Extract
[...] France being known for its culture of conflict, the projection of a negotiation culture did not take place without difficulties. Nevertheless, the public authorities, including the State, have intervened in this matter with the ambition of making this tool of social dialogue a major asset for regulating working conditions. Thus, this This tool of social dialogue will become an important source of protection for employees, while allowing the adoption of positions thatand compromises in a climate of social peace. The contemporary flexibilization of labor law: between protection of employees and economic imperatives The contemporary flexibilization of labor law seems to oscillate between economic interests and the protection of employees. [...]
[...] - G.H. CAMERLYNCK et G. LYON-CAEN, Labor Law, 8th edition, Dalloz n°17 ; M. DESPAX, Labor Law, Que sais-je P.U.F p et s. - Judgment "Bardou", Court of Cassation July 1954 - Judgment « Société Générale », Court of Cassation November 1996, n°94-13.187. - Jacques Le Goff. From Silence to Speech. A History of Labor Law from the 1830s to the Present. [...]
[...] Similarly, regarding employee shareholding, the achievements are, in fact, few in the 20th century. Thus, compared to the German model which establishes a genuine co-management in the largest companies, the ambition to establish employee participation in the management of the French company seems limited. The so-called "Auroux" laws of 1982 nevertheless sought to advance the establishment of democracy in the company and have enabled significant developments, particularly in terms of social dialogue. Despite this, the various successive reforms of recent years seem to be far removed from the idea of democratizing the company. [...]
[...] 2019. - Melucci, A. (1976). Patronal Action, Power, Organisation. Factory Regulations and Control of Labour in the 19th Century. Le Mouvement Social 139-159. https://doi.org/10.2307/3777541 - P. DURAND, Treatise on Labor Law, vol.1, Paris, Dalloz p.412, in The Actors of the History of Labor Law, J-P. [...]
[...] If labor law seems to serve the employer and capitalism it remains an instrument of regulation and compromise, which still flexibilizes (II). II- Labor Law, an Instrument of Regulation and Compromise in Relations between Employees and Employers Labor law is not always in the service of capitalism since it is characterized above all by negotiated law and a law of compromise However, the contemporary trend of labor law flexibilization seems to prioritize the interests of the employer The Rise of Trade Unionism and Social Dialogue Labor law is characterized above all by a powerful trade union law. [...]
