Work contract

The work contract is a type of Contrat by which a person (Employé E) commits herself carrying out a work for another Employeur with the help of a remuneration. In fact if one places oneself from the international point of view, which strikes initially it is diversity. Indeed, according to the legal systems the concept of contract does not recover the same things exactly. In the contemporary great systems of right, Rene David and Camille Jauffret-Spinosi distinguished the romano-Germanic family, the “common law”, the rights socialist (it was primarily about the right of the ex-USSR), the African and Malagasy rights, the Chinese right, the Indian right, the Japanese right, the Moslem right. In addition, the work contract implying a relationship between an employee and an employer it is very dependant on the sociological “habitus” of the various countries. However perhaps that under immense diversity connect some large features common to a limited number of great systems or big families could be clarified.

Components

From the point of view of the French doctrines, the three components of the work contract are the service of work, the Rémunération, and the legal bond of Subordination. From the American point of view, the things are different and the concept of subordination which returns to a universe very arranged hierarchically is replaced by something of more neutral and more factual. For the “Black' S Law Dictionary”, an employee is “a person engaged with the service of another under a contract, express train or implicit, oral or writing, where the employer has the capacity or the right to control and direct the employee in the material details of how work must be accomplished”.

Country of OECD

Contract of work in France

See also: Work contract in France

The concept of work contract appeared at the beginning of the XIXe century. At the beginning the legislator was wary rather of the reference to the unlimited duration because it was afraid of one return to vassalage or slavery. Also the civil code admitted it only insofar as the contract can “always cease by the will of one of the contracting parties”. The permanent contracts (TDCI) and the limited time contracts (CDD) have cohabited for this time. At the beginning the CDD was more protective, it is only with the appearance of the right of dismissal (law of February 19th, 1958) and the introduction into the dismissals on personal grounds of the concept of “cause right and real of the dismissal” (law of 1973) that the TDCI became the standard in the French plan. It is not a question here of a French exception since, in the European plan, a directive of June 28th, 1999 specifies explicitly that “the permanent contracts are the general form of the employment relationship”.

Concerning the dismissals for economic motives the administrative authorization was founded in 1975, before being removed in 1986 by a law which reinforced the control of the judge. A law of 1989 “relating to the prevention of the dismissal and the right of conversion” generalized conventions of conversion and founded the principle of the priority of re-employs. A law of 1993 imposed on the companies of more than fifty paid laying off for economic motive at least ten paid, the installation of a bearing social plan on the reclassification of in-house employees and external. The law of social modernization of January 17th, 2002 sought to limit the development of the lay-off. The law of December 20th, 2004 “of social cohesion” returned to the former provisions. Indeed, meanwhile the economists (see report/ratio Blanchard Tirole and Rapport Cahuc Karmarz) showed that the job market was the place of a process of creative destruction to the Joseph Schumpeter and that under these conditions it was advisable to be careful on the restrictions carried on the lay-offs. Nowadays the economists rather recommend to help the employees to pass from an employment like made certain Scandinavian countries within the framework of the Flexicurité The recourse to the work contract at limited duration continued in the Seventies at the same time as the rules of dismissal became more strict (CERC, 2005, p.102). If the law of 1979 slackens the constraints weighing on the recourse to the CDD, an ordinance of 1982, tightens them, before the use of the CDD is not widened in 1985 then 1986. The law n°90-613 of July 12th, 1990 which takes again the interprofessional national agreement of March 24th, 1990 again opened the field of application of the CDD. It is thus “which it can be there resorted for uses in seasonal matter or which, in certain branches of industry defined by decree or way of convention or extended agreement, it is of constant use not to resort to the work contract at unlimited duration because of the nature of the carried on activity and the character by temporary nature of this employment (CERC, 2005, p.106)”. These contracts known as of use pose problem because with the difference of the ordinary CDD they envisage neither risk allowance nor time limit and seem extremely used in sectors called to develop.

In 2005, meadows of 19.2 million anybody were in TDCI and 1.7 million in CDD while approximately 600.000 paid was in temporary work contracts (interim) appeared in the Fifties. Compared to the CDD, the contracts of interim give under certain conditions access to complementary social security benefits, a right to the formation and a better access to rental housing. In a certain way for the rapporteurs of the CERC (2005, p.108), there would be a way to improve the CDD. Let us announce finally, the existence of helped contracts appeared at the end of the Seventies.

Work contract in the United States

For the “English common law” an indefinite term of work was supposed valid for one year. Employment “At-Will” is an American creation which finds its genesis in the treaty of Horace Gay Wood of 1877. It allows the employer or the employee to finish the employment relationship when they want. However as from 1959, a certain number of exceptions and federal laws will come to frame employment “At-Will”

Equal Pay Act of 1963 (not of discrimination of wages according to the sex)
Titer VII of the “Civilian Rights Acts of 1964 relating to the discriminations based on the race, the color, the religion, the sex or the national origins.
Old Dicrimination in Employment Act of 1967
Act Rehabilitation of 1973 discrimination based on the handicap
American with Disabilitie Act of 1990

Inside the companies, one full-time distinguishes the permanent employees who perceive a guaranteed remuneration and people employed on contracts short-term or working for agencies from interim. Certain companies distinguish also the employees “free” and “not-free” the latter being paid per hour and suitable for carry out Overtime.

Work contract in Germany

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Work contract in Belgium

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Work contract in Canada

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Work contract in the United Kingdom

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Work contract in Japan

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Africa

Work contract in Algeria

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Work contract in Morocco

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Work contract in Tunisia

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Work contract in Senegal

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Latin America

Work contract in Brazil

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Asia

Work contract in China

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See too

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