Cours Les Sources Du Droit Du Travail PDF

# LES SOURCES DU DROIT DU TRAVAIL ## 1. LES SOURCES INTERNATIONALES * The sources of French labor law are: * **International conventions** from the International Labor Organization, the Council of Europe and the EU. * These conventions mainly have **direct effects** in French law and take...

# LES SOURCES DU DROIT DU TRAVAIL ## 1. LES SOURCES INTERNATIONALES * The sources of French labor law are: * **International conventions** from the International Labor Organization, the Council of Europe and the EU. * These conventions mainly have **direct effects** in French law and take precedence over national and professional standards. ### International conventions * The main objective of international conventions is to achieve greater social justice in the world. * **Examples:** * Prohibition of child labor * Prohibition of slavery * Prohibition of discrimination between employees * **France has ratified:** * The *European Convention on Human Rights* in 1974 * The *European Social Charter* in 1973 * **European Convention on Human Rights:** * Prohibits slavery and forced labor. * Recognizes the freedom of association. * **European Court of Human Rights:** * Recognizes the *positive freedom* of joining a union. * Recognizes the *negative freedom* of not joining a union. * **European Social Charter:** * Recognizes the right to equal opportunities and treatment in employment and occupation based on: * Sex * The right to information and consultation. * The right to protection in case of dismissal. * The right to dignity at work. ### European Community Law * This law aims to harmonize social rules in EU Member States by: * Imposing minimum rules applicable throughout the EU. * Promoting the recognition of certain rights. * **Key legal instruments**: * **Community standards** * **EU directives** * **Regulations** * These require transposition into the national legislation of EU Member States. * **Examples:** * The *Treaty of Rome* imposes the principle of equal pay for men and women. * **EU directives** cover: * Equality between men and women in the workplace. * Transfer of undertakings. * Protection for employees in case of insolvency. * Minimum rules for collective redundancies. ## 2. LES SOURCES NATIONALES * **Main sources of French labor law domestically:** * **Constitution** * **Law** * **Ordinances** * **Decrees** * **Regulations** * **Case law** ### La constitution * The 1946 Constitution states in its preamble fundamental economic and social rights including: * Right to employment * Duty to work * Freedom of association * Right to strike * Prohibition of discrimination * Equality between men and women. ### La loi, les ordonnances, les décrets et règlements * **Law:** * Defines the basic principles of labor law, union law and social security. * This is the domain of the legislature. * **Ordinances:** * Issued by the government under parliamentary control. * Facilitate the speedy adoption of legislation. * **Decrees and ministerial orders:** * Issued by the government. * Clarify the scope and methods of implementation of laws. ### Le Code du travail * A compilation of legislative, regulatory and decretal norms that constitute French labor law. ## 3. LES AUTRES SOURCES DU DROIT * **Customary practice and professional usage, collective agreements, internal regulations and employment contracts.** ### L'usage * Traditional source of labor law. * Law sometimes refers to usage. * Certain practices remain binding in certain professions. ### Les conventions collectives * These play a vital role in the evolution of labor law. * **Types:** * **Ordinary Collective Agreements:** * Applicable to companies covered by the agreement and affiliated with signatory employers' organizations. * **Extended Collective Agreements:** * Become mandatory for all employers in the sector nationwide. * **Broadened Collective Agreements:** * Become mandatory for other sectors. * **All collective agreements define:** * Geographical scope: local, regional, national * Professional scope ### Le règlement intérieur * Must be established in companies with 20 or more employees and covers: * General and permanent rules of discipline. * Measures under occupational safety and health regulations. ### Contrat de travail * Establishes rights and obligations between the employer and employee, including: * Specific clauses such as: * Mobility * Non-compete provisions ## 4. LA HIERARCHIE DES SOURCES DU DROIT SOCIAL * The principle of *hierarchical order of legal norms*. A norm can only derive its force from a higher norm. * Labor contracts must comply with agreements and customary practice, themselves based on collective agreements and law. * However, collective agreements may create a more favorable standard for employees than the law itself. ## 5. LA VEILLE SOCIALE * Social legislation is constantly evolving. * This necessitates the continuous updating of payrolls. * It also requires companies to: * Identify legal and social developments. * Respect and apply the latest rules. ### The principle of *juridical and social vigilance* is essential. * This requires research and identification of information from: * **Sources of juridical information** * **New juridical and social standards** * It involves processing, disseminating, and transferring this information to interested stakeholders. * *Vigilance* can be done through: * **Free or paid sources of information:** * **Specialized publishers:** * Francis Lefebvre * Lamy * Fiduciaire * **Online services:** * Subscription services from various publishers. * Websites of professional organizations * **Websites:** * **Legifrance:** official legal portal for France. * **Travail-emploi.gouv.fr:** Ministry of Labor. * **URSSAF:** National Social Security Fund. ## 6. LA HIERARCHIE DES DROITS * There is a hierarchy of legal norms in France. A lower norm can deviate from a higher norm if it is more favorable to the employee. ## 7. LE VOTE DE LA LOI SOCIALE * Social legislation is amended or created when: * **There are social considerations:** * Longer paid leave * Reduced working time * Minimum wage * **There are economic considerations:** * Measures to fight unemployment. * **The consultation process for a new law:** * **Government:** * Consults the social partners on new laws. * Presents a draft to the Council of Ministers. * **Council of State:** * Provides a mandatory opinion for lawmakers. * **Economic and social council:** * Provides advice. * **Parliamentary Committee:** * Examines the bill, proposes amendments, drafts a report. * **Assembly and Senate:** * Process the bill until a final version is agreed upon. * In case of a tie, **the National Assembly has the final decision.**