Les contextes de l’obligation de reclassement

Abstract

In French law, worker reclassification emerged under precise assumptions and, in most cases, under the impetus of the high jurisdictions, the Cour de Cassation or the Conseil d’Etat. The legislator intervened a posteriori to legitimize a reclassification obligation already emerging in jurisprudence or in the process of being created. The context in which this obligation was built makes it possible to explain what characterizes its field of application. Employment, or more exactly the safeguarding of employment, plays a central and federator role in it. But unlike Quebec law, discrimination remains distinct and even if its field transects that of the reclassification obligation, it cannot be integrated into the former. These observations allow orientation of research on the legal foundations of the reclassification obligation. Even if it would be renewed, the reclassification obligation can be based on an invaluable constitutional right, the right to obtain employment, more than on an analysis of contract law. At the international rule level, the right to obtain employment can also complement based several texts, one of which has been considered as having a very important impact in French law.

Keywords

• reclassification
• obligations
• employment
• discrimination
• foundations