Droit du travail - droit pénalDroit et facteur humain (ERE)

Criminal law: Know the basic concepts of criminal law and criminal procedure: the elements of the offence, the classification of offences, the judicial organization in criminal matters.

Labour law: • Mastering basic labour law vocabulary. • Know the regulations applicable to individual and collective labour relations in the enterprise: legal relations between employers and employees, between employers and employees' representatives. • Know the Terms and Conditions related to the conclusion and termination of the contract of employment: type of contract, legislation on hiring, the various cases of ruptures (real and serious cause, disciplinary grounds, the labour procedure, etc.) the mechanisms of compensation for damages caused to the employee in connection with an employment contract. • Know the role of the labour inspector (power, means of action, ...) and the institutions representing the staff. • Mastering the use of the labour code. • Particular attention will be paid to the diversification of forms of employment: Development of temporary, partial or atypical work, increased use of subcontracting, increased employment in the professional career of people ... which are decisive elements to be taken into account in the prevention of occupational risks.

Criminal law: Introduction • Criminal law and criminal procedure. Elements of the offence: the legal element, the material element, the moral element, the unjust element. The classification of offences: the legal distinction between crimes, offences and contraventions. Judicial organization in criminal matters. • Criminal responsibility for unintentional offences. Conditions for implementation of liability: the requirement for qualified misconduct. Definition of qualified misconduct. • Criminal liability for others. Criminal liability of the head of enterprise. Delegation of authority and subdelegation. • Criminal liability of legal persons. Area. Implementation and consequences.

Labour law: The employment contract. • The formation of the contractual link. Definition of the employment contract; the various contracts: CDI and CDD. The conclusion of the contract: the principle of freedom and its limitations. • Performance of the contract The employer's obligations. The obligations of the employee. Regulation of working hours and weekly rest. • Causes of suspension of contract. Paid leave. Strike. Maternity. The disease. The special case of industrial accidents and occupational diseases. • The termination of the employment contract. The resignation. o Legal nature. o Plan. Dismissal. o The need for a real and serious cause: the case of the reason not inherent in the person of the employee. o Procedures. o The rights of the dismissed employee. o The rights of the irregularly dismissed employee: in the absence of a real and serious cause in violation of the procedure. o The rights of the regularly dismissed employee: the liquidation of the rights, the receipt for balance of any account. • The company institution – the emergence of a new conception of social relations. • The right of expression of employees. Recognition of a new right. Its setting up. • Staff representative institutions. Designation procedures. The status of protected employees. The role of representative bodies.

Table Control (Duration 1h30)

LOBRY Claude 'Labour law and social security' - Chiron editor, 2006-2007 edition.