프랑스의 노동법전 개혁에 관한 비교법적 고찰

The Reform of August 8th 2016 of French Labor Code can be summarized into 3 matters. The first one is that the Labor Code extended the derogation of the compulsory provisions of the law, specially through the collective agreements on the level of the enterprise. As a results, the social partners of the company can avoid the imperative application of the laws and make their own rules, in the parts of the working hours, rests and annal leaves, more properly to the situations of the employers and the employees. This change can be expressed a bigger extension of the flexibility of the law in the relevant areas. The second is that the reinforcement of the trade union's representativeness as a condition of signing the enterprise level collective agreements was adopted in labor code. The Unions, in order to be a party for a collective agreement, must maintain the supporting by the majority of workers in the company. So, the trade unions should try to listen carefully to the voices of individual workers of the company. The third thing is that the real and serious reasons of the economic dismissal were also enlarged to permit also the dismissal on the reason of the stop of business or the dismisal on the reason of re-organization of business for the competitiveness. This reform of the french labor code will be explained here more precisely and the implications of this reform to Korea will be also presented.