Paper's abstract

Jacques Barthélemy, Arbitration, the Future of Labour Law ?
The aim of labour law is to remedy the effects of legal subordination, as shown by the number of mandatory legal rules and the role played by the favour principle nurturing sources’ conflicts. The author considers the eventuality of another labour law, not less protective but leaving a more important role to the contract, in particular to the collective agreement. This more contractual, less statutory conception is soaking into positive law, along with the change in minds. For the author, arbitration has a leading role to play in the conception and the implementation of a labour law favouring the collective agreement and restraining the role of the law to setting principles as the constitution invites it to do. However this asks from the negociators for a technical skill they are often lacking and about which the author offers conclusive remarks.

Key Words : labour law, arbitration
t. 52, 2009 : p. 283-290

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