprise." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020056.
Full textAt the crossroads between civil law and corporate law lies the notion of remuneration. Modelled on the contract of employment, remuneration can turn into a tool to share profits with the employees according to the performance of the company. Sharing profits with the employees according to the company’s performance is a multifaceted action. Its first effects appear within the scope of the labor code: the notions of individual and collective meet to give a first draft of profit sharing. Salaries and employee savings plans are at the core of profit sharing. On the contrary, employee share ownership presents a twofold position: employee and associate. Profits then become perfectly shared
Hulot, Jean-Claude Duchêne Gérard. "Actionnariat, comportement et sélection des entreprises roumaines en transition." Créteil : Université de Paris-Val-de-Marne, 2007. http://doxa.scd.univ-paris12.fr:80/theses/th0405403.pdf.
Full textDondi, Jean. "Contribution à la connaissance de l'actionnariat des salariés dans les entreprises françaises." Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D015.
Full textEmployee 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
Hulot, Jean-Claude. "Actionnariat, comportement et sélection des entreprises roumaines en transition." Paris 12, 2007. http://www.theses.fr/2007PA123016.
Full textRomania has undergone a gradual reform. The corporate ownership has been impacted by a privatization process based on various methods. Following a decade of transition, the shareholding of the largest Romanian companies confirms that some ownership forms that were initially considered as temporary have survived. Such conditions allow conducting research on the links between ownership and firms’ adjustments. Some restated financial data related to a sample of Romanian furniture companies are used to assess ownership effects on firms’ performance. The impact of macroeconomic instability is taken into account. The labour and wages adjustments are determined. Management-Employee Buy-Out companies have achieved a significant performance and the expected dissipation of added value is not observed. The outsider-owned companies’ performance is highly variable, which may be explained by the unselective privatization process. The analysis goes more in-depth by comparing employee-owned firms to newly-established and outsider-controlled companies. A sample of 730 firms is analyzed. The behaviour patterns in terms of production, labour, surplus distribution and financing strategies are analyzed over a five years period. The labour force and wages adjustments do not confirm the risks that are often associated to employee-owned companies. Those firms are less profitable than the newly-established and outsider-controlled ones, while their performance is less variable. Their financing strategies are less risky too. Employee ownership should not be neglected under conditions that can be compared to transition
Caramelli, Marco. "Une étude des effets de l'actionnariat salarié dans le contexte de l'entreprise multinationale : une approche attitudinale interculturelle." Montpellier 2, 2006. http://www.theses.fr/2006MON20230.
Full textThe purpose of this research is to study the effects of employee share ownership on employee attitudes in the context of the French large multinationals. After reviewing the literature on that practice and on the relevance of cultural values on the attitudinal effects of management practices, we have done a qualitative research. Its aim was to explore the world of employee ownership in the French large groups through a series of semi structured interviews with different actors. We have therefore proposed a theoretical model of the processes by which employee ownership may affect some employees’ attitudes such has motivation, satisfaction and affective commitment, as well as hypotheses about the moderating effect of some cultural variables. A quantitative study has been undertaken with surveys administered to a sample of employees of French multinationals. The results contribute to the socio psychological literature on employee ownership by presenting some new evidence on the employees’ perceptions on employee ownership schemes in the specific context of the large multinationals and through its cross-cultural approach
Maurin, Florence. "L'évolution de l'épargne salariale." Montpellier 1, 2004. http://www.theses.fr/2004MON10037.
Full textRomon, Frédéric. "Les relations actionnariat dividende et cours boursiers : études de cas et études empiriques sur le marché français." Lille 2, 1997. http://www.theses.fr/1997LIL2A001.
Full textRaad, Ghada. "L'influence de l'implication organisationnelle sur l'intention d'adhésion à l'actionnariat salarié." Caen, 2006. http://www.theses.fr/2006CAEN0632.
Full textBen, Noamene Tarek. "L'actionnariat salarié et la performance financière de l'entreprise." Nice, 2009. http://www.theses.fr/2009NICE0026.
Full textIn this research our purpose is to clarify the relationship nature between employee ownership plans and corporate performance. Our analyses are based on different theory corpus specially the economic literature, the corporate governance theory and human resources’ management literature. We adopt a quantitative approach in order to examine the effect of employee ownership plans on French corporate performance. Our investigation results lead us to invalidate the positive relationship supposition between employee ownership plans and corporate financial performance
Iampolski, Christine. "Distributions d'actions gratuites et dividendes en espèces." Grenoble 2, 1998. http://www.theses.fr/1998GRE21001.
Full textThe thesis studies the financial decisions of stock distributions and is composed of two parts. In the first part, we present the conceptual and theorical context of stock dividends and stock splits, and we studie the influence of these practices on stocks' prices, liquidity and risk. In a second part, we notice a substitution effect between stock distributions ans cash dividends : managers have a tendency to pay a weaker cash dividends than the other managers who never realise stock distributions. We propose and test two explanations for this substitution effect. The tax explanation suggest that managers compensate a weak level of cash dividends with a stock distribution in order to restrict the exposure of their shareholders, with higher marginal tax rates, to the heavy cash dividends' tax. Yet, the shareholders are free to sell the received shares after the stock dividend or the stock split in order to satisfy their needs of cash without affecting the composing of their portfolio. The second explanation is based on the hypothesis of control : when they distribute shares gratuitously and propose a suitable cash dividends' level, dominant shareholders increase their control on the firm, in so far as the others shareholders have to sell some shares to satisfy their needs of cash
Rapp, Thomas. "L'épargne salariale : Étude des nouveaux instruments et comportements d’épargne." Paris 9, 2007. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2007PA090034.
Full textThis thesis analyzes, from both theoretical and empirical points of view, the influence of ESOP plans on employees’saving choices. Chapter one gives a generic definition of the employee stock ownership concept and presents a classification of this financial tool. It proposes a survey of the literature on the particular function of employees who benefit from employee stock participation plans and on the efficiency of fiscal measures that come with ESOPs. The second chapter deals with a theoretical model of portfolio allocation where employees can invest in a stock participation plan. We show that ESOP mecanisms do not often have expected effects and can lead employees to cope with huge risks. The third chapter presents an empirical analysis of employees' investment behaviors in a French firm. We show the existence of particular behaviors which are linked to bonuses paid by the firm. The fourth chapter focuses on the crucial influence of two main aspects of the employee stock ownership's supply. The diversity of funds offered and the nature of the relationship between employees and the portfolio manager both influence saving behaviors in ESOPs
Michel, Nicolas. "La gestion des actifs humains : le cas des hommes clé." Paris 9, 1999. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1999PA090021.
Full textAubert, Nicolas. "Les déterminants des investissements des salariés dans les fonds communs de placement d'entreprise d'actionnariat salarié." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32030.
Full textOur research is motivated by an observation. Employee Ownership is a form of savings that is becoming more and more sought after these days. The concentration of the employee savings into employee ownership is becoming stronger. These evolutions translate into a fact: employees facing a savings menu tend to choose Employee Ownership. The high exposure to risk of the employee-shareholders might have some consequence for their assets and their job. For companies, the cost of this exposure to risk can also be high. These observations have led us to wonder about the causes of employees’ investments in their company stock. Thus, this research tries to answer the question: Which are determinants of employees’ investments in their employer’s stock? We will specifically focus on the case of Employee Ownership in the French company savings plan (PEE). We can find several results through the empirical study. The exploratory phase shows the influence of the French legal system on the investment choice of employees. It makes it possible to identify four groups of determinants of employees’ investment in their company stock: the employee stock purchase plans, the context of employee savings, the company’s and the employees’ characteristics. Concerning the results of the quantitative analysis, they deal with the effect of several dependent variables on three dimensions of the employee investment decision of a company that is quoted on the stock exchange. We first of all analyze the decision of participating in the employee stock purchase plan. For those employees who have subscribed to the employee stock purchase plan, we will then study the determinants of the amount invested. The dependent variable is the total amount of the subscription to the company’s stocks. Finally, we analyse the relationship between the dependent variables and the exposure to employee ownership. The dependent variable is thus the percentage of the total employee savings invested in employer’s stocks after the employee stock purchase plan. Most of the obtained results are significant and similar for the three decisions that have been considered (the participation, the intensity of the participation and the concentration of savings into employee ownership). However, some results diverge indicating the different nature of three decisions that have been analyzed
Abdelkefi, Drira Mariem. "Les Augmentations de capital réservées aux salariés en France." Cergy-Pontoise, 2010. http://www.theses.fr/2010CERG0439.
Full textThe 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
Armengaud, Laurence. "Suicide et droit." Rouen, 2000. http://www.theses.fr/2000ROUEL362.
Full textMage, Gwenaëlle. "La transmission de l'engagement personnel." Thesis, Université Clermont Auvergne (2021-...), 2022. http://www.theses.fr/2022UCFAD003.
Full textThe transmission of personal commitment, considered as the transmission of receivables, debts and contractual positions, fundamentally reveals an opposition between the subjective and the objective conceptions of obligations and contracts that was not finally determined by the ordinance n°2016-131 from the 10th, February 2016, reforming contract law, general scheme and proof of obligations. The scope of this text included passive personal commitment, completing an old, tried and proven mechanism for the transmission of receivables. When it comes to transmission, one could consider that the personal commitment could be viewed more for its value than only considering the relationship. However, the study of the transmission legal regime reveals that the subjective conception of the personal link is still topical. The first consequence of this difficult accommodation between approaches is that this original transmission of interpersonal relationships is devoid of any established legal basis. As a second consequence, it creates unjustified obstacles to the transmission, especially when the commitment is transmitted in its passive form. In all circumstances, the subjective intuitus personae criterion, adopted under positive law, stands as a barrier that must be overcome. In response to these challenges, the demonstration of an objectified property, called "linked", expressing the rights of a party over its commitment, allows this transmission while providing a more adequate legal regime. This regime, based on the real risk of the planned operation, emancipate itself from the personal relationship. Therefore, the proposed unitary analysis provides a technical basis to the phenomenon, borrowing from property law while integrating the singularity of interpersonal relationships
Hunter-Henin, Myriam. "Pour une redéfinition du statut personnel." Paris 1, 2001. http://www.theses.fr/2001PA010328.
Full textRémond, Antoine. "L'épargne salariale dans le capitalisme financier : un mécanisme de régulation improbable." Paris 13, 2007. http://www.theses.fr/2007PA131035.
Full textThis doctoral dissertation refutes the interpretation that wage-earners’ savings can be seen as a regulation mechanism in finance-led capitalism. From a historical perspective, wage-earners’ savings stems from a liberal vision of the economy. It is an instrument meant to flexibilize labor and a mechanism of forced savings. It weakens the as you go retirement systems and increases the role of capitalisation based retirement systems. This evolution results from a change in the power relationship between labor and capital in favor of the latter. Investment funds managed by workers and labor unions cannot emancipate from the domination of finance, and cannot change in a significant way the behavior of firms with respect to social and environmental goals. Employee ownership is an instrument in the hands of managers to increase their control of firms, and does not lead to a more balanced power relationship among firms’ stakeholders
Musso, Aurélie. "La disponibilité du statut personnel et familial." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0555.
Full textHistorically it is not under the scope of its availability that the personal and family status is examined, but through the prism of its inalienability, the latter having determined the main lines of domestic and international private law for many years. Nevertheless, the liberalisation of individual and family law keeps gaining ground to such an extend that we might be in front of areversal of the principle and exception. Steady at first, the growing availability of personal and family status was highly reinforced when the XXIth Century Justice Modernisation Act came into force. This act notably delegalised the forename modification process and mutual consent divorce, as well as demedicalised the rectification process of one sex on the civil status register. Nowadays, it is to some extend worth considering the personal and family status as available to individuals. Furthermore the European Court of Human Rights and the EU Law have atremendous influence on personal and family law, including filiation law. In many cases, the proportionality test principle and the rising recognition of de facto or legal situations allow individuals to voluntary escape what should have been legally bounding them. Public policy and domestic laws are thus weakened and legal tourism encouraged. This legal machinery is all the more troublesome because it seems difficult to regulate. Only a suprational cooperation, which is delicate to implement, might contribute to efficiently suppress its effects
Sellam-Gillès, de Pélichy Laetitia. "Approche des spécificités des groupes publics." Toulouse 1, 2009. http://www.theses.fr/2009TOU10056.
Full textAt first sight it seems that ordinary law is widely applicable to public groups of companies. The majority of the dispositions of the French Trade Law (Code de Commerce) and the French Labour Law (Code du Travail) are drawn to apply to public companies and to their subsidiaries. Furthermore, the submission of public groups of companies to the European law also reveals their merger with companies of the private sector. In fact, the Rome Treaty binds public groups of companies to competition rules and especially to the state aids' provisions. Nevertheless, it appears that some particular laws or decrees depart from the ordinary law. The law of democratization of the public sector dated 26th July 1983 (Loi de démocratisation du secteur public), is the most significant text. Moreover, if the European law principle of prohibition concerning State aids concerns public companies as well as companies of the private sector, the shareholding relation between the State and public groups of companies necessarily leads to some adjustments to State aids law. Lastly, the stronger and more numerous controls exercised on public groups of companies, as well as the privatization and its modalities, represent real specificities. Indeed, these rules are intrinsically bound to public groups of companies belonging to the public sector, and as such non-existent in common law
Brillet, Franck. "Les déterminants des pratiques salariales : l'exemple de l'individualisation des rémunérations, de l'intéressement et de l'actionnariat." Tours, 1997. http://www.theses.fr/1997TOUR1010.
Full textThe 1990ies saw radical changes in the nature of wage structure and wage determinants. Actually, we can observe that it exists changing basis of pay in the strategy of the remuneration. Full of new technics appears in the management of the remuneration and the subject of this research is : which determinants influence the strategic pay ? In this research, we seek explanations for some of the key changes and for some of the different theories, of the past years, as well as a better understanding of the permanence and implications of those changes and of those different points of views. Second we realise an empirical study to find some of theses determinants and to focus our attention to three technics of remuneration. In this pluridisciplinary review of literature and in an empirical study we test a model to better define the real influence of these determinants on remuneration. We will try to show how much importance is given to this internal dimension thoughout the traditional studies wich exclusively put forward the environmental and external aspect of the company in order to understand the wages phenomena. The purpose of this research is to shed light on some issues by providing empirical results and empirical evidence on the extent of real wage determination between wage structure, union effects, size or age. . . Another purpose is to enriching the research on global payment. It also enabled us to see which main theories were used in order to better understand the field of wages, which results were obtained and which teachings we can benefit from (the contemporary wage theories)
Sudrie, Christian. "Délégué médical et droit social." Paris 10, 1990. http://www.theses.fr/1990PA100045.
Full textThe representative in pharmatical products is the essential support of the medical information. The only legal text defening his profession is the appendix to the national collective convention of the pharmaceutic industry. The representative in pharmaceutical products has neither state diplome her statute. The pharmaceutic laboratories use this information as one representative and impose him sale's objects though he is not a seller; this incitement to compel the doctors to prescribe induce an increase of the pharmaceutica consumtion and has a perverse result on the finances of the disease insurance. In spite of several trials for regulatery the profession of representative in pharmaceutical products still remain a wage-garner subject to common law. In 1993 what is his tuture in european community? In order to supply a good information it is possible to considerer the separation of the medical information from the pharmaceutic industry in establishing a national office of medical information
Landot, Éric. "L'intérêt personnel des élus locaux en droit administratif français." Paris 2, 2000. http://www.theses.fr/2000PA020087.
Full textCohen, Patrice. "Le droit à l'information : un droit fondamental vecteur de dérives éthiques en odontologie ?" Paris 8, 2007. http://www.theses.fr/2007PA082845.
Full textIn 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"
Garreau, Olivier. "Droit de la santé, droit à la santé." Montpellier 1, 2004. http://www.theses.fr/2004MON10038.
Full textSalou, Eugène. "La prevention du risque conflictuel en droit du travail." Rennes 1, 1987. http://www.theses.fr/1987REN11006.
Full textLabour 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
Bouhayoufi, Aziza. "Le droit électoral de l'entreprise." Thesis, Avignon, 2016. http://www.theses.fr/2016AVIG2055.
Full textCompany’s electoral law is a law in the process of development. Largely influenced by the election political law, it appeals to specific mechanisms. The particularity of company’s elections imposes the introduction of appropriate rules. This is what both the legislator and the Court of Cassation are attempting to ensure. But the major specific feature of these elections complicates the construction of a law in a clear and coherent manner. The company’s professional elections have numerous functions ; they allow employees to choose their representatives and since the law of August 20th, 2008 on the renovation of social democracy and the reform of working time, they also enable to measure the representativeness of trade unions, allowing the latter to negotiate collective agreements. Company’s electoral law has to take into account too many elements. It should articulate different functions of professional elections in the company and take into account organizational framework and issues specificities, which makes it an imperfect law
Foata, Valérie. "Contribution à l'étude du motif personnel non fautif du licenciement." Nice, 1997. http://www.theses.fr/1997NICE0029.
Full textDelcenserie, Sophie. "Les biens à caractère personnel." Paris 2, 2006. http://www.theses.fr/2006PA020058.
Full textAbi, Saleh Nathalie. "Plans d'actionnariat salarié et performance des entreprises : le cas des SBF250." Paris 1, 2006. http://www.theses.fr/2006PA010084.
Full textLaskar, Caroline. "Le pouvoir de direction des personnes en droit du travail." Nice, 2007. http://www.theses.fr/2008NICE0001.
Full textThe working relation is a contractual relation dominated by the power of the employer. This one centralizes all the powers, he promulgates the standard, he organizes the company, and he sanctions the professional neglects of the employees. Today, the power of direction does not appear any more in itself as the foundation legitimizes of any decision. The employer is henceforth forced to respect the contractual obligations and has to look for the approval of the employee. The influence of the honest notions and the contractual solidarity allowed to spread the perimeter of the employers' obligations. The reference to the contractual techniques strengthens at the same moment the rights of the employee-contracting party and the contractual obligations of the employer. The influence of the fundamental rights and the liberties of the person brought the power of direction to become more democratic. The employee-individual is dedicated, what obliges the employer to envisage a new exercise of its power
Kassia, Bi Oula Joachim. "L'acquisition a crédit des biens d'équipement personnel en droit ivoirien." Nice, 1993. http://www.theses.fr/1993NICE0015.
Full textCorack, Luc. "Le Statut des sapeurs-pompiers professionnels en droit français." Rouen, 1995. http://www.theses.fr/1995ROUEL240.
Full textProfessional firemen are territorial civil servants. The first part of the thesis sets out their statuary frame. The second part highlights the specidicity of their status. It emphasizes (the fact) that they could have enjoyed a special status. At the moment, they have a specific status
PARVIN, FARHAD. "Conflits internes et conflits internationaux en matiere de statut personnel, droit iranien et droit francais compares." Paris 11, 1996. http://www.theses.fr/1996PA111005.
Full textThe purpose of this research is to study between french law and iranian law apropos of personal status in conflicts of laws including internal conflicts and international conflicts. In short, the provincial conflict of french law is disappearing, but slowly. On the other hand, the religious conflict of iranian law is very active. With regard to international private law, resemblance is decreasing gradually between french law and iranian law. In iranian law, nationality and supremacy of islamic law are very important. Howerver, in french law, because of intervention a number of international conventions and plurality of judicial factors like domicile and proximity, foreign law has been lost a great deal of his importance. Especially if it has some juridical institutions incompatible with franch society
Bernard, Marie-Luce. "Droit du travail et gestion du personnel : recherche sur des interferences." Bordeaux 1, 1991. http://www.theses.fr/1991BOR1D015.
Full textWhen 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
Ben, Ayed-Koubaa Hanen. "L' impact des mécanismes internes de gouvernance sur la qualité de l'information produite et divulguée par l'entreprise : cas du SBF 120." Paris 1, 2010. http://www.theses.fr/2010PA010060.
Full textMoskalu, Violeta. "Une analyse socio-cognitive de l'impact de l'actionnariat salarié sur la création de valeur des entreprises françaises cotées." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0380/document.
Full textAl-Kandari, Fayez. "Le contrat médical en droit français et koweitien : étude comparative." Strasbourg 3, 1996. http://www.theses.fr/1996STR30018.
Full textNo 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)
Tournaux, Sébastien. "L'essai en droit privé." Bordeaux 4, 2008. http://www.theses.fr/2008BOR40040.
Full textThe 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
Pan, Huifen. "Core-Staff-Based ESOPs : a new concept of employee share ownership in China." Thesis, Université de Lorraine, 2021. http://www.theses.fr/2021LORR0022.
Full textOur underlying thesis focuses on the development of employee share ownership plans in China (called ESOPs as below). We attempt to fill knowledge gaps, search for a truth behind stereotypes, revise performance analyses, and study the organizational ecology of ESOP development in the specific contexts of China. For this, we construct our theoretical framework with the theories of organizations and decision-making, and apply specific big data skills for empirical studies. Our findings reveal that isomorphic structuration has not occurred between Chinese firms and western firms due to China’s specific environments. However, two ESOP mechanisms having emerged in different periods can be merged into one new model called Core-staff-based ESOPs, because of the similarity in structures, objectives and procedures. Distinct from broad-based or executive-based ESOPs, this particular ESOP mechanism requires participants’ qualification, involving the participation of senior executives, directors at the middle level and any other employees that make particular contributions to firms. In a society where traditional values conflict with new ESOPs’ inherent properties, we explore ESOP firms’ motives with institutions, firm characteristics, and performance analyses. Our findings reject coercive impacts and risk-taking desires in worrisome situations but support the effects of firm specificities and particular institutional policies, which would have encouraged a specific group of Chinese firms to challenge. We also contextualize the agency cost model with the resource-based analyses in prospects. Based on the regressions conducted with 119994 firm-quarter panel data during 2006-2018, our results confirm the positive effects of Core-staff-based ESOPs in improving firms' performance, reducing business risks, and increasing firms' market values in the normal business situations. Finally, we capitalize employees’ contributions in the multi-capital potential and unveil the roles of “Core-staff-based ESOPs” in innovation, which enable Hi-Tech firms to increase their survival chances and enhance the innovation ecosystem’s efficiency as a whole