CHORIN (Jacky) – THE PARTICULARITY OF LABOR RELATIONS IN PUBLIC ENTERPRISES WITH STATUTORY STATUTE, preface by Pierre Rodière, Bibl. de droit privé, t. 245
CHORIN (Jacky) – THE PARTICULARITY OF LABOR RELATIONS IN PUBLIC ENTERPRISES WITH STATUTORY STATUTE, preface by Pierre Rodière, Bibl. de droit privé, t. 245
    CHORIN (Jacky)
    THE SPECIAL NATURE OF LABOR RELATIONS IN PUBLIC ENTERPRISES WITH STATUTORY STATUTE, preface by Pierre Rodière, Private Law Library, vol. 245
Édition :
    Paris
Date :
    1994
    in-8, br., (pencil annotations on lower endpaper), very good condition despite the underlined defect, XVI-[2 ff.]-568 p.
    Contrary to popular belief, the existence of regulatory statutes applicable to private-sector employees is not new. Emerging at the beginning of the century, when the government, for reasons of social peace and continuity of service, imposed on private companies operating public services the development of professional statutes that deviated from ordinary law, these statutes were enshrined in law after the Liberation with the wave of post-war nationalizations. Very quickly, the legal framework applicable to these employees was established: these statutes, in principle, precluded recourse to collective bargaining; their content was heavily influenced by public service law and offered guarantees often unknown under ordinary law. Following a historical section explaining the meaning and scope of these statutes, the author proposes in this work to outline the current state of these specificities. The initial impression is one of an increasingly evident convergence with general labor law. This trend is explained by a two-pronged movement: the first factor is undoubtedly the evolution of general legislation—in particular, the 1982 “Auroux” laws—which now apply to companies with special status in essential areas of their social life (employee representation, internal regulations and disciplinary law, collective bargaining); the second factor is case law, which interprets these statutes through the lens of general labor law. However, this movement is countered by a reverse trend that has strengthened considerably in recent years. Starting with the significant expansion of the administrative judge's jurisdiction regarding the assessment of the legality of unilateral acts by companies with special status, the debate has gradually shifted towards the question of the application of the Labor Code to these companies. Added to this is the significant influence of the Administration both in the drafting and amendment of these statutes and in areas with financial implications. On the contrary, all these elements demonstrate diverse forms of resistance to general labor law and the maintenance of significant particularism.

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Mots-clés : Social law, Public service, European Union law, Summa divisio, Public business law

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