ETUDE DU CONTENTIEUX DE LA RUPTURE CONVENTIONNELLE: L’ÉCHEC DE LA„DÉJUDICIARISATION” ET DE LA „SÉCURISATION”EN MATIÈRE DE CONTRAT DE TRAVAIL
STUDY FOR BREACH OF LITIGATIONCONVENTIONAL: THE FAILURE OF "DIVERSION" AND "SECURITY" RELATING TO EMPLOYMENT CONTRACT

Summary/Abstract: The analysis of the case-law shows that a litigation of contractual termination is under construction in labor law. A failure should be drawn as a conclusion: the contractual termination doesn’t fulfill the roles of "securization” and "dejudiciarization" that had been devolved. Its appearance in labor law only postpone the litigation at a different time. In truth, the conflict before the judge is delayed and concerns the agreement signed, rather than the conduct of the parties during the execution of the employment contract.

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