LE CONTRAT DE TRAVAIL ET LA VALORISATION DU CAPITAL IMMATERIAL DE ORGANISATION
CONTRACT WORK AND RECOVERY THE ORGANIZATION OF INTANGIBLE CAPITAL

Summary/Abstract: Each organization can secrete its culture of creating intangible value to meet mostly on the development of employees who contribute to the collective intangible capital. The human resources policy that promotes creativity that is the breeding ground for the entrenchment of a shared creativity among employees, but especially between employees and their employers in a mutual-interest. Legally, the main instrument for the protection and enhancement of intangible capital is not only the right of intellectual property, but also labor law that allow the negotiation of a contract with specific provisions for the protection and stimulation of creativity of employees. These clauses are those who look at flexible working hours, training, sharing the benefits of creativity, fair competition, provision on intellectual property rights, purpose clause or performance etc. This study aims to examine the legal limits of negotiation and their interpretation by the courts shows that the rules for consumer protection could also be used to protect the employee, and the inclusion in the employment contract of such clauses and their impact on intellectual creativity and collective intangible capital.

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