Les contrats de travail conclus au titre des dispositifs publics de mise à l'emploi: contribution à létude des contrats de travail spéciaux

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L.G.D.J., 2002 - Law - 305 pages
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French legislator has created a lot of atypical employment contracts in the frame of public employment policy. Those contracts reveal two main features, which distinguish them from the other employment contracts and unite them in a single family. One the one hand, authorities aim to carry out a public goal throughout those contracts. That implies that the employer benefits from public subsidies and public administration is able to intervene in the contract's formation process. One the other hand, the employer has not only to pay the slary, but also to train the employee or to participate in his " insertion programm " established " by authorities. From a technical point that implies a combinaison of an employment contract with an other convention. The result is a single contract ("contrat complexe") or a pair of contracts united to each other ("complexe de contrats"). The emergence of new obligations has a direct influence on the work required of the employee, and on the employer's management power. Moreover, when this latter does not carry out his obligations, the employee has the right to pursue him. The judge will recognize that their relationship is in fact a typical employment contract. The employee will therefore gain damages. One can not miss that, in the future, combination of activities of production, training or involvement in non-profit organizations will be the common rule. If we follow those prospects, the atypical contracts, promoted in the frame of public employment policy, reveal what could be, in the next decades, the common employment contracts.

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La table des matières renvoie aux numéros des pages
Titre I Des contrats de travail reserves a des categoriescibles
Chapitre II Les catégoriescibles et le principe dégalité

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