LES RAPPORTS ENTRE LA PROTECTION DES TRAVAILLEURS ET LA LIBERTE D’ENTREPRENDRE: DES PRINCIPES AUX MANIFESTATIONS ACTUELLES

Authors

  • Guylaine Vallee

Abstract

Heighten by globalization, the endless search for flexibility translates into major changes in terms of how firms operate, notably through restructuring which can entail plant closures or further resort to subcontracting. In these conditions, is Labour and Employment Law still achieving its goal of protecting the workers? Rather than treating this question in general terms, this paper looks at workers’ protection in three different contexts: In case of the termination of a firm’s operations, either in whole or in part; in case of the reorganization of its production around contractual networks; and in case of its restructuring resulting from a situation of insolvency. Overall conclusions will look at the capacity of Labour and Employment Law to grasp what has become of the firm, as a precondition to achieving its goal of protection. Parallels are then drawn with other fields of Law in which this reality of the firm seems to be better taken into account.

Keywords:

Employment Law, Business Closure, Restructuring, Wage Earner Protection

Downloads

Total Downloads:

Download data is not yet available.

Downloads

Published

2007-12-01

Issue

Section

Legal Commentary