Scope of an “economic and social unit”: an imperfectly identified legal object

Written by Louis Aluome

Published by the Bulletin Joly Travail

A concept constructed on the basis of case-law before being prescribed by law (albeit imperfectly), the “economic and social unit” (unité économique et sociale) continues, still today, to cause legal practitioners to question its scope as they are constantly having to explore its grey areas in order to build a legal regime that is free of uncertainties and difficulties. The task is arduous, to say the least, without full support from the legislator, particularly at the time of determining the scope of the economic and social unit. Whether this scope is the result of a consensus among employer et employee representatives or is determined pursuant to a court decision, many questions remain which could jeopardise the edifice that has been built. Read more