Restructurations et droit social

Abstract : In an unsettled economic climate, the result in particular of globalisation of trade, the financialisation of the economyand accelerating technological change, further marked by the endemic apathy of French economic growth, theprosperity and survival of companies depend on their capacity to adapt constantly to market trends in order tosafeguard their competitiveness, to ensure their development and to stand up to ever increasingly harsh competition.Whilst restructuring is essential to ensure the long-term survival of companies, on which maintaining jobs, a dynamiclabour market and the creation of wealth all depend, it frequently endangers the interests of employees. Manyrestructuring operations thus threaten their employment and consequently their economic and material security, butalso their collective rights when it comes to advantages resulting from their collective status or their right to participatein determining their working conditions and in the management of the company through their representatives, whosemandate may be impacted by a restructuring operation. While such operations endanger the interests of employees andgenerate a social cost borne to a large extent by the national community, law, and in particular social law, cannotchallenge restructuring projects. Such decisions and their implementation fall within the purview of the freedom to actenjoyed by corporate managers that social law cannot in any way impede by interfering in their economic and strategicchoices. The purpose of this study is therefore to show how social law, despite its inability to influence restructuringdecisions, seeks to limit the social cost by preserving as best as possible the interests of employees.
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Submitted on : Monday, November 23, 2015 - 5:20:08 PM
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  • HAL Id : tel-01153634, version 2



Magali Gadrat. Restructurations et droit social. Droit. Université de Bordeaux, 2014. Français. ⟨NNT : 2014BORD0453⟩. ⟨tel-01153634v2⟩



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