Abstract

If we confine ourselves to a formal approach, it would appear that French law has established a number of mechanisms to organise the participation of employees in the management of private companies, or, more accurately, in the legal entities that form their legal structure. While dividing this participation into two aspects, namely co-management and co-determination, the law, which governs these matters through both the Labour Code and the Commercial Code, is also meant to be coercive. Nevertheless, the fact remains that the legislator’s first steps along this path have been distinctly timid. The mechanisms in question in fact include many inadequacies that mean that employee participation in the management of private companies has to be considered, if not as an edifice still to be constructed, then at least as a work in progress.

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