Université Lille 2 Droit et Santé

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Saturday 28 November 2020
Ecole Doctorale 74
Faculté de Droit
1, Place Déliot
59000 - Lille -France
Tél. : +33 (0)3 20 90 75 55
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Viva voce examinations of PhD Thesis

Rest in work law. The Emergence of a law category (13-nov-07, 14:00)

13/11/2007 14:00 Age: 13 an(s)
Category: Private Law PhD, CRDP-LEREDS , Pierre-Yves Verkindt

By: Stéphanie Lecocq

This Private Law PhD thesis was realised inside the GRIST and supervised by Pierre-Yves Verkindt

What is the rest’s place in work law? Originally, rest’s finality consists in limiting unreasonable duration of work in order to protect health and security of the workers. The first social law of March the 22nd 1841 initiates the action by limiting duration of children’s work. Then a line of succession of laws and regulations will pop up this aim.

The second finality of a right to rest consists in extending the first insuring the employee’s health as well as his development and respect of his personal, familial and social life. The work law influences the right to rest in order to react to these two first aims. So the right to rest reaches the rank of human right appearing in the preamble of the Constitution of October the 27th 1946 and taken up in our actual Constitution of October the 4th 1958 The third finality recommends the right at rest like organization and operation tool of the company. It consequently becomes within the company the way of organizing the working times and non-working times: compensatory leave, freetime counter, package conventions, and makes possible to extend the mechanisms of installation and reduction of the working time.

Here, the right at rest influences the work law and generally offers to him a more positive definition than the one generally admitted as “reverse of the working time”.

Can it emerge a true legal category of the rest in the work law? The reality of the right at rest as well as its autonomy exists by the quality of the last items. It becomes necessary to tend towards the recognition of a true rest without influence of external interferences. The right at rest - autonomous and interdependent of the work law - is the only possibility being used to improve the working time regulation.