L'unité économique et sociale en droit du travail

Abstract : UES constitutes a tool used to recompose the framework of the company. UES permits to consider thatseveral legally distinct entities constitute, in fact, a unique company. The recognition of an UESfacilitates the application of norms determined by the judge or the legislator, and especially normsrelated to collective representation. The evolution of its use has shaped its perimeter in a framework forthe exercise of the employees’ collective rights. However, if the UES corresponds in the search of thecompany in labor law, its regime stays at the state of "built case law" developed for useful purposes. Itleaves a feeling of unfinished. The consequences of the UES recognition cannot reach the individualworking relations. The employees remain contractually bound to their respective employers. Theobservation of a unique direction power between the legal entities doesn't permit to consider UES asbeing the unique employer of the set of the employees, nor even that its members are as much coemployers.The absence of moral personality of this type of grouping represents incontestably a limit inthe construction of its legal regime. The applicable solutions in a group of companies can also beapplicable in the UES. However, they only represent alternatives limited to the assignment of the moralpersonality. However, in the setting of the theory of the reality of the moral person, it appears that UEScould be considered like such. The recognition of the moral personality would have the effect of makingjointly responsible its members towards the employment of the employees who contribute to thedeployment of the economic activity in this perimeter.
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Aurélie Céa. L'unité économique et sociale en droit du travail. Droit. Université de Bordeaux, 2016. Français. ⟨NNT : 2016BORD0053⟩. ⟨tel-01376095⟩

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