Die Gestaltung des Arbeitsvertrags durch Tarifvertrag im französischen Recht

In French law, if an employer is bound by a collective agreement, it is applicable to all his employees (erga omnes effect). As a consequence, French jurisprudence and literature try to protect the workers’ freedom of contract. The legal technique of the normative effect is modified by the use of exceptions. The publication explains the system of how collective agreements manage to shape the labour contract.
The author takes into consideration recent developments such as the reform of the Code du travail intended from 2016 onwards. The study gives an insight into French law and contributes to discussions in German law of collective bargaining: Should German law introduce an erga omnes effect? The publication is aimed at all engaging in collective labour law.