Employment tribunals, from judicial activity to trade union rationales: The history and sociology of a non-professional court (1806–2014)
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TexteLangue : français Détails de publication : 2015.
Ressources en ligne : Abrégé : The article analyses the way in which employment tribunals (Conseils prud'homales) have taken shape as jurisdictions in labour matters since their creation in 1806. It shows how they are structured around a three-fold identity : they are a form of peer justice based on the fundamentals of trade union representation and on the requirements of due observance of judicial and legal forms. These three characteristics enable not only a better understanding of the birth and development of the institution in the course of the 19th and 20th centuries, but also of the reality of the work of their counsellors. Finally, the article shows how far-reaching reforms are changing the institution and weakening its intrinsic balance.
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The article analyses the way in which employment tribunals (Conseils prud'homales) have taken shape as jurisdictions in labour matters since their creation in 1806. It shows how they are structured around a three-fold identity : they are a form of peer justice based on the fundamentals of trade union representation and on the requirements of due observance of judicial and legal forms. These three characteristics enable not only a better understanding of the birth and development of the institution in the course of the 19th and 20th centuries, but also of the reality of the work of their counsellors. Finally, the article shows how far-reaching reforms are changing the institution and weakening its intrinsic balance.
Réseaux sociaux