2011
This document is linked to :
Les Cahiers de droit ; vol. 52 no. 2 (2011)
Tous droits réservés © Université Laval, 2011
Pierre Verge, « Les instruments d’une recomposition du droit du travail : de l’entreprise-réseau au pluralisme juridique », Les Cahiers de droit, ID : 10.7202/1006412ar
Classical labour law stems from the reality of the self-producing firm and its salaried personnel. The contemporary tendency to externalize production alters the context of work. In the forefront is the network firm, in particular that of transnational scope and its line of activity, through corporate or contractual arrangements, and in its periphery the so — called independent worker. Is contemporary labour law in synch with this evolution ? It is incumbent upon it to protect the autonomous as well as the salaried worker, whatever the type of firm that derives benefits from his/her personal work. Fundamental human rights are involved. It has to provide these categories of workers with adequate work regimes, directly and through appropriate support to collective bargaining activity. Its mandatory character is only capable of a national reach. It now coexists with a plethora of « soft law » instruments. They mostly exhort but are able to reflect the scale of the network firm be it transnational. The hybrid nature of labour law is getting even more accentuated. A doctrinal synthesis relates these various universal currents ; Canadian labour law, namely that applicable to Quebec, is involved.