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Un nouveau droit de la négociation collective : essai sur la négociation organisationnelle

Abstract : As the 20th century dawned in France collective bargaining emerged as a new practice. At mass-level it compensates the inequality between an employer and an employee in the power relationship which stems from any individual employment contract.Following the development of that conventional practice lawmakers have established a new field of lawconcerning collective bargaining which aims at improving the working and living conditions of salaried workers.Since 1982, the aim of collective bargaining has been extended to cover the improvement of organization andrelations on the workplace. Organizational collective agreements have come to defend (more) general interestssuch as the interest of a given company or of society and not only the interests of the different categories of salaried workers. These agreements can thus create duties for the employees or contain clauses witch are less favourable to them.In order for the organizational agreements to be fully effective law-makers have reformed the regulations which govern the protection of employees and in some cases even approved collective agreements -namely company agreements- which depart from the law or higher level agreement, and become less favourable.This study will demonstrate that it was possible to act differently.Indeed organizational agreements could have existed without infringing the protection of worker’s rights, such asit is required by labour law. Nevertheless, the potentially less favourable character or quid pro quo principle of organizational agreements required reforming the rules relating their legitimacy
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Submitted on : Wednesday, April 13, 2011 - 11:29:06 AM
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  • HAL Id : tel-00585545, version 1



Ioannis Kappopoulos. Un nouveau droit de la négociation collective : essai sur la négociation organisationnelle. Droit. Université du Droit et de la Santé - Lille II, 2010. Français. ⟨NNT : 2010LIL20012⟩. ⟨tel-00585545⟩



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