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The article demonstrates that company negotiation is the way to operate a decentralized legal regulation at company level. In many restructurings, companies find solutions through social agreements on employment. The latter highlight a decentralization of the law. They allow an adaptation, a creation of rules corresponding to the specific needs of the economic operator. This company negotiation is even an instrument for the development and modification of national law.
The work accomplished tends to confirm that the very idea of a hierarchy of norms is undoubtedly, if not outdated, at least caught in more complex entanglements. The traditional pyramidal system seems to be replaced by a circular system which tends not to oppose and exclude, but rather to reconcile rules of different origins which feed off each other. It is now less about supremacy and inferiority than about interaction and combination of sources.
These varied sources serve different interests and contribute to the formation of a new law, adapted to the specificity and constraints of the market.
Since 09/24/2017 the Macron ordinances have generated new rules applicable to business negotiations leaving them with much more freedom but also obligations. Indeed, except for provisions of public order, employers can negotiate more freely with employees but they also have the obligation to do so at least every 4 years.
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DAMY law firm , Nice, Labor law 2022
