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Book

French

ID: <

10670/1.y4havt

>

Where these data come from
Labour law. Management tools and methods
Disciplines

Abstract

'pbThe Law No 2016-1088 of 8 August 2016 (‘Labour Law’ or ‘El Khomri Law’) on work, the modernisation of social dialogue and the security of career paths has profoundly redesigned the understanding of the issues of “bbbgestion de travail”/bb, by affirming in these areas the “bbprimacy of company or establishment agreements”/bb. “/PB” pbThe collective bargaining, social dialogue between representative partners has become the instruments of this new normative approach with the emergence of a “conventional public order”/bb. The pre-eminence of the company agreement over the branch agreement is affirmed in a limited area: the duration of the work — which is the subject of this volume 3 together with remuneration — is understood in a broad sense. ‘/PB’ pbIt is always a matter for the higher standard (the law) to decide, as a last resort, how to link the various standards and the scope of the derogation allowed for the company agreement on the branch agreement. A new model has been drawn up and formalised in the actual text of the legal provisions. ‘/PB’ pbFor each article, the applicable standards are broken down into three stages: ‘/PB ‘pb’bb1. definition of absolute public policy provisions’/bb (no derogation possible) ‘protection bbou’/bb (derogations possible in accordance with the principle of favour); ‘br/b’ bb2. the social partners may impose (in a limited area) a ‘negotiated public order’/bb; ‘br/b ‘bb3. supplementary provisions’/bb: provisions applicable in the absence of provisions relating to public policy or which do not fall within the sphere of conventional public policy. This key should be used as a tool, if not a model, for carrying out the task of the Labour Code’s ‘breferment commission’/bb. ‘/PB’ PECB Volume 3 sets out the essential contractual basis: working time and remuneration: ‘/PB’ pb• actual work: breaks, journeys, standby duty, hours, rest, leave, organisation of working time, part time, time savings account...; br/b• remuneration: wages (minimum, payment, deductions, overtime, fixed amounts, paid leave), non-wage earners (participation, profit-sharing, company savings plan, pension scheme). The rules of public policy are refocused on their core, with the supplementary provisions applying subject to contractual provisions of public policy. This logic requires a certain ‘intelligence of law’, to which this book seeks to contribute.’/PB

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