Reports of Overseas Correspondents - Some Recent Developments Relating to Labor Dispute Resolution in France During 1982 (From Arbitration Promise and Performance, P 272-276, 1984, James L Stern and Barbara Dennis, ed. - See NCJ-94688)

• NCJ Number: 94699
• Author(s): X Blanc-Jouvan
• Date Published: 1984
• Length: 5 pages
• Sale Source: Bureau of National Affairs
• Language: English
• Country: United States of America

Annotation

This survey of important changes that have occurred in French labor law in the past 2 years covers provisions of two types dealing with the role of courts, arbitrators, and other bodies in the resolution of labor disputes.

Abstract

Some relate to the settlement of employee grievances following a disciplinary action of an employer: and others affect more generally the so-called 'procedures for the settlement of collective labor disputes.' On August 4, 1982 the legislators established rules applying to disciplinary actions similar to those on dismissals. Notably, an employee who has been disciplined by any sanction other than dismissal now has the right to challenge that discipline in court and to have a judge decide whether or not sanction is appropriate for the misconduct. This change in the law is significant, as it gives the labor courts an overall power of review of all disciplinary matters. The act of November 13, 1982, changed the law to conform with practice by providing that conciliation was to be purely voluntary. The new act has not made any significant change with regard to mediation and arbitration. The two procedures are bound to remain as ineffective in the future as they have been in the past. The experience of the past 25 years demonstrates that informal collective bargaining is the only effective procedure through which labor and employers can reach agreements, and it is not a process -- at least in the French environment -- that can be regulated by law.