The Evolution of Labour Law (1992-2003)

Total Page：16

File Type：pdf, Size：1020Kb

CL_510915 Int-Cyan=pms660 8/11/05 9:26 Page 1 THE EVOLUTION OF LABOUR LAW (1992-2003) VOLUME 1: GENERAL REPORT Silvana Sciarra Professor of Labour Law Florence University [email protected] Employment social affairs Industrial relations and industrial changes European Commission Directorate-General for Employment, Social Affairs and Equal Opportunities Unit D.2 Manuscript completed in June 2005 CL_510915 Int-Cyan=pms660 8/11/05 9:26 Page 2 This report was financed by and prepared for the use of the European Commission, Directorate-General for Employment, Social Affairs and Equal Opportunities. It does not necessarily represent the Commission's official position. If you are interested in receiving the electronic newsletter "ESmail" from the European Commission's Directorate-General for Employment, Social Affairs and Equal Opportunities, please send an e-mail to [email protected]. The newsletter is published on a regular basis in English, French and German. Europe Direct is a service to help you find answers to your questions about the European Union Freephone number (*): 00 800 6 7 8 9 10 11 (*) Certain mobile telephone operators do not allow access to 00 800 numbers or these calls may be billed. A great deal of additional information on the European Union is available on the Internet. It can be accessed through the Europa server (http://europa.eu.int). Cataloguing data can be found at the end of this publication. Luxembourg: Office for Official Publications of the European Communities, 2005 ISBN 92-894-8501-9 © European Communities, 2005 Reproduction is authorised provided the source is acknowledged. Printed in Belgium PRINTED ON WHITE CHLORINE-FREE PAPER CL_510915 Int-Cyan=pms660 8/11/05 9:26 Page 3 Table of contents I. INTRODUCTION . 5 1. The composition and the mandate of the research group . 5 2. The structure of the General Report . 7 II. A COMPARATIVE LEGAL METHODOLOGY . 9 1. National constitutional traditions . 9 2. Convergence of legal standards . 9 III. CONSTITUTIONAL DEVELOPMENTS . 11 1. The institutional context . 11 2. The incorporation of the European Convention on Human Rights (ECHR) in national legal systems . 11 3. The expansion of constitutional rights . 13 IV. THE IMPACT OF THE EUROPEAN EMPLOYMENT STRATEGY ON NATIONAL LABOUR LAW . 15 1. From Maastricht to Amsterdam and Lisbon . 15 2. Changes within national administrations under the OMC . 17 3. How to preserve a language of rights in the OMC . 18 V. EVOLUTION AND THE ‘AUTONOMY’ OF LABOUR LAW . 21 1. Autonomy from commercial law: agency work . 23 2. Autonomy from the market: economically dependent work. Beyond dependent and self-employed workers . 30 3. Family-friendly labour law . 34 VI. AREAS OF EVOLUTION,WITH ADJUSTMENTS TOWARDS FLEXIBILITY . 37 1. Fixed-term contracts . 39 2. Part-time work . 41 3 CL_510915 Int-Cyan=pms660 8/11/05 9:26 Page 4 Table of contents VII. THE EVOLVING RELATIONSHIP BETWEEN LAW AND COLLECTIVE AGREEMENTS . 45 1. Collective agreements and derogation from the law . 46 2. How to rationalise the structure of collective bargaining . 47 3. The expansion of collective agreements to new groups of workers and content . 48 4. Conclusions . 49 VIII. CHANGES IN REGULATORY TECHNIQUES . 51 IX. THE IMPACT OF EU LAW . ..

Copy Link

Recommended publications

Discrimination Law in France
Discrimination Law in France Discrimination Law In France Pascal Lokiec University Paris XIII The principle of non discrimination is a core aspect of French labour law. The sources of discrimination law are diverse. The first is constituted of EC law, that has largely determined the French law of discrimination. The second comes from the French constitution. The principle of non discrimination has constitutional value, by virtue of the Preamble to the Constitution of 1946 that prohibits discrimination with regard to criteria of sex, race, belief and trade union activity, and of the current Constitution (1958) that contains a provision according to which "the nation ensures equality before the law of all citizens, whatever their ethnic origin, race or religion (article 2). Moving from the Constitution to statute law, the labour code contains several provisions on discrimination, especially a provision that lists all grounds of prohibited discrimination: article L 122-45. Two preliminary remarks are necessary. First, French labour law has largely been influenced by EC law relative to discrimination, and the case law of the European Court of Justice is at least as important as that of the Cour de cassation to understand the law of discrimination applicable in France. Second, although discrimination law has considerably increased in importance in French law, due to the influence of the European Union, French labour law is not built around discrimination law. And the focus on discrimination is regularly criticised in the name of workers protections. For instance, an attempt has been made to see harassment as an issue of sex discrimination, which would certainly have weakened the law of harassment, especially the possibility to rule against psychological harassment which is not at first a problem of discrimination.
[Show full text]
Labour Market Reforms and Collective Bargaining in France
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Nikolka, Till; Poutvaara, Panu Article Labour Market Reforms and Collective Bargaining in France ifo DICE Report Provided in Cooperation with: Ifo Institute – Leibniz Institute for Economic Research at the University of Munich Suggested Citation: Nikolka, Till; Poutvaara, Panu (2019) : Labour Market Reforms and Collective Bargaining in France, ifo DICE Report, ISSN 2511-7823, ifo Institut – Leibniz-Institut für Wirtschaftsforschung an der Universität München, München, Vol. 16, Iss. 4, pp. 44-49 This Version is available at: http://hdl.handle.net/10419/199048 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu REFORM MODEL REFORM MODEL Till Nikolka and Panu Poutvaara lenges facing the French economy.
[Show full text]
“Loi Travail: the Article 2 and the Reversal of the Hierarchy of Norms in the French Labour Market”
Master Degree Program - Second Cycle (D.M 270/2004) - In International Management Corso di Laurea Magistrale in Economia e Gestione delle Aziende Final Thesis “Loi Travail: the Article 2 and the Reversal of the Hierarchy of Norms in the French Labour Market” Supervisor Professor Gaetano Zilio Grandi Co-Supervisor Professor Giuliano Zanchi Graduand Giulia Tonelli Matricolation Number 855458 Academic Year 2015/2016 1 In Memory of my Grandfather.. 2 Table of contents Introduction .…………………….……………………………………………………………………………............4 Chapter 1: A controversial French Labour Reform……………………………………………….6 1.1 Criticism and Manifestation…………………………………………………………………………………..6 1.2 Art 49, 3 of the French Constitution……………………………………………………………………..12 1.3 The fight against the French unemployment…………………………………………………….….21 1.4 The Draft Law …………………………………………………………………………………………………....26 1.5 Jobs Act and Loi Travail: a difficult comparison……………………………………………………32 Chapter 2: The development of the Collective Bargaining in France…………………….34 2.1 A brief overview………………………………………………………………………………………………....34 2.2 A constant evolution of the CBA in the French reforms ………………………………………..39 2.3 The role played by Jurisprudence and State………………………………………………………….48 2.4 Bilan 2015: An analysis of the results …………………………………………………………………..52 2.5 An economic approach to the Collective Bargaining……………………………………………..57 2.6 An European view……………………………………………………………………………………………….59 Chapter 3: The ex-Art.2 and the Reversal of the “Hierarchy of Norms”……………..…64 3.1 The Hierarchy of Standards…………………………………………………………………………………66
[Show full text]
The Evolution of Labour Law: Calibrating and Comparing Regulatory Regimes
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Research Papers in Economics THE EVOLUTION OF LABOUR LAW: CALIBRATING AND COMPARING REGULATORY REGIMES Centre for Business Research, University of Cambridge Working Paper No. 352 by Simon Deakin Centre for Business Research University of Cambridge Judge Business School Building Trumpington Street Cambridge CB2 1AG [email protected] Priya Lele Ashursts 5 Broadwalk House Appold Street UK London EC2A 2HA [email protected] Mathias Siems School of Law University of Edinburgh Old College South Bridge Edinburgh EH8 9YL [email protected] September 2007 This Working Paper forms part of the CBR Research Programme on Corporate Governance Abstract We present evidence on the evolution of labour law in five countries (the UK, USA, Germany, France and India) using a newly-created dataset which measures legal change over time. The results cast light on the claim that legal origin, or the influence of common law and civil law regulatory styles, affects the content of labour law regimes. We find some divergence between common law and civil law countries at the aggregate level but a more complex picture when the index is decomposed so as to identify changes in specific areas of labour law. We discuss the potential significance of this relatively new approach to the measurement of law for understanding the forces at work in the evolution of labour law. JEL Codes: J53, K31 Keywords: labour law, legal origin Acknowledgements The work reported here was carried out at the Centre for Business Research, University of Cambridge, and supported by a grant from the Economic and Social Research Council’s World Finance and Economy Programme.
[Show full text]
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.
[Show full text]
Getting the Deal Through – Labour & Employment 2019 – France
Labour & Employment 2019 Contributing editors Matthew Howse, Sabine Smith-Vidal, Walter Ahrens, K Lesli Ligorner and Mark E Zelek Morgan Lewis © Law Business Research 2019 France Sabine Smith-Vidal and Charles Dauthier Morgan, Lewis & Bockius LLP LEGISLATION AND AGENCIES Enforcement agencies 3 What are the primary government agencies or other entities Primary and secondary legislation responsible for the enforcement of employment statutes and 1 What are the main statutes and regulations relating to regulations? employment? The administration of French labour law is entrusted to the Ministry of The main statutes and regulations relating to employment are the Labour, which is represented by regional and departmental directors Labour Code, the Social Security Code, administrative regulations and and by labour inspectors organised through regional bodies. The judi- collective bargaining agreements, either at a field-of-activity level or cial enforcement of French labour law is the primary responsibility of at a company level. International treaties, European legislation, the the labour courts, which are competent to judge all individual disputes Constitution of 1958 and associated sources and the Civil Code, which arising out of the employment relationship. The Défenseur des droits, contain provisions that apply to employment, should also be mentioned. a French independent administrative authority, may assist the labour courts in order to identify and assess cases of discrimination. Protected employee categories 2 Is there any law prohibiting discrimination or harassment in WORKER REPRESENTATION employment? If so, what categories are regulated under the law? Legal basis 4 Is there any legislation mandating or allowing the The Labour Code protects employees against harassment and discrimi- establishment of employees’ representatives in the nation, either direct or indirect, at work.
[Show full text]
French Labour Law Reforms a Friendlier Legal Landscape
French labour law reforms A friendlier legal landscape On 23 September 2017 the French government adopted administrative orders setting out details of the labour law reforms on which consultation had been under way since the election of Emmanuel Macron as president in May. The changes are intended to tackle unemployment, and stimulate France’s economy by providing a simpler and more secure set of rules for employers and investors. The most important reforms relate to rules on termination of employment, employee representation and collective negotiation. We summarise the main changes below: Termination of employment A cap set on damages for unfair dismissal Previously the amount of damages that a labour court could award for unfair dismissal was unlimited, and the minimum for an employee with at least two years’ service was six months’ pay. The reforms provide that both minima and maxima will apply. The minimum (again after two years’ service) has been reduced to three months, and lower minima apply in companies with fewer than 11 employees. The maximum ranges from one to 20 months’ gross pay, depending upon length of service: for service up to seven years, the maximum award is one month’s pay per year plus an extra month, and thereafter the maximum increases more slowly (e.g. 10 months’ pay for 10 years’ service, 15.5 months’ pay for 20 years). It should be assumed that for these purposes “gross pay” means total remuneration including variable pay and benefits in kind, though this remains to be confirmed. The new maxima do not apply in certain circumstances (e.g.
[Show full text]
Efrecord Word Template
WORKING PAPER Digital Age Employment and working conditions of selected types of platform work National context analysis France Employment and working conditions of selected types of platform work Disclaimer: This working paper has not been subject to the full Eurofound evaluation, editorial and publication process. Author: Jean-Philippe Lhernould – University of Poitiers Research Manager: Irene Mandl Eurofound reference number: WPEF18054 Related report: Digital Age – Employment and working conditions of selected types of platform work © European Foundation for the Improvement of Living and Working Conditions (Eurofound), 2018 Reproduction is authorised provided the source is acknowledged. For any use or reproduction of photos or other material that is not under the Eurofound copyright, permission must be sought directly from the copyright holders. Any queries on copyright must be addressed in writing to: [email protected] The European Foundation for the Improvement of Living and Working Conditions (Eurofound) is a tripartite European Union Agency, whose role is to provide knowledge in the area of social, employment and work-related policies. Eurofound was established in 1975 by Council Regulation (EEC) No. 1365/75 to contribute to the planning and design of better living and working conditions in Europe. European Foundation for the Improvement of Living and Working Conditions Telephone: (+353 1) 204 31 00 Email: [email protected] Web: www.eurofound.europa.eu Contents Introduction .....................................................................................................................................
[Show full text]
12/13 Forced Labour
National Regulations DECENTWORKCHECK.ORG 01/13 Work & Wages Regulations on work and wages: French Labour Code, Consolidated Version on 25 December 2013 Decree No. 2013-1190 of 19 December 2013 Minimum Wage The wage paid by the employer cannot be less than the national minimum wage (SMIC). In 2013, the gross monthly SMIC, for a 35-hour working week, is €1,430.22. The collective agreement applicable to the contract of employment may also specify a minimum wage depending on the employee's classification (Employment & Labour Law 2013). Employee participation in the economic development of the nation is assured by fixing the minimum wage each year with effect from 1 January (Article L3231-6). The minimum wage applies to all salaried workers, including those working in both public and private businesses of an industrial or commercial nature. (Article L3231-1). The national minimum wage (SMIC) can be adjusted in two ways: indexing of SMIC to the consumer price index (CPI) so that when the CPI increases by at least 2%, minimum wage is increased by the same percentage and the setting of a new SMIC by Government through a decree following the opinion of National Committee on Collective Agreements. The Committee is made up four representatives each from government, workers and employers side. The criteria for increase in the minimum wage takes into account the needs of workers and their families; cost of living in the country; level of wages and income in the country; and economic . Regular Pay In accordance with Article L3241-1 of the Labour Code, an employer is under the obligation to pay the worker his/her wages in cash or by crossed check or by transfer to a bank or postal account.
[Show full text]
Muslim Immigration in France: an Interdisciplinary Exploration
2 Muslim Immigration in France: An Interdisciplinary Exploration A thesis submitted to the Miami University Honors Program in partial fulfillment of the requirements for University Honors with Distinction by Kathleen Joelle Guiler May 2007 Oxford, Ohio 3 Abstract Muslim Immigration in France: An Interdisciplinary Exploration By Kathleen J. Guiler In November 2005, the world watched in shock as protests and riots broke out in the outskirts of many of France’s cities. Although many groups were involved in the riots, they were closely linked to France’s Muslim community. Many of young people involved in the riots, though not devout themselves, came from families that have emigrated from traditionally Muslim countries. This is just one is a long series of clashes between French Muslims and France’s majority. For example, in 2004 young Muslim women in France found themselves in the international spotlight when they insisted on their right to adopt the hijab and wear headscarves in public schools. While these conflicts have varied in terms of severity, they all set forth a similar set of questions, particularly ones that examine underlying issues in an attempt to stop violent confrontations. These questions are so broad and complicated that they necessitate a similarly wide-ranging approach. Therefore, this paper is not traditional in the sense that it does not have a single guiding thesis statement followed by a review of existing literature, a presentation of new evidence, and a conclusion. Rather, it is divided into three parts that address the issue of Muslim immigration from a variety of angles. Each of these sections has a slightly different focus with related conclusions; however when read as a whole, this paper will give the reader a broad but thorough understanding of the recent conflicts in France.
[Show full text]
Employment Precariousness” in a European Cross-National Perspective
”Employment precariousness” in a European cross-national perspective. A sociological review of thirty years of research Jean-Claude Barbier To cite this version: Jean-Claude Barbier. ”Employment precariousness” in a European cross-national perspective. A sociological review of thirty years of research. 2011. halshs-00654370 HAL Id: halshs-00654370 https://halshs.archives-ouvertes.fr/halshs-00654370 Submitted on 21 Dec 2011 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Documents de Travail du Centre d’Economie de la Sorbonne “Employment precariousness” in a European cross-national perspective. A sociological review of thirty years of research Jean-Claude BARBIER 2011.78 Maison des Sciences Économiques, 106-112 boulevard de L'Hôpital, 75647 Paris Cedex 13 http://centredeconomiesorbonne.univ-paris1.fr/bandeau-haut/documents-de-travail/ ISSN : 1955-611X 09/12/2011 “Employment precariousness” in a European cross-national perspective, A sociological review of thirty years of research1 Jean-Claude Barbier∗, (CES) CNRS Résumé Le sujet qui est traité en France sous la catégorie de « précarité de l’emploi » entre dans d’autres catégories comparatives internationales : emploi atypique, emploi non standard, etc. Les recherches en sciences sociales sur ce sujet ont commencé, en économie institutionnaliste et en sociologie, dans les années 70 avec l’apparition de plusieurs sortes de marchés, et de formes particulières d’emploi.
[Show full text]
New Trade Union Strategies for New Forms of Employment
NEW TRADE UNION STRATEGIES FOR NEW FORMS OF EMPLOYMENT This research was written by Nicola Countouris, Professor of Labour Law and European Law, Faculty of Laws, University College London and Valerio De Stefano, BOF-ZAP Research Professor of Labour Law, Faculty of Law, Katholieke Universiteit Leuven. The writer and the ETUC want to thank to members of the Steering Committee of the project "New Trade Union Strategies for New Forms of Employment" for their contributions to the research and their work throughout the project. The organisations members of the Steering Committee were the European Arts and Entertainment Alliance (EAEA), Eurocadres, the European Transport Federation (ETF) and the European Federation of Journalists (EFJ). When quoting or citing this publication, please consider the following reference: COUNTOURIS, N., DE STEFANO, V. (2019) New trade union strategies for new forms of employment. ETUC. Brussels With the financial support of the European Commission NEW TRADE UNION STRATEGIES FOR NEW FORMS OF EMPLOYMENT CONTENTS Executive summary 07 1. Introduction and presentation of the report 09 2. Analytical framework 12 3. Structure of the report 14 4. Who is a worker – a comparative analysis of the personal scope of application of labour law in Europe 18 5. Beyond employment: quasi-autonomy and the self-employed in a comparative perspective 22 5.1 Protection afforded to quasi-subordinate and economically dependent workers 25 5.2 A full extension of labour protection to quasi-subordinate and economically dependent workers? 28 5.3 The labour and social rights of self-employed persons 29 6. Beyond the binary divide: testing the self-employment monolith 33 6.1 The performance of personal work or services to one main client 34 6.2 The performance of personal work or services to a multitude of clients or customers 35 6.3 The performance of personal work or services to one main client, while also owning some of the ‘means of production’ necessary to generate those services 35 6.4 The performance of personal work or services in association with others 36 7.
[Show full text]