'Modulation': Logics of Deleuzean 'Control' In
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Individual Dismissal
Individual Dismissal India VITTE Oualid EL FAGROUCHI François SAID Géraldine PILARD-MURRAY EWL 2018 EWL 2018 – French Report Table of contents I. Introductory statements p. 4 1) The definition of “dismissal” p. 4 2) The grounds of dismissals p. 4 II. Factors for allowing dismissals p. 7 III. Sources of law regarding dismissals p. 7 IV. Criteria for allowing dismissals p. 10 1) The need of a lawful reason for dismissal p. 10 a) Criterion allowing the dismissal p. 10 b) Disciplinary and non-disciplinary reasons p. 10 c) Unlawful reasons p. 12 2) Dismissal, a management tool? P. 13 V. Formal and procedural requirements p. 15 1) The letter of invitation to a preliminary interview p. 15 2) Preliminary interview p. 15 3) The dismissal letter p. 16 4) Notice period p. 17 5) Consequence of a breach of procedure p. 17 VI. The role of the labour authority, workers’ representatives, and/or collective agreements in dismissal p. 18 Page | 2 EWL 2018 – French Report VII. Judicial control of dismissal p. 19 1) Control of the preliminary interview p. 19 2) Control of the letter of dismissal p. 19 3) Control of the real and serious motive p. 20 4) Matter of the control p. 20 5) Admissibility of the remedy p. 21 6) Control exercised on the employee’s evidence p. 21 7) Investigative measures p. 22 VIII. The consequences and effects of a lawful and unlawful p. 23 dismissal 1) The amount of compensation p. 23 2) The enforcement of the sentence p. 24 3) Error of qualification p. -
He Rise of French Populism: an Election in a Most Fractured
he Rise of French Populism: An Election in a Most TFractured Landscape Recent Popular Social Movements Populism Benoît Hamon Jean-Luc Mélenchon François Fillon Marine Le Pen Emmanuel Macron Conclusion Ramadan - Shawwal 1438 31 June - July 2017 2 © KFCRIS, 2017 ISSN: 1658-6972 Issue No. 31 - 20/06/2017 L.D. No: 1438/2868 Ramadan - Shawwal 1438 - June - July 2017 Ramadan - Shawwal 1438 - June - July 2017 3 opulism is said to be the major new political trend. From PBrexit to the election of Donald Trump in the United States, old ideas and conceptions of the Left and Right are being deconstructed before our eyes faced with populist mantras. The French presidential election of 2017 was a story of a pro-European, pro-business, globalist centrist candidate and underdog, Emmanuel Macron, defeating the favored right-wing candidate, decimating the Socialist left, and going on to win a super majority in the National Assembly, with a movement- turned-party he only recently created. However, what is not told, are the populist elements and narratives, coopted by all candidates in the French presidential election, and how this aided Macron where it delegitimized most others. This paper analyses does just that, in exploring and analyzing populist narratives in all the major French presidential candidates’ campaigns, as well as the context and evolution of populist sentiment in contemporary France in general to better understand how we have arrived at this point, and perhaps to better understand the direction Macron will take France and Europe. Ramadan - Shawwal 1438 - June - July 2017 Ramadan - Shawwal 1438 - June - July 2017 4 “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”— Dr. -
Big Stakes in the French Presidential Election: Global Governance Versus the People
Big Stakes in the French Presidential Election: Global Governance Versus the People By Diana Johnstone Region: Europe Global Research, April 02, 2017 Theme: History The 2017 French Presidential election is no joke. It is shaping up as a highly significant encounter between two profoundly opposing conceptions of political life. On one side, governance, meaning the joint management of society by a co-opted elite, on the model of business corporations. On the other side, the traditional system called “democracy”, meaning the people’s choice of leaders by free and fair elections. Historically, French political events tend to mark epochs and clarify dichotomies, starting with the waning distinction between “left” and “right”. This election may be such an event. What is “governance”? It has become increasingly clear that the trans-Atlantic power elite have long since decided that traditional representative democracy is no longer appropriate for a globalized world based on free circulation of capital. Instead, the favored model is “governance”, a word taken from the business world, which refers to successful management of large corporations, united in a single purpose and aiming at maximum efficiency. This origin is evident in aspects of political governance: an obligatory unanimity concerning “values”, enforced by corporate media; the use of specialized committees to provide suggestions concerning delicate issues, a role played by “civil society”; the use of psychology and communications to shape public opinion; isolation of trouble-makers; and co-optation of leadership. These features increasingly describe political life in the West. In the United States, the transition from democracy to governance has been managed by the two-party system, limiting voters’ choice to two candidates, selected and vetted by principal shareholders in the national business on the basis of their commitment to pursuing the governance agenda. -
France's# Nuit Debout Social Movement: Young People Rising
societies Article France’s #Nuit Debout Social Movement: Young People Rising up and Moral Emotions Sarah Pickard 1,* and Judith Bessant 2,* 1 Institut du Monde Anglophone, Université Sorbonne Nouvelle—Paris 3, 75006 Paris, France 2 School of Global, Urban and Social Studies, RMIT University, Melbourne, VIC 3000, Australia * Correspondence: [email protected] (S.P.); [email protected] (J.B.) Received: 20 August 2018; Accepted: 11 October 2018; Published: 16 October 2018 Abstract: Set against a backdrop of austerity and neoliberal policies affecting many young people adversely, the Nuit Debout protest movement in France began in March 2016 when people gathered in public spaces to oppose the Socialist government’s plan to introduce neoliberal labour legislation. Like other post-2008 movements, Nuit Debout was leaderless, non-hierarchical, and relied on social media for political communication and to mobilise participants. The Nuit Debout was also a movement inspired by powerful moral-political emotions such as righteous anger and hope. In this article, the authors address two questions. First, what features of Nuit Debout distinguished it from earlier social movements in France? Second, what role did moral emotions play in mobilising people to act as they did? Drawing on interviews with young protestors and their own testimonies, we argue that Nuit Debout was a distinctive form of protest for France. One distinguishing feature was the way young people—the “precarious generation”—were motivated by a strong sense of situated injustice, much of which related to what they saw as the unfairness of austerity policies, being deprived of a decent future and the feeling they had been betrayed by governments. -
REVOLUTION Or WAR #8
REVOLUTION or WAR #8 Journal of the International Group of the Communist Left (IGCL) Biannual – September 2017 Summary Capitalism is Crisis and War. Only the International Proletariat Can Oppose it by Destroying Capitalism International Situation IGCL Communiqué on the French Presidential Election (May 7th 2017) What Significance and Implications Do the French Parliamentary Election Have for the French and International Proletariat ? Workers Struggles throughout the World Correspondence On the Real Class Political Positions of the Movement Interventionistische Linke in Germany and the “Black-Bloc” and “antifa” milieu Debate within the Proletarian Camp On the Role and Structure of the Revolutionary Organization (PCint – Battaglia Comunista, 2nd Part, 1978) Reflections on the Intermediary Groups between the Party and the Class Internal Debate on the Period of Transition Text of the Working Class Movement F. Engels' Letter to Borgius, about the Method of Historical Materialism (January 25th 1894) E-mail : [email protected], website : www.igcl.org 4 dollars/3 euros Content (Our review is also available in French) Capitalism is Crisis and War. Only the International Proletariat Can Oppose it by Destroying Capitalism.................................................................................................................................... 1 International Situation IGCL Communiqué on the French Presidential Election May 7th 2017)..............................................2 What Significance and Implications Do the French Parliamentary -
Chapter 5 the Decentralisation of Collective Bargaining in France: an Escalating Process
Chapter 5 The decentralisation of collective bargaining in France: an escalating process Udo Rehfeldt and Catherine Vincent 1. Introduction In France, social dialogue has hardly existed without either government intervention or an acute social crisis. Political interference both reÀ ects and maintains the loose links between social partners. As a result, the key role of state intervention and a long- standing mutual distrust between employers and trade unions mainly explain the relative weakness of the French collective bargaining system. However, in the years of rapid economic growth, a powerful system of sectoral bargaining, by general use of extension procedures, spread the agreed bene¿ ts from one sector of activity to another and from company to company. Since the mid-1980s, annual bargaining on wages and working time has been compulsory in any company hosting one or more trade unions. In the meantime, employers have chosen to privilege company-level bargaining to weaken the constraints imposed by legislation or even by sectoral bargaining. This early process of decentralisation accelerated after the 2004 law implemented a limited reversal of the hierarchy of norms. This overhaul of collective bargaining, introducing more autonomy at company level, was also desired by some union confederations. Within the economic crisis, reforms were passed to reduce labour regulation and increase labour market À exibility. In order to implement their employment policies and to ensure À exibility, governments have favoured both national multi-sector and company-level bargaining. If the sectoral level remains a place for determining employment and working conditions, the regulatory capacity of sectoral agreements has declined. -
PLEASE DO NOT REMOVE THIS PAGE Societies
Thank you for downloading this document from the RMIT Research Repository. The RMIT Research Repository is an open access database showcasing the research outputs of RMIT University researchers. RMIT Research Repository: http://researchbank.rmit.edu.au/ Citation: See this record in the RMIT Research Repository at: Version: Copyright Statement: © Link to Published Version: PLEASE DO NOT REMOVE THIS PAGE societies Article France’s #Nuit Debout Social Movement: Young People Rising up and Moral Emotions Sarah Pickard 1,* and Judith Bessant 2,* 1 Institut du Monde Anglophone, Université Sorbonne Nouvelle—Paris 3, 75006 Paris, France 2 School of Global, Urban and Social Studies, RMIT University, Melbourne, VIC 3000, Australia * Correspondence: [email protected] (S.P.); [email protected] (J.B.) Received: 20 August 2018; Accepted: 11 October 2018; Published: 16 October 2018 Abstract: Set against a backdrop of austerity and neoliberal policies affecting many young people adversely, the Nuit Debout protest movement in France began in March 2016 when people gathered in public spaces to oppose the Socialist government’s plan to introduce neoliberal labour legislation. Like other post-2008 movements, Nuit Debout was leaderless, non-hierarchical, and relied on social media for political communication and to mobilise participants. The Nuit Debout was also a movement inspired by powerful moral-political emotions such as righteous anger and hope. In this article, the authors address two questions. First, what features of Nuit Debout distinguished it from earlier social movements in France? Second, what role did moral emotions play in mobilising people to act as they did? Drawing on interviews with young protestors and their own testimonies, we argue that Nuit Debout was a distinctive form of protest for France. -
The French Elections of 2017: Shaking the Disease?
West European Politics ISSN: 0140-2382 (Print) 1743-9655 (Online) Journal homepage: https://www.tandfonline.com/loi/fwep20 The French elections of 2017: shaking the disease? Anja Durovic To cite this article: Anja Durovic (2019) The French elections of 2017: shaking the disease?, West European Politics, 42:7, 1487-1503, DOI: 10.1080/01402382.2019.1591043 To link to this article: https://doi.org/10.1080/01402382.2019.1591043 Published online: 16 Apr 2019. Submit your article to this journal Article views: 426 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=fwep20 WEST EUROPEAN POLITICS 2019, VOL. 42, NO. 7, 1487–1503 https://doi.org/10.1080/01402382.2019.1591043 ELECTIONS IN CONTEXT The French elections of 2017: shaking the disease? Anja Durovic Sciences Po, Centre D’Etudes Europeennes et de Politique Comparee (CEE), LIEPP, Paris, France ABSTRACT The results of the 2017 presidential and legislative elections represent an important shift in French politics. For the first time in the history of the 5th French Republic, the candidates of the two traditional governing parties were disqualified during the first round of the presidential elections. The duel between a centrist and a radical-right candidate in the second round of the elections constitutes an unprecedented configuration. Moreover, there was a record parliamentary renewal after the 2017 legislative elections, as well as a feminisation of the National Assembly with 38.8 per cent of women among the deputies. At the same time, abstention for the legislative elections reached a new record high.