L'unité économique et sociale

Abstract : The social and economic union commonly called ‘SEU’ is a case law creation. This union appeared at the beginning of the 1970s to end the tax evasion of some employers who wanted to divide their firms into smaller ones in order to avoid the creation of work force representative unions. These small firms were then considered as one and only firm for labour representation by the judge because the same person leads a work force which deals with the same business. Quickly used over tax evasion hypotheses, the ‘SEU’ also became liberated from wage policies. This liberation is mostly the work of the jurisprudence, the legislator having hardly legislated on the ‘SEU’. The individual work force relations, and the collective ones in a greater part, opened to the ‘SEU’ that way. Until the beginning of the years 2000, the doctrine was very enthusiastic about the ‘SEU’, and even thought that it should be considered as the Labour law representation. Today this momentum has fallen off. The ‘SEU’ is made of several judicial persons who keep their own characteristics despite the ‘SEU’ recognition. The launching of the ‘SEU’ in the whole labour field seems now unconceivable, even if the ‘SEU’ is one of the firm’s social representation in Labour laws. What we want to know is the importance that should be given to the ‘SEU’ in Labour laws.
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https://tel.archives-ouvertes.fr/tel-00918943
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Submitted on : Monday, December 16, 2013 - 10:19:44 AM
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Morgane Cloître. L'unité économique et sociale. Droit. Université Rennes 1, 2013. Français. ⟨NNT : 2013REN1G009⟩. ⟨tel-00918943⟩

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