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Les périmètres du droit du travail

Abstract : Labor law constitutes the seat of a profusion of "scopes", which have been progressing, such that nowadays the notion became a central part of legal discourse: company, separate establishment, economic and social unit, group (in all meanings of the word), industries, geographic area, employment area, profession, inter-branch organization, etc. The first approach shows an explosion, even chaos. Thus far, these various scopes have involved fragmented analyses, because very often, they focus on a particular scope. Hence, it seemed necessary to grasp the notion of “scope” in a global perspective, in order to identify their borders, their places and their functions in the field of labor law, to organize their confrontation and to test the apparent need of this multitude of scopes, both in a theoretical and technical (even practical) perspective. In other words, set the scopes up as object of research was the aim of this work.In this regard, first of all, it was necessary to describe systemic organization of scopes in labor law, in the style of an overall picture. How were scopes institutionalized? Do their functions become confused or do they, on the contrary, tend to distinguish them? This analysis allows to make convincing the opportunity to group the scopes into two categories: those relating to a working community and those which tend to frame a decision-making process. The scopes systemic organization mustn’t hide the dynamics which characterizes them. Therefore, secondly, this research aims to orchestrate a confrontation of scopes, by identifying tensions and interactions generated by the confrontation, but also to detect their transformations – both undergone and voluntary. Hence, one is made to wonder what role does the collective bargaining plays, can play or must play to this regards
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Submitted on : Thursday, February 15, 2018 - 3:59:05 PM
Last modification on : Tuesday, January 15, 2019 - 4:24:13 PM
Long-term archiving on: : Sunday, May 6, 2018 - 11:18:21 AM


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  • HAL Id : tel-01710114, version 1



Aurélie Mussier. Les périmètres du droit du travail. Droit. Université de Lorraine, 2016. Français. ⟨NNT : 2016LORR0348⟩. ⟨tel-01710114⟩



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