LEGAL FRAMEWORK FOR ENSURING LABOR DISCIPLINE PURSUANT TO LABOR LEGISLATION OF FRANCE

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LEGAL FRAMEWORK FOR ENSURING LABOR DISCIPLINE PURSUANT TO LABOR LEGISLATION OF FRANCE

Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4

Abstract

The mechanism of ensuring labor discipline by virtue of international norms is improved mainly in two ways: through law-making and law enforcement. Ukrainian lawmaker is facing a challenging task - to provide the society with qualitative legal rules instituting reliable protection of employees’ rights in new economic conditions. Relevance of the problem outlined is closely connected with the solution of the following tasks: harmonizing and bringing national legislation in line with international standards, in particular, with European standards. The purpose of this article, in accordance with clearly formulated and properly updated topical issue is to summarize main provisions on which labor discipline under French labor law is based and to substantiate proposals and recommendations for further improvement of national legislation in ensuring labor discipline with European experience taken into account. Labor discipline under French labor law is governed by internal regulations of the employer. The provisions of the Labor Code of France state that these rules are to be set out in a separate written instrument. This instrument shall contain rules on labor protection as well as rules on and nature of disciplinary sanctions. Accordingly, internal regulations should govern fighting sexual harassment against and moral distress of an employee. At the same time, the Code contains provisions prohibiting discrimination based on grounds of origin, gender, ethnic origin, race, political opinion, marital status, religious beliefs, health, disability, etc. Internal labor regulations are introduced taking into account the opinion of the representatives of employees as well as bodies having purview in matters of health, safety and labor hygiene. The Labor Code of France, like the Code on Labor Laws of Ukraine, pays special attention to disciplinary responsibility and application of disciplinary sanctions. A separate chapter on disciplinary penalties is dedicated to this issue. It establishes a provision that a sanction is any measure different from oral reprimand and is applied by the employer based on the results of employee’s actions that the employer considers to be unlawful. At the same time, legislation contains a prohibition which stipulates that fines and other monetary sanctions are prohibited and any provisions or conditions contrary thereto are considered invalid. The law sets forth criminal responsibility and imposition of fine for violating this prohibition. The analysis of labor legislation of France shows that modern approaches to legal ensuring of labor discipline are concentrated at the level of contractual regulation – agreements reached by collective bargaining and labor contracts with minimal state interference, which is effected as legal restrictions on the employer as to bringing an employee to responsibility.

Authors and Affiliations

Tetiana Koliesnik

Keywords

international standards; labor discipline; disciplinary penalties; priduomal court; procedural guarantees for employees

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EP ID EP454017
DOI 10.32366/2523-4269-2018-65-4-123-129
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