The provisions in a labour contract: technology and the market
研究了法国劳动合同中常见条款(如限制员工流动、保留无形资产)的起草原因,发现技术因素并非唯一决定因素,微观劳动力市场状态和谈判过程也很重要。
Many common features of the legal regulation of the employment relationship have attracted little attention, although they are to be found in contracts with possible litigation, as for instance the possibility for the employer to reduce the mobility of the employee or to prevent them from retaining some intangible assets. The aim of this paper is to provide some insights into the actual drafting of individual labour contracts, starting with a quantitative description of the usage of contracts in France, and then going further with some explanations of why some provisions exist and in which cases they are expected to be found. The main empirical result is that factors related to the technology of job cannot be considered as the only causes of the specificity of a contract. In many cases, the bargaining process is relevant and is sensitive to the state of the micro labour market.