Le droit du travail est-il l’ennemi des droits fondamentaux?

Abstract

Due to their preeminent status, fundamental rights have found their way into labour law. Eyes quickly turn to the normative confrontation which results from the assembly of these two areas of law with distinct logics. Human rights are then understood more in a relationship of confrontation rather than complementarity with the body of labour law. This historical-legal study seeks to demonstrate that the construct of labour law nevertheless overlaps with the three structuring features of human rights, namely fundamentality, universality and inalienability. This complementarity should be taken into account in the interpretation of fundamental rights within the employment relationship, which should increase the degree of protection of the person at work.