The legal framework

of French Labour Law

Class 1
Definition of Labour Law

Labour law is defined as the different methods of

elaborating legal rules that govern labour relations
between private employers and those who work
under their authority.
Differences with the legal
systems in USA and UK

Employment at will” in USA

0 hours contract in United Kingdom
 Etymology

Labour : from Middle English labouren, from Old French laborer, from Latin
laborare to labor, strive, exert oneself, suffer, be in

distress.
 History
Labour law was born at the end of the 19th century. It
was essentially built in reaction to the egalitarian
ideal in the name of which the employer could
impose very challenging conditions on the employee
who was considered his equal in legal terms.
Since 1980 progress in Labor Law is observed in
multiple fields including health and safety issues,
protection against moral or sexual harassment and
the affirmation of the fundamental rights of the
employee such as respect for his/her private life and
a firm separation of private life and professional life.
 Purpose
Protection of the employee (the employment
contract).
Promotion of professional relations (conciliation in
between the interests of employees and employers).
Protection of employment (protection of people who
are already employed as well as of those who wish to
enter the professional sphere).
Social dumping (the practice whereby workers are
given pay and / or working and living conditions
which are sub-standard compared to those specified
by law or collective agreements in the relevant labour
market, or otherwise prevalent there.)
Sources of Labour Law

I. Supranational sources

II. National sources

I. Supranational source
A. International Law
International Labor organisation
The ILO brings together governments, employers
and workers of 187 member States , to set labour standards,
develop policies and devise programmes promoting
decent work for all women and men.
It was created in 1919, as part of the Treaty of Versailles that
ended World War I, to reflect the belief that universal
and lasting peace can be accomplished only if it is
based on social justice.
A. European Law
1. European Union sources
Treaty of Rome
Single European Act
Community Charter of the Fundamental social rights of workers
Maastricht Treaty
Charter of fundamental rights of the European Union
Treaty of Lisbon
Proclamation of the European Pillar of Social Rights
European Labour Authority
2. Secondary sources
Directives
Regulations
II. National sources

A. Sources applying to all legal branches

French Constitution 1958
Labour Code
Case law
Doctrine
B. Specific sources to
Labour Law

Labor agreements
Labor contract
Company regulations
Custom of company (the usual way of doing things)
Applicable norm in case of
multiple norms applying