Published on November 1st, 2017 | by Argyro Myzithra0
New Book: Les relations de travail dans l’entreprise transnationale
Authors: Marie Lafargue
Editor : L.G.D.J
Release date: 09/2017
Page number: 600 pages
Thesis Prize of the Doctoral School of Law of the University of Bordeaux Thesis Prize 2015 (ex-aequo) of the Bordeaux Bar Association
Being denied legal personality, the transnational company is seized only partially by the internal laws. Apart from supranational law, which only partially regulates it, labor relations in the transnational company remain largely understood by national laws, and the labor law paradigms have hardly changed to adjust to their singularity. Thus, neither the traditional legal categories of labor law nor the legal rules, largely anchored in the territory, are adapted.
The insufficiency of the current framework of analysis thus forces one to go beyond the double compartmentalisation of the legal systems and legal persons that constitute the main obstacles to a satisfactory regulation of the working relationships in the transnational company.
It is therefore a question of conceptualizing a principle of adjustment of the right to these labor relations, which reveals the identity of the transnational: transnationality is an expression of legal pluralism.
The adaptation of the law implies, on the one hand, the transition to a new organization of the actors of the world governance, of which the transnational company belongs, and of the relations that they maintain. It supposes, on the other hand, that beyond the state normativity, a global, “post-modern” and pluralist right is born. Thus, it is at the cost of these developments that we will arrive at an appropriate regulation of labor relations in the transnational company as well as the emergence of a social right of globalization.
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