Labour and Employment Comparative Guide

1 Legal framework

1.1 Are there statutory sources of labour and employment law?

French labour and employment law is largely based on the following statutory sources, set out in order of priority:

• constitutional provisions, which notably include:
• • the French Constitution of 4 October 1958;
  • the Déclaration des Droits de l'Homme et du Citoyen of 26 August 1789;
  • the Preamble to the previous Constitution of 27 October 1946; and
  • the Environment Charter of 2004.
• They set out general principles, with which all other laws and regulations must comply. The most important in relation to employment are:
• • the freedom of trade unions;
  • the right to strike; and
  • the right of employees to engage in collective bargaining;