Collective Autonomy in Labor Law

Extract

[...] On the margins of the State's intervention and the foundations of a heteronomous model, a normative space has been recognized for social forces, a faculty to produce imperative and general norms. In the strong sense, however, collective autonomy refers to the recognition of a reserved domain for collective negotiation. However, the existence of an autonomous conventional space is lacking in French law. Furthermore, confronted with French positive law, the hypothesis of an autonomous conventional legal order is debated. I. Collective autonomy A. [...]

[...] Certainly, it loses autonomy here, if not its autonomy. Comparison of French law with Italian law The law of the European Union also gives a distant model of French law. In stating that 'the social dialogue between social partners at the community level can lead, if they wish, to conventional relationships, including agreements', The Single European Act of 1986 recognized the original aptitude of European social partners to organize labor relations. Trade unions and employers' organizations have the faculty to produce rules outside any state interference. [...]

[...] https://www.legifrance.gouv.fr/codes/id/LEGISCTA000006189533/ - The denunciation of the AC: art. L. 2261-13 C. trav. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072050/LEGISCTA000006195691/#LEGISCTA000033022905 3. Debates - The role of collective bargaining: progress, management number - The OS monopoly: already eroded (small businesses, referendum) B. Unilateral commitments 1. Nature - Unilateral decision: when the employer commits individually to the W community - Usage (constancy, generality, fixity) - Atypical Agreement: when there is an agreement placed by an employer with a W collective but not qualified as a convention 2. [...]

[...] On the other hand, no constitutional text reserves a proper domain for collective bargaining. If the legislator has the faculty to associate professional organizations in the process of drafting the law or its application, it is nonetheless only a simple faculty open to the legislator. Elaboration of the law: It has become common for the law to be negotiated, in the sense that social partners conclude a national interprofessional agreement that prefigures the law, which takes up the agreement, sometimes adds to it, in particular to clarify certain aspects, or more rarely subtracts from it. [...]

[...] In this sense, there would exist several autonomous centers generating law. Professional law would thus constitute a distinct legal order from the state order. In break with "legal statism", the collective agreement is for Gurvitch the manifestation of an autonomous legal order, a "pure" and independent social law, which forms a legal order equivalent or superior to that of the State. The vision is that of social autonomy, in the sense that law would not be just the product of state will, but also that of social forces. [...]