Abstract
Discover how the Constitutional Council shapes labor laws in France, balancing business freedom with worker protection. Explore the Council's role in promoting equality, combating discrimination, and safeguarding workers' rights through constitutional case law. Learn about the evolution of positive discrimination, collective bargaining, and the protection of individual and collective freedoms. Understand the Council's impact on employment law, including its decisions on the freedom to start a business and the right to strike. Dive into the complexities of French labor law and the Constitutional Council's crucial role in ensuring a fair and equitable work environment.
Extract
[...] The point on the breach of employment contract of foreign workers in an irregular situation of work COURT OF CASSATION (Ch. Soc.) 13 November 2008, B. against SA Pub Saint-Lazare (appeal n° 07-40.689) Le Droit Ouvrier, N° 731(6), 299-301 - « Bonnechère, M. (2010). Immigration and decent work. Le Droit Ouvrier, N° 738(1), 1-16. Emerging criticisms of the subject of law that is the vulnerable worker - « Benelhocine, C. (2011). Chapter 1 - The main principles of the European Social Charter. The European Social Charter. -40). Council of Europe - « Supiot, A. (2007). Chapter II. The worker, subject of law. [...]
[...] A positive discrimination, by incentive or sanction The introduction of positive discrimination in French and European law - « Levade, A. (2004) . Positive discrimination and the principle of equality in French law. Powers, n° 111(4), 55-71 The control of positive discrimination by the Constitutional Council - « Positive discriminations in the case law of the Constitutional Council, Constitutional Council, September 2024 The implementation and results of positive discrimination in France - « Calvès, G. (2004). French positive discrimination policies: three specificities. Pouvoirs, n° 111(4), 29-40. [...]
[...] 38285/09), 19.02.2013 - « The European Court of Human Rights, 03/2016 - 7th edition Author(s): Jean-Pierre Marguénaud Differences in equality always present between private workers and civil servants - Specify here that the Constitutional Council distinguishes the two while the ECHR only speaks of workers - « The labor law, an unpassable horizon of public service law? Struillou, AJDA p. 2399. Chapter II - The introduction of positive discrimination, useful to the principle of equality Section 1. A stronger protection for vulnerable workers A consideration of the disabled worker - « Bouchet, C. and Revillard, A. (2023). An ambivalent recognition: the reception of the 'recognition of the quality of disabled worker' Droit et société, N° 113(1), 111-129 Towards an equality of guarantees given to the foreign worker - « Lacoste-Mary, V. [...]
[...] The return to the labor market, of former workers previously excluded thanks to a more concrete will to apply the principle of equality - « Cons. const., dec. n° 2005-521 DC of July Law enabling the Government to take, by ordinance, emergency measures for employment. - « Cons. const. dec. n° 2012-656 DC of October Law creating the jobs of the future. Section 2. Equality, a principle to respect including during the exercise of the employment contract Equality between workers - « Public Report 1996: On the principle of equality. Council of State - « Serverin, É. (2015) . [...]
[...] and another, Offense of aiding the entry, circulation or irregular stay of a foreigner) Critical Review of Private International Law, N° 35-64 The application of these principles to the protection of workers - « De Vitry, A. (2023) . Fraternity according to Péguy, an anti-juridical notion? Law & Literature Review, N° 39-55. - « Supiot, A. (2007) . Chapter III. The Invention of the Collective. Critique of Labour Law. -149). Presses Universitaires de France. Section 2. The social security and health regime, indispensable to the protection of workers A social protection of the worker in case of termination of the employment contract - « Camaji, L. (2013). The rights of the unemployed, user of the public employment service. [...]
