Paper's abstract

Dirk Baugard, Social Public Order
According to the famous sentence of Alain Supiot, public social order could constitute "the keystone of French labor law". Even if it seems to be a central notion in the field, it appears that various authors do not grant it, still today, a clearly and precise definition or function. In academic literature, social public order can thus indicate the fact that Law, in a wide sense, would theoretically admit in labor law "special dispensations" by more beneficial employment contract or collective agreement. It is also used in relation with the principle of the most favorable provision. Whatever side it is seen from, this social public order has been loosing ground. For many years, law admits in fact conventional dispensations and during the last ten years the "favor principle" has seen its application scope narrow. In a time when labor law is more and more perceived or presented as likely, to some extent, to kill jobs, new "regulations" are developing and could, in the coming years, lead to a State labor law very widely supplementary, the norms to be applied to corporations stemming by principle from company level agreements.

Key Words : favor principle, dispensations, labor law
t. 58, 2015 : p. 129-152

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