In a labor law marked by the growing importance of the contractual standard and the multiplication of derogable or supplementary legal provisions, the rules “which are of a public order nature” appear as the last limits to the negotiation freedom of the social partners ( C. trav., Art. L. 2251-1). Those which require the employer to "ensure the safety and protect the physical and mental health of the workers" (C. trav., Art. L. 4121-1 f.), By contributing to the effectiveness for the latter fundamental right to health (Preamble to the 1946 Constitution, para. 11; Charter of Fundamental Rights of the EU, art. 31, § 1), are certainly part of it. No collective agreement, even negotiated with employee representatives, can therefore exempt the employer from implementing certain risk prevention measures.
In this case, an amendment to a framework agreement of May 4, 2000 relating to the organization and reduction of working time in the medical transport sector was concluded on June 16, 2016. A trade union organization that participated in the negotiations without signing this amendment had seized the tribunal de grande instance with a request for annulment of some of its provisions, in particular those relating to ...
