Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao https://doi.org/10.1...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
https://doi.org/10.1057/978113...
Part of book or chapter of book . 2014 . Peer-reviewed
License: Springer TDM
Data sources: Crossref
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
Hal
Part of book or chapter of book . 2014
Data sources: Hal
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
HAL INRAE
Part of book or chapter of book . 2014
Data sources: HAL INRAE
versions View all 3 versions
addClaim

This Research product is the result of merged Research products in OpenAIRE.

You have already added 0 works in your ORCID record related to the merged Research product.

The Asymmetry of Bargaining Power

Authors: Vercherand, Jean Francois;

The Asymmetry of Bargaining Power

Abstract

The historic and legal analysis of the labour market developed in Chapter 1 provided understanding of the nature of this market. The latter only exists because, beforehand, an asymmetry in the appropriations of production factors belonging to the individuals involved exists. Some possess capital and labour and are economically independent as individual producers (independent workers) or employer-producers. Others, bereft of capital, in order to live, are obliged to sell their labour power to employers on whom they depend economically. Labour is therefore a market in which the balance of power between the parties is fundamentally asymmetric, hence its intrinsically conflictual nature. The latter has made legislators aware that the great principle of freedom of choice, underlying the legal theory of contracts, could not be applied to most workers with respect to the relation that binds them to their employers. Hence, the whole objective of labour law (Ch. 1, §1.3) has consisted in providing a legal framework for an employer’s de facto power over employees. This has resulted in the characterisation through jurisprudence of the employment contract, whose spirit, so jurists say, is one of a relation of economic and legal subordination by which an employee exchanges a freedom against a security. On the one hand, employees give up the freedom of their availability and the use of their time as they deem fit to place themselves under the authority of an employer, who will supervise them in the execution of the work to be performed.

Country
France
Keywords

[SDV] Life Sciences [q-bio], 340, [SDV]Life Sciences [q-bio], [SHS] Humanities and Social Sciences, [SHS]Humanities and Social Sciences

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!