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Les modes amiables de rupture du contrat de travail

Abstract : The ways to break a work contract amicably are booming . Even if the amicable break of the contractual relationship , from Article 1134 of the civil code , has been recognized for several decades , its lack of real understanding and use by the social legislation limits its use , even though its effectiveness,regarding the fixed period employment contracts and the training contract does not need to be proven any more ! The current revival of this way to break a contract comes from the creation of a new act : the 25 th june 2008 modernization of the labour market law . The conventional breach, supposed to be an act which permits to reinforce the safety of the relational breach has boosted the confidence of employers as well as employees, when the use of consualism , they had created, has to be broken .So, without really putting into question the breach itself the origin of which being the common law, the conventional breaking is the most likely act to put an end to the hegemony of unilateral acts of breach
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Submitted on : Wednesday, May 6, 2015 - 1:02:05 PM
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  • HAL Id : tel-01149113, version 1



Jennifer Decamps. Les modes amiables de rupture du contrat de travail. Droit. Université d'Avignon, 2014. Français. ⟨NNT : 2014AVIG2039⟩. ⟨tel-01149113⟩



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