This master dissertation explores the concept of loyalty in collective bargaining, its necessity, and the impacts of disloyalty, within the framework of labor law.
Extract
[...] The principle of loyalty, a necessity in collective bargaining The presence of a principle of loyalty is necessary in labor law and more precisely in the framework of collective bargaining. Initiated by civil law, this principle of loyalty has been taken up and renewed by labor law It has then evolved and been strengthened by recent reforms Renewed civilist sources by labor law The civilist concept of good faith of the parties to the contract is no longer to be proven. [...]
[...] In practice, this is mainly done by making available to participating trade unions, the information elements considered indispensable. This information, like in civil law, must be both relevant, clear and appropriate. It allows all parties to be placed on the same footing and goes in the direction of trust, of homogeneity of information." Recently, the President of the Republic, Emmanuel Macron, and his government have focused on labor law and social law. Their reflections and work resulted in Law No. [...]
[...] In fact, labor law has drawn on civil law to develop the concept. The stakes are high. They indeed aim to preserve trust and social dialogue, guarantee fairness in working relationships, and facilitate the conclusion of agreements that aim to be both balanced and sustainable. Furthermore, loyalty in collective bargaining allows for the respect of new legal and legal obligations. Ultimately, the underlying notion is that of trust. Loyalty ensures that the parties act in good faith and respect their commitments. [...]
[...] 2016-1088 of August relating to work, the modernization of social dialogue, and the securing of professional paths. This law introduced an obligation of loyalty during the negotiation period into the Labor Code. It takes the form of a methodological agreement. Indeed, Article L 2222-3-1, paragraph 1 of the Labor Code provides that either the convention or the collective agreement has the possibility of defining the method allowing the negotiation "to take place in conditions of loyalty and mutual trust between the parties." In addition, Ordinance No. [...]
[...] Then, already in its decision of June the same social chamber of the Court of Cassation (n° 91-18.640) sanctioned the violation of the prohibition made to the employer to take unilateral measures during the negotiation period. On the other hand, the failure to comply with the obligation of loyal negotiations constitutes a cause of nullity of the agreement and this, regardless of whether the latter was signed following the conditions of validity of the law. Nullity is therefore the second and main sanction of unfair agreements. [...]
