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American versus French labor and employment law : a critical review of the analysis of employment relationship in contract economic theories

Author

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  • Virgile Chassagnon

    (UGA [2016-2019] - Université Grenoble Alpes [2016-2019])

  • Bernard Baudry

    (TRIANGLE - Triangle : action, discours, pensée politique et économique - ENS de Lyon - École normale supérieure de Lyon - UL2 - Université Lumière - Lyon 2 - IEP Lyon - Sciences Po Lyon - Institut d'études politiques de Lyon - Université de Lyon - UJM - Université Jean Monnet - Saint-Étienne - CNRS - Centre National de la Recherche Scientifique)

Abstract

Despite the numerous economic works on the nature of the firm, only a few studies have clearly taken into account the legal and institutional contexts of the employer-employee relationship. This paper aims at comparing the regulation rules of the employment relationship advocated by contract economic theories to the American and French labor laws in both a positive and normative perspective. From a positive perspective, the contract approaches to the firm – transaction cost economics, the nexus of contracts theory and the modern theory of property rights – are similar to the tradition of American labor law. However, from a normative point of view, it appears that if contract economic theories seem to be partially in line with certain principles of the French labor law, there is a strong inconsistency between these approaches and the role that the French legal system gives to the State and to the law courts (and judges).

Suggested Citation

  • Virgile Chassagnon & Bernard Baudry, 2016. "American versus French labor and employment law : a critical review of the analysis of employment relationship in contract economic theories," Working Papers halshs-01371870, HAL.
    • Handle: RePEc:hal:wpaper:halshs-01371870
    Note: View the original document on HAL open archive server: https://shs.hal.science/halshs-01371870
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    References listed on IDEAS

    as
    1. Garrouste, Pierre & Saussier, Stephane, 2005. "Looking for a theory of the firm: Future challenges," Journal of Economic Behavior & Organization, Elsevier, vol. 58(2), pages 178-199, October.
    2. Alchian, Armen A & Demsetz, Harold, 1972. "Production , Information Costs, and Economic Organization," American Economic Review, American Economic Association, vol. 62(5), pages 777-795, December.
    3. Hart, Oliver & Moore, John, 1990. "Property Rights and the Nature of the Firm," Journal of Political Economy, University of Chicago Press, vol. 98(6), pages 1119-1158, December.
    4. Stone,Katherine V. W., 2004. "From Widgets to Digits," Cambridge Books, Cambridge University Press, number 9780521829106.
    5. Marie-Laure MORIN, 2005. "Labour law and new forms of corporate organization," International Labour Review, International Labour Organization, vol. 144(1), pages 5-30, March.
    6. Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
    7. Grossman, Sanford J & Hart, Oliver D, 1986. "The Costs and Benefits of Ownership: A Theory of Vertical and Lateral Integration," Journal of Political Economy, University of Chicago Press, vol. 94(4), pages 691-719, August.
    8. Gibbons, Robert, 2005. "Four forma(lizable) theories of the firm?," Journal of Economic Behavior & Organization, Elsevier, vol. 58(2), pages 200-245, October.
    9. Hart, Oliver, 1995. "Firms, Contracts, and Financial Structure," OUP Catalogue, Oxford University Press, number 9780198288817, Decembrie.
    10. Martin L. Weitzman, 1980. "Efficient Incentive Contracts," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 94(4), pages 719-730.
    11. Stone,Katherine V. W., 2004. "From Widgets to Digits," Cambridge Books, Cambridge University Press, number 9780521535991.
    12. Virgile Chassagnon, 2011. "The Network Firm as a Single Real Entity: Beyond the Aggregate of Distinct Legal Entities," Journal of Economic Issues, Taylor & Francis Journals, vol. 45(1), pages 113-136.
    13. Baudry, Bernard & Chassagnon, Virgile, 2010. "The close relation between organization theory and Oliver Williamson's transaction cost economics: a theory of the firm perspective," Journal of Institutional Economics, Cambridge University Press, vol. 6(4), pages 477-503, December.
    14. Raghuram G. Rajan & Luigi Zingales, 1998. "The Governance of the New Enterprise," CRSP working papers 487, Center for Research in Security Prices, Graduate School of Business, University of Chicago.
    15. George Baker & Robert Gibbons & Kevin J. Murphy, 2002. "Relational Contracts and the Theory of the Firm," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 117(1), pages 39-84.
    16. Oliver Hart & Bengt Holmstrom, 2010. "A Theory of Firm Scope," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 125(2), pages 483-513.
    17. Oliver E. Williamson, 2002. "The Lens of Contract: Private Ordering," American Economic Review, American Economic Association, vol. 92(2), pages 438-443, May.
    18. Masten, Scott E, 1988. "A Legal Basis for the Firm," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 4(1), pages 181-198, Spring.
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    Keywords

    Contract economic theories; employment relationship; American labor law; French labor law; contractual freedom; employers' powers; collective negotiation; disputes settlement;
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