Dissertations / Theses on the topic 'Conditions de travail – Droit – France'
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Mananga, Francisco. "La dimension juridique des conditions du travail dans le secteur de l'intervention sociale." Lille 2, 2006. http://www.theses.fr/2006LIL20014.
The social labor is an activity based on humans relations. This means that a useful and intellectual organization has to be set up. This sector includes many professions working in private associations and in public offices. Concerning the social law, it seems to be necessary to approach the question of the working conditions and to wonder about a possible adaptation of this law to the social workers. Indeed, the special features of the social work, the particularities of users, the derogatory applications of the working law and also the manner in which some social workers practise. . . Need to be considered. If the application of the equivalence hours is deeply questionable, the legislation upon the responsibilities seems to be of an appropriate application, in spite of the fact that legal protection of the social workers remains hypothetical. So this study aims to question the opportunity of applying the general principles of the social law in this sector but no necessary derogatory
Giraud, Baptiste. "Faire la grève : Les conditions d'appropriation de la grève dans les conflits du travail en France." Paris 1, 2009. http://www.theses.fr/2009PA010313.
Eisele, Jean-Paul. "Les conditions de la clause de non-concurrence en droit allemand et en droit français." Nancy 2, 1999. http://www.theses.fr/1999NAN20002.
Martinez, Isabelle. "L'intégrité physique du salarié dans la relation de travail." Bordeaux 4, 2001. http://www.theses.fr/2001BOR40005.
Thomas-Buchet, Sylvie. "La condition juridique des femmes au travail en France au XIXe siècle." Dijon, 2002. http://www.theses.fr/2002DIJOD004.
In France, in the 19th century, the large majority of women sustained themselves through small labor. They would also help their husbands in the fields or stores and they lived under the guidelines of the Civil Code, issued by the Ancien Régime. About 1850 a concentration of blue-collar workers surfaced. In addition to be subordinate to their husbands, women underwent the same treatment from their employers. Social legislation arose at the end of the century, but was inapplicable to the wives of peasants, artisans, and to those with small business. The 19th century was indeed an era of social progress but only for working classes and employees in new sectors. Today, at the beginning of the 21th century french women have just acquired their civil liberties in regards to their husbands and there are always independent female workers that the law doesn't affect. As for the rest of them they are subjected to the multiples laws in a blocked society that will not modify its moral
Palli, Barbara. "La modification et la dénonciation des conventions collectives de travail : étude comparative, en droit français, hellénique et britannique." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30006.
Modification and unilateral termination are both actions intended to transform collective agreements. In a relatively new context where the latest collective agreement is not necessarily as favourable as the former one, it seems important to know whether it is vital to reinforce rigidity or to promote flexibility in the operation of the collective agreements' mechanisms for transformation. According to our hypothesis which we wished to test in three European countries, France, Greece and Great Britain, the state's intervention in the regulation of the transformation process favours rigidity while the abstention promotes flexibility. Our study reveals that if state intervention in French and Greek law is in effect a source of rigidity, it doesn't necessarily promote social progress, while abstention doesn't automatically guarantee in British law flexibility at least in so far as the effects of the transformations are concerned
Bouchareb, Rachid. "Statut au travail infériorisé et conflictualité salariale : des employé-e-s de boutique en France et en Belgique." Paris 8, 2007. http://www.theses.fr/2007PA082883.
Our dissertation aimed at showing the links between the strengthening of the establishment of hierarchy at work and the modes of resistance to subaltern status. We studied a constantly renewing working space in France and Belgium : retail trade stores (ready-to-wear). Sociology works on the increasing lack of job security rarely investigated the work relations in these particular types of structures, in which the limited number of employees is a deciding charateristic, in particular young women. The passage from an independent trade to a rationalized "mass stores" trade lead to a transformation of the framing conditions. There has been a change from the small boss to the salaried manager. This new and invisible relation to the employer leads to a renewal of the modes of domination now based more on the market competition justifying a temporal and space flexibility, and permanent. The comparative observation of the situations of employees in France and Belgium allowed us to shed light on shared social processes of resistance to the store discipline, which take different shapes depending on the experience and the modes of reciprocal exchange at work. The development of the conflict process ensues from two dynamics of socialization ; one is an individual one is that leads to a capacity to claim rights ; and one is an intersubjective, producing a representation of possible social act to the precarious status
Savassi, Fonseca Andréa Marci. "La protection des salariés contre les risques professionnels : l'exemple français comparé au brésilien." Paris 2, 1996. http://www.theses.fr/1996PA020033.
The french system of professional risks prevention is used as reference in this essay in order to explain that the bra zilian security system cannot be done without the governement's intervention neither without certain conditions as' well as wide spread control, tough sanctions specially penalties, penal justice and formation of employees and employers in professional organisations
Dibie-Krajcman, Dorothée. "Informations génétiques et fonctions médicales : (essai sur l'ambivalence de la condition juridique des médecins)." Paris 1, 2002. http://www.theses.fr/2002PA010268.
Akakpovie, Ekoué Didier. "Les activités économiques des collectivités religieuses : analyse juridique." Strasbourg, 2009. http://www.theses.fr/2009STRA4025.
Auzanneau, Marjolaine. "L'obligation de sécurité de l'employeur : étude de droit comparé." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0014.
The field of occupational health and safety is constantly expanding. At the same time, the prevention of occupational hazards is a major objective for companies, a real imperative. Thus, the employer's obligation to ensure the health and safety of his employees has become an essential obligation arising from the employment relationship. The employer's liability in the event of the occurrence of an occupational hazard, or a simple failure to meet his preventive obligations, hinges on the essential notion of the safety obligation. While this obligation is also enshrined in the legislation of our German and English neighbours, it has undergone an unprecedented development in France, making it unique and original obligation
Marichalar, Pascal. "Prévenir ou produire : autonomie et subordination dans la médecine du travail (France, 1970-2010)." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2011. http://tel.archives-ouvertes.fr/tel-00790523.
Serrand, Charlotte. "Le traitement juridique des risques psychosociaux." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020022.
The legal obligation for any employer to preserve both the physical and mental health of their employees is complicated by the inner subjectivity of psychosocial risks, making their juridical analysis difficult. The actors interacting with or within any company contribute to a better understanding of those risks : the employer, employees, trade unions, and occupational doctor. Combatting harassment and burn-outs at work helped better consider psychosocial risks. They have become a real topic for collective bargaining as they imply for both the employer and the employees to take responsibility with regards to the nature of specific work accidents or professional illnesses. It stands today as a key element for theim provement of work conditions through an increase in well-being and a higher quality of life at work
Puissant, Emmanuelle. "La relation associative d'aide à domicile : spécificités, remises en cause, résistances." Grenoble, 2010. http://www.theses.fr/2010GRENE006.
This PHD thesis analyses the personal care aid, especially as developed in non-profit organizations. The aim of the first part is to build the research object. The first chapter recounts the slow development of personal care aid as an activity sector. The second chapter shows the difficult conditions of` care work. The third chapter analyses why the law to develop home care services, changed the whole sector of personal care aid. The second part develops some "conceptual tools" to enlighten the problems shown in the first part. In chapter 4, three types of relationships that exist in this sector are conceptualized-like a triangle: the service relationship, the employment relationship, and the work p relationship. The relationships that appear in this triangle in the context of non-profitmaking organizations are analyzed in chapter 5, considering that they are part of` a system. The goal of the third part is to analyze the stakes and the development of the sector of` non-profitmaking organizations, taking into account the three identified relationships. The chapter 6 shows why the work and employment relationships are inseparable. The chapter 7 analyzes how specific the work and service relationships are in the non-profit organizations in the field of personal aid care. In a moving context, chapter 8 deals with the necessary balance between the different relationships
Lee, Eunjoo. "La modification de la relation de travail : étude comparative des droits coréen et français." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100027.
The labour contract is continuous over a long period of time. The worker's working conditions could be modified or adjusted at any time during the duration of a labour relationship with various reasons. Changes in working conditions, or more generally, changes in the labour relationship directly affect the worker's private and professional life and therefore it has a profound impact on both the worker and the employer. The possibility that a worker could negotiate his labour contract with his employer at the time the contract is hard in practice. It is therefore necessary that the regime for amending the labour contract ensures that the working conditions agreed at the time of conclusion of the labour contract cannot be unilaterally modified by the employer regardless of the worker's opinion. The Korean and French legal systems are based on the binding power of a contract. It is therefore obvious that the worker's consent is required to modify the working conditions of the labour contract. The regime for modifying the labour relationship depends on limiting the employer's authority. In France, since 1996, a jurisprudential system has been introduced distinguishing between change of the working conditions and modify of the labour contract. With the evolution of precedent, the regime of modification of the labour contract focuses on the labour contract, it attaches value to the worker's opinion by considering the worker as a party to the contract. Whereas, in Korea, the precedent has focused on interpreting the exercise of employer authority on the basis of “reasonable cause”. Moreover, unlike France, where the regulation of employment has a limited scope, the Korean regulation of employment plays a similar role to that of a labour contract in practice. In this respect, if the amendment of the regulation of employment change unfavorable to the worker, the consent of the group of workers is required.Even if the consent of worker is demanded and even if the worker has a right of refusal about the suggestion of employer, the worker who refuses is still exposed to dismissal. The concept of the consent of worker is often too fragile to be satisfied with its existence. Also, it is difficult to assume that workers' consent is fully protected. Therefore, it is necessary to find method for reflect the worker's real intention. The change in the labour relationship must not be focused on the employer's exercise of authority, but must be interpreted concretely in the context of the changing work environment and the worker's professional life
Letombe, Élodie. "L'abus de droit en droit du travail." Lille 2, 2007. http://www.theses.fr/2007LIL20022.
Despite the absence of a specific, commonly-agreed definition, the term « abuse of process » has acquired a significant place in the French legal system and in its several divisions. The term is often used in the labour law, a highly distinct and singular academic discipline. The latter is a result of the link of subordination that is created by the employement contract, which de facto establishes a relationship characterised by its authority and inequality. The heart of the matter therefore lies in the complex appreciation of the relationship between the labour law and this notion of abuse of process. It is indeed a tool that takes an essential part in the very edification and identity of the subject. Abuse of process thus appears as a dynamic notion, capable of evolving, and which is based on the intrinsic distinctive features of the employer-employee relationship. This characteristic enables us to pinpoint the various elements that make up the definition of the term. In legal law, the abuse of process is a legal standard whose indeterminate content reveals its malleability and pliability. These qualities encourage a well-tailored and finalised use of the notion. Its indeterminate content is then determinable by the identification of its very function in the labour law
Bigiaoui-Duhamel, Léa. "L' abus de droit en droit du travail." Paris 1, 2002. http://www.theses.fr/2002PA010317.
Drai, Laurent. "Le droit du travail intellectuel." Lille 2, 2003. http://www.theses.fr/2003LIL20017.
The development of sciences, research, media but also leisure during the 20th century proves the interest of intellectual work in today's society. The rise of this new type of work had to have consequences on the Law. Intellectual work has two significant features. In its mode of execution on the one hand, it requires a wide range of freedom grantel to the employees. On the other hand, the result of intellectual work activity gives birth to particular values since they are protected in the name of intellectual properties. The study of the apprehension by the Law of intellectual work reveals the necessity of a multidisciplinary approach. The Employment Law in itself does not really cover the particularities of the relation between intellectual workers and their employers. The rights of intellectual properties is the only resort in order to allow a global approach to this new type of work. As a source of particular values, intellectual work is confronted with the presumption that the employer owes the fruit of a paid work. The solution to this issue stands in the research of a conciliation between the Employment Law and the rights of intellectual properties. The presentation of the " rights of intellectual work " therefore underlines the complementarity of the existing legal mechanismes in the making of new devices
Guardia, Philippe de. "L'abus en droit du travail." Montpellier 1, 1988. http://www.theses.fr/1988MON10042.
Garnier, Sophie. "Droit du travail et prévention." Thesis, Nantes, 2017. http://www.theses.fr/2017NANT3023/document.
Measures relating to occupational health, the obligation of reclassification in the dismissal for economic reasons, continuing vocational training or jobs and skills planning and training, are all means by which labor law aims to prevent the realization of risks in the workplace. Prevention has become a key concept in labor law, without having been subject to analyzes assessing the exact scope. To deepen links between labor law and prevention, a categorization of the main expressions of the labor law in prevention may first be proposed. It highlights the expansion of prevention in the field of labor law. The different risks inherent in the employment relationship are concerned and prevention today move towards consolidation, to determine how best to avoid or limit them. The various legal schemes enabling the implementation of the prevention in labor law can also be explored, as their legal regime reveals a certain unity. It is a right to prevention at workplace that can be identified. Its distinguishing feature is it involvement of different actors in the employment relationship, whose roles are organized so as to ensure effectiveness in prevention at the workplace
Delannoy, Le Blan Virginie. "Les plans en droit du travail." Lille 2, 2001. http://www.theses.fr/2001LIL20025.
Labour law appears to be the favourite terrain in the wider field of private law for plan implementation. There are no fewer than twenty nine specific plans. The sheer number of plans to be found in labour law leads the jurist to ask himself if there is a connecting factor which in turn would explain why the one word of plan is commonly used in rules and regulations. It is therefore of interest to establish whether beyond the common appellation of plan it is possible to define what a plan is in legal terms. The outcome of this first query appears to be negative: the word plan does not refer to a singular model of reference which would serve as a standard but to a wide range of concepts. Indeed plans are put together in a variety of ways. .
Coupillaud, Marie-Paule. "La preuve en droit du travail." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40047.
Neiss, Philippe. "Le silence en droit du travail." Strasbourg, 2009. http://www.theses.fr/2009STRA4023.
For some specialists of law, silence is nothing and has no effect. The study about the notion and the role of silence, specially in the labour law, shows the opposite. First, the analyse of the notion of silence in cognition pragmatic shows that silence, absence of language, can serve the communication. In law, the juridic act must be analysed as a communication act. In consequence, silence is not necessarily an obstruction of a juridic act existence. The judge, limited by the law, interpretes the silenced attitudes in order to find the expression of a juridic act. In labour law, the interpretation of employer and employee's attitudes has some specificities. Secondely, silence plays an important but ambivalent role in labour law. In the construction of a system of norms, silence can permit or forbid the application of an other norm. It can also permit or not the derogation. That is why silence is a factor of the complexity of the norms system. Silence can also be an obligation for employer and employee. It can be obliged or forbidden. By that way, silence participates to the importants evolutions of labour law: developpement of the collective negotiation and the participation of employee to the decision about the firm, « proceduralisation » of law, protection of the fundamental rights of employees
Houerrou, Delphine. "Le droit du travail et l'argent." Paris 2, 2001. http://www.theses.fr/2001PA020030.
Huber, Rodolphe. "Droit du contrat de travail et socialisation du droit des contrats." Lille 2, 2005. http://www.theses.fr/2005LIL20018.
Employment represents both a restriction and a liberty allowing the accomplishment of the human being. This social function of employment generates a need for its protection. Employment contract law was a reaction against the unfairness of the liberal society of the 19th century. Based upon an idea of protection of the weak, and a necessity for the state to equilibrate the terms of contract, the employment contract law is first illustration of a social concept of law. Other particular social law, built with the reference of employment contract law, were then created. This socialisation of contract law stands in opposition of a very liberal and individualist conception of the general theory of contract based upon the theory of volunty's autonomy. In the same way, to organise this modern contract, contractual techniques has been created, or adapted from civil law. The modernity of those techniques favoured their dispersion in contract law, which contributes to its socialisation. Then, by its influence, the employment contract law participates in creating a better and more fair contractual world
Saint-Didier, Claude. "Droit du travail et droit des obligations : étude d'une opposition." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32004.
Labour law and the law of obligations are linked. There is a permanency of the law of obligations in labour law. The precise area is however not clearely defined. Labour law develops through various devices a principle of distanst. By analysing the devices, the existence of a principle of distanst can be verified and ascertained reasons for this situation : a conflict of logic. Over the years it has become in essence an internal opposition within labour law concerning the future of the latter of this one. This opposition based as it is an inherent logic poses the question of the interpretation of the law
Icard, Julien. "Analyse économique et droit du travail." Paris 1, 2012. http://www.theses.fr/2011PA010317.
El, Berry Lala Jamila. "L'obligation de prévention en droit du travail." Lille 2, 2004. http://www.theses.fr/2004LIL20015.
The logic of a risk mastery, and its corollary the prevention of the damage take up a deciding place in the substantive law. The legal construction of a general obligation of prevention in labour law is the result of a long gestation. Its instrumentalisation in the right of health in work environment contributed to make this obligation the part maitress, of an overall policy of health in the company. This protean obligation can be express or implicit. It is characterized by a plurility of more or less coercive legal instruments in order to prevent or to limit the damage born from the execution of the working relationship. Institutionalized for avoid the realization of the professional risk, this obligation of prevention is also illustrated in the prevention of the risk of the job loss, resulting from an individual or collective conflict of work. In this logic, it aims to prevent the economic damage. The legal mode, which provides this obligation of prevention, is composed of sanctions more or less drastic and dissuasive for the debitor who must respect it. The composite character of the obligations of prevention gives thus to the modes which are attached, a certain heterogeneity. In consequence, the constraining force of this obligation is alterable, and is different according to the field in which it is called to be implemented. This one is sometimes offensive, when it aims to prevent absolutely the supervening of damages, sometimes active when it has the aim of limiting the supervening of the damage, and constitutes a passive obligation when it displays some mechanisms of prevention, which conceal their name. Its application highlights a new approach of the risk management to the work and translate the will of the legislator in establishing a basic right of the protection of employment on the same basis as the protection of health into work environment
Gilbert, Herveline. "Le travail en agriculture." Nantes, 2003. http://www.theses.fr/2003NANT4014.
Model of independent workers, farmers run theirs farm, mainly in an individual form, with the help of family members. The work is essentially regulated by the family's patrimonial law and company law. This model, supported by the legislator since the great 1960's agricultural orientation laws, puts the farmer outside the protective sphere of labour law. His independence is however limited, especially because of the asymmetry in the existing power plays on the agricultural goods market. On the one hand, he registers under professional organisations which aim at facilitating his labour or the commercialisation of his production. By so doing, the farmer must conform to theses groups' rules. There are, on the other hand, protective rules with neo-corporatist tendencies that give him a protective professional status. These rules aim at limiting the abuses as well as establishing working conditions that protect the traditional image of the nobility of agricultural labour
Bouchama, Nadia. "La recodification du droit du travail." Bordeaux 4, 2007. http://www.theses.fr/2007BOR40041.
The recodification of the Labour Law is the privileged moment to carry out a thorough thought on the matter and the method of regulation. The Labour Law has suffered for the few past years of a very important legislative inflation. This texts increase has made consequently both the reading and the understanding of the labour law even more complicated and breaches the new constitutional requirements of clearness and intelligibility. This recodification of the Labour Law is particularly huge because of its particularly various sources but the 2007 governmental chose the recodification of the Labour Law Act because of the restricted way to create officially any regulation which is called "de droit constant", with its advantages and inconvenience, that is why we shall reform. This method of recodification presented in our study implements rules of legistic which tends to improve the lack of legislative mission statement. It also tends to improve the existing techniques of regulation in order to ensure a concrete efficiency of the Labour Law Act for any user
Gola-Vassal, Dominique. "La négociation collective en droit du travail." Montpellier 1, 1985. http://www.theses.fr/1985MON10032.
Katou-Kouami, Ako. "Étude critique du droit togolais des conditions de travail." Bordeaux 4, 1996. http://www.theses.fr/1996BOR40019.
Our study demonstrates that conditions of work to the togo are bad. This situation explains first by a regular and legislative default. Then, one observes a reticence of some workers and especially of the majority of employers to apply collective and individual protection norm. Finally, one notes a political will absence in social matter. One observes it easily through the inexistence of social laws. To that are added the thim budget of functioning allocated to loaded institutions to control the application of measures destined for reduce professional risks, and the quasi permanent concern of public authorities to prevent union organizations to express on the question of work conditions
Dupont, Olivier. "Preuve et renouveau contractuel en droit du travail." Lille 2, 2004. http://www.theses.fr/2004LIL20002.
Once considered as a specimen of distorted convention for failing to achieve its objective of contractual justice the employment contract is now being renovated to meet its former standard as a consequence of the latest evidentiary developments. Within a few decades evidence, which was formerly biased, has been subjected to in-depth transformation in order to restore balanced evidentiary patterns in employment law. The presentation of evidence and the testing of that evidence testify to that trend. While an employee may now better argue his or her grievances an employer may find it more complicated to set up his or her evidentiary arguments. The rediscovery of the concept of loyalty and the progressive recognition of employees'rights are grounds for a betterbalanced system. Moreover, the increased autonomy of evidentiary questioning in employment law has provided the restoration of the notion of balanced evidence. All of this tends to one and the same objective : contractual justice
Labeaume, Patricia. "La réparation intégrale et les accidents du travail." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40026.
With accidents in the workplace, compensation is generally set at a fixed rate. The present study therefore investigates cases where accident victims are able to obtain full compensation. In such cases, full compensation is awarded either on the basis of fault (inexcusable fault, intentional fault, or third party fault), or with regard to risk (traffic accidents or work-related traffic accidents). Full compensation is only obtained by recourse to the common law notion of civil responsibility. However, the instances where full compensation is possible appear insufficient in the light of the evolution of the law relative to civil responsibility, often supported by insurance systems, which allow accident victims automatic access to full compensation. Opportunities for full compensation in france also appear weak in terms of comparative law, especially when measured against the netherlands, where the notion of specific compensation has been completely abandoned to allow identical compensation for all physical injuries sustained by victims, irrespective of the cause of the accident. For these reasons, it seems appropriate to suggest improvements to the current french system of compensation. One possibility involves the fine-tuning of existing legislation which can be allowed to continue to develop as it has over the past century and thus adapt to the new requirements for full compensation. In this context, it is often claimed that inexcusable fault, particularly with regard to safety measures in companies, should constitute the key to removing employers' immunity. This type of fault ought to be accorded greater recognition than is at present the case and should lead to awards of maximum compensation. The recent example of asbestos suggests that jurisprudence is moving in this direction. A second potential improvement to the system would require important modifications to the present law. The dutch model might be considered, entailing a straightforward abrogation of article l. 451-1 of the css. Another possibility is the creation of a compulsory insurance system through private companies or by attributing the role of insurer to the social security system which would fully compensate accident victims
Frossard, Serge. "Les qualifications juridiques en droit du travail." Lyon 2, 1997. http://www.theses.fr/1997LYO22023.
The concept of legal "qualification" is the technic by which the law defines facts, situations and behaviours to be dealt with. It is based on a reasonning of a syllogistic form which give the possibility to classify facts within categories. Labour law, even if it does not have any peculiarity on the matter of legal "qualifications" can be distinguished by the legal categories based on. The first part regards a study of the legal "qualification" in labour law. My aim is to analyse the problems linked to the specificity of the legal "qualification" in labour law. My aim is to analyse the problems linked to the specificity of the legal qualifications in labour law in order to find a definition on which base the legal qualification is possible. Moreover, I considerer the control by judges on the legal "qualifications". The second part focus on the relationships of legal "qualifications" coming from differents sources. The "qualification" made on a contractual basis have limited effects due to the qualifications of public order. Besides, one has to analyse the relationships of "qualifications" of international labour law (eu law or ILO regulations) with the national legal system
Rieu, Alexandrine. "Le droit du travail et les concepts de droit administratif." Cergy-Pontoise, 2006. http://www.theses.fr/2006CERG0288.
A significant influence of some administrative law concepts can be observed in the field of paid employment relationships: "le privilège du préalable" or the administrative prerogative to render enforceable decisions, the concept of power, the principle of proportionality, "Ia théorie du bilan" when the judge balances the usefulness of a situation against its actual drawbacks, the status, the civil liberties etc. This relative absorption of labour law by administrative law could be explained by the extra-contractual dimension of the employment relations: on the one hand, the employers' prerogatives are not limited to those a contracting party can exercise over the other one while, on the other hand, the relationships between employers and employees take on a collective dimension. Even though the French legal system is entirely based on the fundamental summa divisio between public law and private law, this assertion is challenged when you put both labour law and administrative law in perspective. These two branches of law are far from opposing and rather improve one another
Petit, François. "L'après-contrat de travail." Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D039.
In the present state of french haw, the phrase "apres-contrat de travail" is not used to designate the legal condition of the employee after dismissal or resignation. Actually, the post-work contract period is filled by the whole relationships in which the employer must pay indemnities to the employee, or sometimes re-engage him, and the collectivity allows unemployment benefits
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
Corman, Valérie. "Le comité d'hygiène, de sécurité et des conditions de travail." Paris 9, 1986. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1986PA090105.
Set up by law no 82-1097 of december, 23, 1982, and created from the combination of the health and safety committee with the working conditions improvement commission, the health, safety and working conditions committee is more than the addition of these two preceding institutions. The new committee is given by law the status of a workers' representative body, which is autonomous, required for establishments with 50 or more employees, and the members of which are granted time for delegation and protected against dismissals. Contrary to the idea backing the bill, the health, safety and working conditions committee is not the only possible speaker to management, as far as working conditions are concerned. Some interferences may occur with the works council, personnel delegates or the so-called expression groups. . . The interconnection between the various means of consultation (direct or not) at work was not established by law. Even though the law-maker denied the committee the right to stop work on security grounds, he gave to this body the possibility to put into question the authority and leading power of the manager. Yet, he refused to consider all responsabilities consecutive to the powers thus granted
Léger, Nicolas. "Synallagmatisme et convention collective de travail." Paris 1, 2003. http://www.theses.fr/2003PA010329.
Desbarats, Isabelle. "L'entreprise à établissements multiples en droit du travail." Toulouse 1, 1993. http://www.theses.fr/1993TOU10021.
Because they don't want to stay apart from economical development, many contractors carry on their activities in different establishments in commercial or industrial firms whose technical structures are more and more complex. Does this technical decompostion have any sensitive effects upon the working conditions of the salaried employees? the aim of this study is to demonstrate at first that, due to the predominant part played by the establishment, the technical decomposition of firms has important consequencies upon the working conditions of the salaried employees, but that, however, law-officers and law-makers try ot minimize the disadvantages resulting from this state of things : actually, it can be noted that the jurisprudence as well as the legislator are in favour of social homogeneity in those complex firms
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
Noël, Christine. "Les activités de travail et le droit : transgression, assimilation, renormalisation, de la philosophie juridique à l'approche ergologique du droit du travail." Aix-Marseille 1, 2002. http://www.theses.fr/2002AIX10041.
Kocher, Marguerite. "La notion de groupe en droit du travail." Strasbourg, 2010. https://publication-theses.unistra.fr/public/theses_doctorat/2010/KOCHER_Marguerite_2010.pdf.
The notion of "group" in Labour Law raises many questions, be it in connection with the very definition of this term or its juridical scope. In order to tackle this issue, it was necessary to trace the logic which led the Labour Law to identify this notion. Far from being a faithful representation of some economical phenomenon, the notion of "group" vehicles a specific juridical representation of the group which, despite undeniable contributions, shows some limit. Based on the contributions of the "pensée complexe" developped by Edgar Morin, we suggest to build an alternative juridical representation of the group, paradoxically, to specify the meaning of the notion by enriching its meaning and offer a renewed point of view on its juridical scope, which can potentially bring various solutions to recurrent juridical issues
Wolmark, Cyril. "La définition prétorienne : étude en droit du travail." Paris 10, 2005. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247099566.
The French (Cour de Cassation) Supreme Court's decisions wording encompass a significant increase of genuine definitions of labour law concepts. This process raises question insofar it does not fall within the judge's jurisdiction in the (French) legal tradition. This trend makes the " Chambre sociale de la Cour de cassation " (Social senate of the Court of Cassation) the first labour law definitions producer. When defining, is the Social Senate aim at the creation of (new) classifications or does it restrain its action to the framing of the classification operation? Beyond the questioning of this issue, which allows to outline the art of definition, what is at stake is the place definition itself gets within the case law. Whom, among the legal actors, the definition is biding? What remains in the industry partners, EU law, trial court judgements competence ? In one word what kind of power does the Court de Cassation exert when defining?
Colonna, Joël. "Le droit des relations de travail confronté au sida." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32080.
Employment law has chosen to treat AIDS as an ordinary disease, integrating afflicted employees into the usual system of rules and practices. However, these are not protective enough and have to be modified for AIDS. To safeguard HIV carriers against exclusion from the workplace on the basis of their serological status, the legislator initially made a general ruling against discrimination based on the state of a person's health, thereby granting ill employees the right to treat their state of health as a neutral issues in the field of employment relations, coupled with the right to keep said state of health a secret. This first approach, which is indifferent to both the specificity of AIDS with regard to other illness and its effect upon the working performance of those afficted, has proved to be insufficient. .
Kerbourc'h, Jean-Yves. "Essai sur la place du travail temporaire dans le droit du travail français." Nantes, 1994. http://www.theses.fr/1994NANT4014.
The legal statute of temporary work was born in 1972 (law of January 3th). That kind of work presents a paradoxal character. 1-The statute of temporary work presents many breakings with labor law. The temporary work presents many breakings with labor law. The temporary help service agencies and their owners practice a middle-man activity witch is strictly forbiden in France. Of course, this business is very regulated (cautions, declarations etc. ). But, the principal breaking is the ejection of the labor law for the user. The user is not connected with the worker, but with the THS office. So, the user can contract a commercial agreement instead of a labor agreements. 2- Nevertheless, the legislator try to fix some harminisation regulations. It has been fulfied by the creation of new regulations (legislation of sub-contractin jobs), legislation of insertion. Or adaptation of ordinary law (collective bargaining work injuries)
Baugard, Dirk. "La sanction de requalification en droit du travail." Paris 1, 2006. http://www.theses.fr/2006PA010300.
Ferries, Sylvie. "Le droit du travail dans la petite entreprise." Toulouse 1, 2000. http://www.theses.fr/1999TOU10080.
Renaud, Stéphan. "Droit civil des contrats et droit du contrat de travail : Contribution à l'étude de la dérogation au droit commun." Paris 2, 2007. http://www.theses.fr/2007PA020103.