16 septembre 2021

Base Documentaire : Doctrine

PETIT, Benoit

📝 The Arrangement of the Monumental Goals of Labor Law: a Moving and Often Paradoxical Whole, in 📘 Frison-Roche, M.-A. (ed),"Compliance Monumental Goals"

► Référence complète :  Petit, B., The Arrangement of the Monumental Goals of Labor Law: a Moving and Often Paradoxical Whole, in Frison-Roche, M.-A. (ed.), Compliance Monumental Goals, series "Régulations & Compliance", Journal of Regulation & Compliance (JoRC) and Bruylant, to be published.

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►  Résumé de l'article (fait par l'auteur):   Labor Law has been built on the pursuit of "monumental goals", many of which are now enshrined in international, european and national standards (social justice, the right to work, gender equality, the fight against discrimination, the fight against harassment, health and hygiene, etc.). The first step will be to shed light on the organization and articulation of these monumental goals, as reflected in positive international and european labor law. We then realize that from a "cardinal monumental goal" - the guarantee of the dignity of the person at work - there are distinct categories of "secondary monumental goals", depending on whether they develop a concern relating to the quality of work, its economic and financial sustainability, or the guarantee at work of civil and political rights recognized upstream to every person.

On this diversity of monumental goals, forces emanating from the concerned actors (companies, trade unions, and States) are exerted and promote certain goals rather than others; one vision of labor relationships rather than others. We observe that the different categories of "monumental goals" thus highlighted are driven by different rationalities, sometimes contradictory to each other, which requires the establishment of permanent balances, allowed by a serious reflection on the cardinal monumental goal of guaranteeing the dignity of the person at work. Unfortunately, in practice, this essential approach escapes the normative actors of labour relations law. The result is "conflicts" of monumental goals that manifest themselves in particular during social dialogue, at the time of collective bargaining and the functioning of employee representative bodies. It will therefore be necessary, in a second step, to question the way in which these conflicts can be arbitrated, bearing in mind that international and European social law is plural (ILO, Council of Europe, European Union) and that the coordination links between the legal systems concerned are fluid.

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📘 lire la présentation générale de l'ouvrage dans lequel cet article est publié

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