Relativiser l'autonomie du contrat de travail à l'égard du tissu conventionnel

Jacques Barthelemy and Gilbert Cette

Revue française d'économie, 2010, vol. Volume XXV, issue 2, 137-165

Abstract: Although the decline in GDP in 2008 and 2009 was twice as great in Germany as it was in France, there was no deterioration in employment and the unemployment rate, unlike what was observed in France. The main cause for this divergence is the implementation in Germany of agreements providing for the temporary reduction of working time and wages in return for guarantees regarding job protection. These types of collective agreements cannot currently be envisaged in France as they would substantially undermine the content of employment contracts, whereas in Germany collective agreements form part of employment contracts. These observations raise forcefully the question of the autonomy of employment contracts in relation to collective agreements. This study describes the modalities that make it possible to mitigate the autonomy of employment contracts in relation to collective agreements. These modalities would make it possible to reinforce the protective role of employment legislation by giving trade unions and employers? organizations some control over redefining the relationship between employment contracts and collective agreements.

Date: 2010
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Journal Article: Relativiser l’autonomie du contrat de travail à l’égard du tissu conventionnel (2010)
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