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041 _afre
042 _adc
100 1 0 _aDidry, Claude
_eauthor
245 0 0 _aFrom Human Rights to the Labor Code. The Issue of the Labor Contract’s Definition
260 _c2018.
500 _a55
520 _aIn the 1900s’ legislative debates, labor contract is conceived as an exclusive relation between a worker and an employer, meaning the economic dependance of the former to the latter. But, the Code did not define the labor contract, and it left space for an intervention of the Cour de cassation that took subordination as the criterium of a labor contract. Thus, labor is less the activity of a worker than the expression of the will of an employer, with fundamental rights as the ultimate limit. The labor code proposition established by the GR-PACT adresses this gap, as it defines labor contract not only by the de facto power of the employer, but also by the economic dependance of the worker.
786 0 _nL'Homme et la société | 206 | 1 | 2018-05-14 | p. 241-264 | 0018-4306
856 4 1 _uhttps://shs.cairn.info/journal-l-homme-et-la-societe-2018-1-page-241?lang=en&redirect-ssocas=7080
999 _c1574557
_d1574557