LexInter | June 28, 2008 | 0 Comments


From personnel management we have moved on to the concept of human resources manager. Human resources are considered to be at the heart of the business.

The employer’s regulatory power results from the disciplinary power and the power of direction and management which are recognized to the employer.

It is a question of organizing what we had called the labor force. The regulatory power allows in contracts of indefinite duration to adapt the contractual content to economic and technological developments.

Regulatory power can give rise to abuses and unacceptable practices by employers. Article L 122-35 of the Labor Code formulates a principle directly inspired by the jurisprudence of the Council of State in the Corona Paintings judgment of February 1, 1980 affirming that ” when the head of the company exercises the powers which are recognized to him […] to ensure health and safety in the workplace, it can only impose on human rights the restrictions that are necessary to achieve the desired goal . ”


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