Extract
[...] Fixed-term contracts always determine those concerning research. Recently, the Sauvedet law, in order to counter the drift towards more precariousness for young researchers, limits the duration of research contracts in the public sector to six years (documents 4 and 12). In addition to being legislatively regulated, the link of subordination of the scientific researcher is regulated jurisprudentially. The jurisprudential framework Jurisprudentially, the link of subordination of the scientific researcher is also regulated. The framework of scientific research is reported by the Court of Cassation. [...]
[...] What are the characteristics of the subordinate link of the scientific researcher? From the first months of the post-war period, the number of researchers and technicians respectively reached approximately 1100 and 700. A doubling of the researcher staff is therefore recorded (document 7). The existing subordinate link between the employee and the employer is defined by the Court of Cassation in a judgment Société générale against Ursaaf of Haute-Garonne dated November by "the execution of work under the authority of an employer who has the power to give orders and directives, to control their execution and to sanction the failings of their subordinate" (document 1). [...]
[...] 412-3 of the Research Code. This article would consider three hypotheses in which the doctoral contract can be concluded. But still, precision is made regarding the term of the contract, its conditions for renewal, as well as the sanctions (documents 12 and 21). Article L. 412-3 of the Research Code provides for cases of early termination of the doctoral contract, including when the employee's registration to obtain the delivery of a doctoral degree is not renewed. The specificity of the doctoral contract is highlighted when comparing it with the hypotheses of dismissal in the context of employment contracts, including serious misconduct or the impossibility of maintaining the contract, in accordance with Article L. [...]
[...] The modification of the status of researchers reinforces the hierarchies and generates, between precarious and statutory researchers, dependence relationships where the first expect the second to open the well-guarded doors of permanent contracts and posts, when the second benefit without recognizing the work of the first. This results in a disaffection of students for research, which results from both the modest salary and the contractual status, without probability of employment (documents 4 and 8). However, certain posts, such as that of a lawyer in the AEF/J service, are perceived as a 'bottleneck', justifying additional personnel (document 6). Beyond the variety of subordination links, they share a common foundation despite this, which is scientific integrity. [...]
[...] As Pierre Joliot notes, 'the freedom of scientific research cannot be conceived without scientific integrity (document 10). Scientific integrity has guided the work of great scientists, such as Vernadski, a Russian geometer placed 'at the level of the greatest men of science' since he demonstrated that life comes from a single material, the biosphere. Or Thomas Gold, who by his insatiable curiosity and original method, was imposed as a relentless explorer of nature (documents 2 and 18). The question arose as to how the concept of scientific integrity can become, in labor law, a corpus of principles and rules that can be opposed to those it seeks to regulate, and how its non-observance can be treated on the disciplinary terrain, it being understood that the pursued objective is not to make it a form of coercion instrument (document 7). [...]
