- il y a 5 semaines
Certains mots sont d’un usage si courant qu’on finit par les utiliser sans en interroger le sens. Travail… par exemple.
Depuis la nuit des temps l’homme travaille, or du Paléolithique à nos jours cette activité n’a cessé d’évoluer. Qu’est-ce que le travail aujourd’hui ? Le travail est-il devenu une marchandise ? Et qu’achète-t-on sur le marché du travail? Pourquoi et comment est apparu le Code du travail ?
Depuis la nuit des temps l’homme travaille, or du Paléolithique à nos jours cette activité n’a cessé d’évoluer. Qu’est-ce que le travail aujourd’hui ? Le travail est-il devenu une marchandise ? Et qu’achète-t-on sur le marché du travail? Pourquoi et comment est apparu le Code du travail ?
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ÉducationTranscription
00:00Let's go!
00:36Wages are the sum of money that the capitalist pays for a specific amount of work or for the
00:42provision of a specific task.
00:49I am very pleased to begin with this quote.
00:53As you know, we are celebrating the 200th anniversary of Marx's birth.
01:00For the past 100 years, the capitalist classes have constantly claimed that Marxism is obsolete.
01:10But it's interesting to note that in every crisis, the same people always invoke Marx.
01:22Some words are in such common use that we end up using them without questioning their meaning.
01:28Work, for example.
01:30Man has been working since the dawn of time.
01:32And since the Paleolithic era, the term "work" has constantly evolved.
01:37Today, it's a word that covers very different realities.
01:47According to Marx, work is a contribution of man for a determined period of time.
01:55More specifically, an exchange between man and nature to achieve a goal.
02:01It is both intellectual and physical.
02:09As a university professor, when I conduct research or teach courses,
02:16It is a physical and intellectual job.
02:22When farmers work in the fields, it is also a physical and intellectual activity for them.
02:31On the production line, workers use machines and produce objects
02:37They too work intellectually and physically.
02:46The French word "travail" (work) comes from "tripalium," so it refers more to an instrument of torture.
02:54whereas the English word "work" refers more to elements of creation.
03:01So either we see the effort, or we see the creation.
03:04but in both countries, we can clearly see, at least in both languages,
03:08the fundamental distinction in relation to a relationship situation
03:12where they seek to involve you in your act of production, that is to say, work.
03:19In fact, in the French language, the primary meaning of work is the pains of childbirth.
03:27She is a woman at work.
03:29So in this sense, we already have this profound ambivalence
03:32of an act which, at the same time, is the creative act par excellence
03:36and that is suffering, a suffering that men are exorcised of.
03:43And this meaning does not historically refer to specific skills or qualifications.
03:55Until, say, the advent of the industrial age,
04:01all those who used their knowledge and skills to provide services,
04:08We didn't say they worked, but that they were doing their part.
04:12And we also have, in the French word, ouvrier, it's œuvrier,
04:18He is the one who does the work.
04:20And he works by mobilizing knowledge and skills that he has incorporated within himself.
04:28Words are extremely important.
04:31Around 1980, the words changed.
04:35And we changed the way we perceived the world of work.
04:38For example, the workers disappeared.
04:41They became operators, installation managers,
04:45or airline pilots.
04:46And we were no longer talking about qualifications, but about missions and skills.
04:50We were no longer talking about a collective, but about air, zone, etc.
04:54And now, all these English words have arrived.
04:57but which drastically transformed the perception one could have
05:01of the reality of the working world.
05:03Everything related to business to business, scrum, agility, team building.
05:14Even in French, managers have become talents.
05:17We remove the entire prism through which public opinion views workers.
05:28In a contemporary society, at least one third of work is done outside of companies.
05:37For example, cleaning the house, raising children, cooking, etc.
05:44And it takes up a third of all working hours.
05:51We don't call it work because it's not paid.
05:54But if you hire someone to take care of your children,
05:58That's work, because there's a salary, money is paid.
06:06If you do it yourself, you are a parent and that's not called work.
06:11Marx does not mention the implications of this work at home.
06:18That's not a question for him.
06:20Even though he talks about social reproduction and family support,
06:24so that the worker can return to work every day.
06:31He or she needs to be supported by someone else in order to survive.
06:35And that's work too.
06:41The employee who is returning home, who worked behind her till in Paris,
06:47who takes an hour or more on the RER train to get home
06:54She will take care of her children.
06:57She will prepare dinner.
07:00It's work.
07:04It's work.
07:06Perhaps she will commit herself
07:07in his union.
07:10She's going to the union
07:12go and distribute leaflets,
07:15contribute to drafting motions.
07:18It's work.
07:20Or she will get herself elected politically.
07:22or she will join an association
07:25or an NGO,
07:27And it's work.
07:29I would even say that
07:33when I sometimes cross
07:34in elevators in the early morning,
07:38not infants,
07:40little ones that we take to daycare,
07:42They are beginning to learn about working hours.
07:45We take them out of bed every morning,
07:48And to our children, we will say
07:51"You will do well in school."
07:54Which does not prevent us, at the same time,
07:56to say that we are prohibiting work.
07:59This is one of the ILO rules.
08:00Child labor is prohibited.
08:02But we tell our children
08:03that it is important to work hard at school.
08:04So you see that around this notion of work,
08:09It's a little loose.
08:11Work, the problem, is the same as always.
08:13Is this what we are doing?
08:15To discuss words or things?
08:17And that's where the words are at the same time
08:20guidelines and support
08:22to guide us through things,
08:24and at the same time they can bother us.
08:26You have people talking about work,
08:28including for animals.
08:30After all, we do say it's painstaking work.
08:33So.
08:33And if we define work in a very, very broad sense
08:36as an activity designed to interact with its environment
08:42in order to modify it to meet some of his needs,
08:46Of course, work has always existed.
08:49And again, it's not even specific to human beings.
08:52However, what is specific to human beings,
08:54It's about having ideas about work
08:56And it's about having companies that organize this work.
09:00in a specific way.
09:02And from that point of view,
09:03the capitalist or modern form of work,
09:06That's for sure.
09:07It has not existed in all societies.
09:09So, I truly believe, yes.
09:10We must start from a somewhat disturbing observation,
09:15It's because there's a kind of silence.
09:17at least in my field, economics,
09:21And that's almost true for Marx as well.
09:24a silence on the content of the work.
09:27And here's something absolutely astounding,
09:29This is because work is perceived only in a negative way.
09:34In other words, to put it technically,
09:37There are only two sources of satisfaction,
09:40usefulness, in our jargon,
09:42for a human being when he is working,
09:46or when he is not working,
09:48It's about consumption and leisure.
09:52And so work is a waste of time.
09:55and fatigue.
09:57a source of disutility,
09:59but which is obviously useful.
10:00because that's what will allow us,
10:02to allow him to have a salary,
10:04who will finance his consumer spending.
10:08We don't work based on our salary.
10:12There is necessarily,
10:13in any professional activity,
10:15Therefore, in all work,
10:17the will to do something
10:20that makes sense for oneself and for others.
10:23Something, as they say for example
10:25the psychologist Yves Clot,
10:26in which we can recognize ourselves,
10:28and also in which one can be recognized
10:32for its own qualities.
10:34And we give of ourselves in a certain way.
10:37About ten or fifteen years ago,
10:40when there were major layoff plans,
10:42the workers, male or female, said
10:43"But I gave 20 years of my life to this company,"
10:47I gave 15 years, 30 years,
10:48And they chase me away like this.
10:50So we can clearly see that in their minds,
10:52it was not just the framework for an exchange.
10:54"I went there to work for a set period of time."
10:58and do what I was told to do for a salary.
11:00It's "No, I gave my life."
11:04An old girlfriend told me
11:06“When people claim that they don’t want to work,
11:10The best counter-argument is to look at the prisons.
11:15In many prisons,
11:17even those with high security
11:19where prisoners are not forced to work,
11:22It's a threat to take away their right to work.
11:31In fact, even hardened criminals
11:33prefer to clean the toilets
11:35or work in the library rather than loiter.
11:39Nobody wants to spend their day doing nothing.
11:41It's maddening.
11:45So, there you have it, Navelle describes
11:50a moment of bliss at work
11:52for an earthmover.
11:54You see, I think that's what we can consider
11:57as being truly the lowest end of the range
12:01in the provision of work.
12:03We need to work flexibly.
12:07monitor his movements.
12:09We don't handle the pickaxe well
12:11that if attention was paid to it.
12:14The earthmovers use it
12:15with minimal effort.
12:18Their actions are intelligent,
12:20well adjusted.
12:22To handle the shovel without excessive fatigue,
12:25to do the same task every day,
12:27requires skill.
12:29When it must reject from the earth
12:31from a very deep trench,
12:33There are no earthmovers.
12:35who do not rejoice at his shovel throw.
12:39From the repetition of the same effort
12:41a rhythm, a cadence is born
12:43where the body finds its fullness.
12:46It's not easier
12:48to throw the shovel properly
12:50than launching a disc.
12:52Before fatigue sets in,
12:53if the soil is good,
12:55slides well, sings on the shovel,
12:57at least an hour ago
12:59during the day
13:00where the body is happy.
13:03So, I'm not saying
13:05that the work of the earthmover,
13:07This is the unsurpassable ideal.
13:09of salaried work.
13:11But what I want to say firmly,
13:13even in the most mundane work,
13:16even in the workplace
13:17that we, myself, intellectuals,
13:20I would tend to look down on him.
13:21There are things that need to be said.
13:25Yes, there is, as Navel says,
13:28moments of bliss.
13:30So, the most beautiful definition
13:32which was given to my sense of work,
13:34I found it.
13:35it is in the writings on science
13:37by Simone Veil,
13:38"I'm talking about the philosopher."
13:40who says,
13:41"It is through work
13:43that reason seizes the world
13:45and seizes hold of the wild imagination.
13:49So, this definition
13:51shows this dual function
13:53human labor
13:55which is a function
13:56of world transformation
13:58but also of domestication
14:01of self-control.
14:04That is why,
14:05deprived of entire generations
14:07from work experience,
14:09that condemns them to irrationality
14:10and prepare for a deadly future.
14:15In the 19th century,
14:17Capitalism transforms work
14:19in merchandise.
14:20At first glance,
14:22it seems surprising
14:23that labor be a commodity.
14:26To understand,
14:28it is therefore essential
14:29to determine the exact nature
14:31of this merchandise.
14:35Historically,
14:36the work was not designed
14:39like a commodity.
14:42The work was first designed
14:47such as the way to survive,
14:53the way to ensure subsistence
14:55needs.
14:59Since even for harvesting,
15:02It requires work.
15:07So, labor as a commodity
15:11will impose itself with what we have called
15:14salaried employment,
15:16what we're going to call
15:17the development process
15:19which will gradually isolate
15:23and the worker
15:25of these work tools.
15:30And what's very interesting,
15:33it's about seeing that at the time
15:36where I am speaking to you,
15:38in many parts of the world,
15:40particularly in Africa
15:42work is not necessarily
15:44perceived as a commodity.
15:47because my grandfather
15:49who goes into his field
15:51The morning,
15:52who cultivates,
15:54He works for his livelihood.
15:57He doesn't work.
15:59Often not even that.
16:00for a market.
16:02I remember a conversation
16:03that I had with a man
16:04who meant a lot to me,
16:06with whom I had a friendly relationship,
16:09Jean-Pierre Vernon,
16:12and of which we know
16:13that he thought about it a lot
16:16instead of work
16:17in ancient Greece.
16:19And by going against
16:21clichés
16:22who say that the Greeks
16:24had a general contempt
16:25work, etc.
16:28And I remember
16:29having asked him one day
16:30"But your plowman"
16:32who pushes his plow,
16:35the Greek peasant,
16:37I'm not talking about the slave,
16:38the free worker,
16:39What does it mean to him?
16:41Then he had thought about it,
16:42he told me
16:43"Something like a prayer,
16:47I am part of a vital environment.
16:51in forces beyond my control
16:53I work and I hope to find there
16:57the means of my survival.
17:00Afterwards, you can have discussions
17:02regarding the specific dates,
17:05But what we know overall,
17:08that's what we've gone through
17:10of a regime
17:12said the savage state,
17:16the community state
17:17And then civilization.
17:22And in civilization,
17:24you are going to have
17:25the slave system,
17:28the feudal system
17:29and then the rather capitalist system.
17:32So I think it's at the level
17:34of the construction
17:36of the capitalist system
17:37that commodification
17:39will be clear.
17:41Because capitalism,
17:44by its very nature
17:44it's going to be private appropriation
17:46means of production.
17:49And at that moment,
17:50the work will clearly
17:52a means of production
17:54with a price
17:56and the terms and conditions
17:58exercise.
18:03Actually,
18:04it took an enormous amount of time
18:06to define the work
18:07like a commodity.
18:10Moses Finley,
18:11a true classic
18:12he emphasized it.
18:12There are many expressions
18:14such as "selling one's time".
18:16The boss said
18:18"You are here for a time,
18:19even if you have finished,
18:21"Keep going and keep working."
18:22"My time, your time"
18:26It's a strange concept.
18:27but it's essential
18:28to understand
18:29how the work
18:30becomes a commodity.
18:32Look at the Romans
18:33or the Greeks.
18:34If you had spoken to them
18:36to buy time,
18:37they would have looked at you
18:38like a madman.
18:41The first thing
18:42which must be clearly understood,
18:43that's the treatment
18:45work
18:45like a commodity
18:47is directly linked
18:49to this design
18:51purely negative
18:53work
18:54as being
18:55a source of disutility.
18:57If the work
18:58becomes
19:01even fleetingly
19:02or partially
19:03or temporarily
19:04or in certain parts
19:06time
19:07a source of satisfaction,
19:09usefulness,
19:11so we can't anymore
19:12use completely
19:13a commercial approach.
19:16What is a commodity?
19:21That could be a good thing,
19:23one thing,
19:24an object
19:25or a product service
19:26to earn an income.
19:30A commodity
19:32is not necessarily stored.
19:34It could be
19:35a service provision.
19:38Accordingly,
19:40when someone exchanges
19:41his time
19:41to earn an income,
19:43his work becomes
19:45a commodity.
19:46But we need to argue our point.
19:48in a still
19:49more precise.
19:51The merchandise
19:52which I am talking about,
19:53It's the workforce.
19:54To quote a great scientist,
19:57Karl Marx,
19:58he established
19:59a clear difference
20:00between work
20:01and workforce.
20:05Yes, that's a good point.
20:11Marx distinguishes
20:12the work
20:13and the workforce.
20:21The workforce
20:23is your ability
20:25to do one thing.
20:28What the capitalist
20:30buys from workers
20:31is sealed
20:33by contract.
20:35It concerns
20:36the capacity
20:37to work
20:38for a capitalist
20:39a given time.
20:43If I hire
20:46a plumber
20:47to a worker
20:48independent,
20:49I pay for it
20:50regarding what has been done,
20:52for his work.
20:53But when a capitalist
20:57hire someone,
20:58it's something
20:59incomplete.
21:00I need to hire
21:01someone
21:02and I will try
21:04to draw from it
21:05the maximum.
21:08it's not necessarily
21:10what the worker
21:12wanna.
21:12SO,
21:13there is a conflict
21:14between the employer
21:15and the employee.
21:17This conflict
21:18is obvious
21:19when we understand
21:20that it is a force
21:21work
21:21that the employer
21:23paid.
21:25This conflict
21:26between employer
21:27and employee
21:28is truly
21:29in the center
21:30of the analysis
21:31Marxist.
21:32He is also
21:33in the center
21:34of the operation
21:34of production
21:38capitalist.
21:39So that the work
21:40either a commodity,
21:41it has to be
21:42abstract work,
21:44exactly.
21:45It has to be
21:48a force
21:49who does not have
21:51a particular quality.
21:53It has to be
21:54a force
21:55which applies,
21:57in my opinion,
21:59capital
21:59and consequently
22:00to the large company.
22:03So that he becomes
22:04a commodity,
22:05he needs to be able to
22:05to be bought.
22:06So that he can
22:07to be bought,
22:08he needs to be able to
22:08to be quantified.
22:09And this quantification,
22:12it will be necessary
22:13that she
22:13historically constructed
22:16quantified
22:16either to the task,
22:17either at the time
22:18work.
22:19And that's the price.
22:20that we will be able to
22:21get a job
22:23in its pure form
22:24which will be appropriable
22:26by a person
22:27that we will be able to
22:28call the capitalist
22:30and capitalist
22:31Who will pay?
22:32something
22:33which looks like
22:36to what we will call
22:37with economists
22:39classics,
22:40what we're going to call
22:40a factor of production.
22:41That's very interesting.
22:43That too,
22:43it's built
22:44the concept of factor
22:45production
22:45and therefore work
22:46merchandise.
22:48Abstract work,
22:50the workforce,
22:51has become
22:51a commodity.
22:53It will take 60 years
22:54to conceptualize
22:55its market.
22:56The greatest economists
22:58will be called upon to contribute,
23:00Walras or Marshall,
23:02For example.
23:04However, today,
23:06some doubt
23:07that the concept
23:08be relevant
23:09to describe
23:09contemporary reality.
23:12It's really
23:14a little more
23:19It is true
23:20that the term
23:21labor market
23:22is quite unpleasant.
23:27We have to sell ourselves
23:28in a market.
23:33Those who sold themselves
23:35in this market
23:38had the feeling
23:39that it was not
23:40a pleasant experience.
23:48realistic representation
23:50of the labor market
23:51is absolutely not
23:53a representation
23:54which lends itself
23:56to a treatment
23:57in terms
23:57supply curves
23:58and requests
23:59as in the markets
24:00organized,
24:00as on the stock market
24:02which was the great image
24:03taken by Walras
24:05when he started
24:06to formalize
24:07the theory
24:08of general equilibrium.
24:09In reality,
24:10it's something
24:11of everything...
24:11The labor market
24:12is something
24:13extraordinarily special.
24:14You have
24:16enormous molecules
24:17who are the companies
24:21who embrace
24:23the overwhelming majority
24:25labor transactions.
24:27And you have
24:28Effectively
24:29people
24:30who are outside
24:32who are either inactive
24:34but who want to return
24:35in the labor market
24:36or who are unemployed.
24:38And so,
24:39what is called
24:40but in a way
24:41very obscure
24:42Ultimately,
24:43especially if we have
24:45the image of the market
24:46supply and demand
24:46at the top,
24:47what is called
24:48the labor market,
24:49In reality,
24:51It's a...
24:52The right image
24:53would be the
24:53of a train station hall.
24:55That's to say,
24:56there are people
24:57who are in the room
24:57waiting
24:59but who are waiting
25:00their train
25:00or who hope
25:01power to take
25:01a train
25:02and then there are people
25:03who board the train
25:03to get to the destination
25:04but in the end
25:06of this job
25:06they will take some
25:07another.
25:08And the labor market
25:10In fact,
25:10it's the traffic
25:13traffic
25:14flows
25:15between them.
25:17SO,
25:17we can group together
25:18all companies
25:19existing
25:20in a...
25:21You see,
25:21a large subset
25:23which we will call
25:23employees
25:25but there is another
25:26subset
25:27who is unemployed
25:27who is,
25:28Thank God,
25:29smaller
25:29and then another
25:30subset
25:30which is called
25:31inactive.
25:33That's a question
25:35that I always ask
25:37to my students.
25:38Are you
25:39already been to the market
25:40Work?
25:41And they answer me
25:42What do you mean?
25:45A labor market,
25:49It's a metaphor.
25:50that economists
25:52academics
25:52tend to use
25:54to describe
25:54a mythical relationship
25:56offers
25:56and requests
25:57where the work
25:58is sold
25:59bought.
26:00The loan of labor,
26:02the salary,
26:03is adjusted
26:03according to the offer
26:04and the related request.
26:09But who experiences this?
26:11Does this exist?
26:15It's extremely marginal.
26:20There might be one
26:22for day laborers.
26:26But most people
26:27apply to companies
26:29which offer jobs,
26:31jobs,
26:32jobs.
26:33There is a structure
26:34fixed salary.
26:36If they are accepted,
26:39a relationship is established
26:40continues
26:41between employees
26:42and employers.
26:45I can't find
26:46I can't find
26:48that this corresponds
26:49to the model
26:50of the offer
26:50and demand
26:51that economists
26:52apply
26:53approximately
26:54anything.
26:57Yes yes.
26:58The labor market,
27:00It's a theoretical fiction.
27:02It's a theoretical fiction
27:04and someone like Keynes,
27:06John Maynard Keynes,
27:08explains it very well
27:10speaking about this market.
27:12He says the market assumes
27:14supply and demand
27:17people
27:18who are free,
27:20free
27:20to conduct transactions
27:22or not to do
27:23of transactions.
27:25And so,
27:26for the classics
27:27and the neoclassicals,
27:28especially, moreover
27:29the neoclassicals
27:29and the classics,
27:31the salary,
27:32that's the price
27:33work
27:35and the level of employment
27:38in a society,
27:39it's the quantity
27:40work
27:41globally.
27:43And Keynes said,
27:45attention,
27:45the one who offers his work,
27:48the potential worker,
27:50He has no choice.
27:52He works or he dies.
27:55SO,
27:56you cannot speak
27:57market
27:58when on one side of the market,
28:00you have people
28:01who have no choice.
28:04The one who asks for the job,
28:06the entrepreneur,
28:07he has a choice
28:08to hire
28:09or not to hire.
28:11But he who offers his labor,
28:14He has no choice.
28:16And so,
28:17Keynes's intelligence,
28:19that is to say,
28:21you want to talk
28:22market
28:22because
28:24you want
28:24to assume,
28:26without saying
28:28explicitly,
28:29violence
28:30of the capitalist system.
28:32this speech
28:33must
28:35necessarily
28:35to come
28:36to produce
28:37this category
28:37market
28:38work
28:39for the reason
28:40ideological
28:42Who
28:44presides
28:45for all uses
28:45from the word market
28:46and who are
28:47reasons
28:48of widespread denial
28:50of conflict
28:51specific to economic exchanges.
28:53and all the more so
28:54in the sphere
28:55work
28:55Who,
28:57in mode
28:57production
28:58capitalist,
29:00fundamentally rests
29:01on the mechanisms
29:03blackmail
29:04to material survival,
29:06of the socket
29:07hostages
29:08by ownership
29:08unilateral
29:09resources
29:09production,
29:11so, currencies
29:12who are
29:14intrinsically
29:14violent
29:15and who,
29:16In this respect,
29:17were
29:18a denial
29:19particularly
29:20spectacular,
29:20in the right proportion
29:22violence
29:23things
29:24to deny.
29:25SO,
29:25obviously,
29:27In this case,
29:28the category
29:29labor market
29:30did perfectly
29:31the case.
29:31As there is
29:32the market
29:33at Poir-William,
29:35well,
29:36there is the market
29:37Or
29:38kind people
29:40entrepreneurs
29:41offer
29:42to kind people
29:42employees
29:43what
29:45to employ oneself,
29:46to come true
29:47so that
29:49all,
29:50brothers,
29:51participate
29:51to a large
29:52collective work.
29:53Globally,
29:54That's it
29:55the story
29:56which is being told.
29:57But anyway,
29:58those concerned
29:59know their worth.
30:01It's enough
30:02to ask them
30:02the question,
30:03Besides.
30:04Capital
30:05and salaried employment
30:06are opposed.
30:07Two forces
30:08antagonists.
30:09The imbalance
30:10is obvious.
30:11The capitalist
30:12control the means
30:13production.
30:14The employee
30:15does not possess
30:16that its strength
30:16work.
30:18Thanks to the contribution
30:19from the trade union movement
30:20labor law
30:21it gradually
30:22constituted
30:23to rebalance
30:24the relationship
30:24between capital
30:25and work.
30:29It is a material
30:30exciting
30:31labor law.
30:33Why is it so exciting?
30:35Because
30:37that's the result
30:39of the collision
30:40of the legal order
30:42with
30:44mutations
30:45scientists
30:45and techniques
30:46without equal
30:47in history
30:47that intervene
30:48the 19th century.
30:49The conditions
30:50life
30:50workers
30:51of the peasant
30:5218th-century French
30:54were not very
30:54different
30:55of those
30:55of the peasant
30:56Roman.
30:57And then comes
30:59the revolution
31:00technical
31:01and which is upsetting
31:03at some point
31:04obviously
31:05all the balances
31:07acquired.
31:07And we invent
31:08a right
31:09which will allow
31:10to survive
31:12to this shock
31:13and even
31:13as much as possible
31:14to make it
31:16beneficial
31:16for a more
31:18large part
31:18of the population.
31:19In order
31:20ancient,
31:21we thought
31:21that there was
31:21an order
31:21justice
31:22who was registered
31:23in the laws
31:23and then
31:25the right
31:26had the function
31:27to enforce
31:28as much as he was
31:28possible
31:29this order.
31:30With the right
31:31work
31:31appears
31:31a new
31:32idea of justice
31:33who is no longer
31:34defined a priori.
31:37Let's say
31:38what is
31:39just in the report
31:40wage exchange?
31:42Well
31:42so that this justice
31:43come what may,
31:44there must be
31:44a balance
31:45forces.
31:46And it's through play
31:48of the conflict
31:49and negotiation
31:51that we're going to have
31:52a definition
31:53tentatively
31:54of social justice,
31:56tentatively
31:57and scalable.
31:57And we saw
31:59in the large
32:00manufactures
32:01then in the large
32:02companies
32:03masses
32:04important
32:05of workers,
32:06female workers
32:07or employees
32:08to be defended
32:11by organizations
32:12trade unions
32:13which
32:13They agreed.
32:14And the right
32:16work,
32:16that's the result
32:18of a mobilization
32:20from
32:21workers
32:22who are aware
32:23to commit
32:24in their work
32:24when they enter
32:25in a company.
32:26They commit
32:26truly
32:27in a job
32:28and so
32:29the necessity
32:31in return
32:31from
32:32of the employer
32:33to guarantee them
32:34conditions
32:35work
32:35that ensure
32:38that there is no
32:39alteration
32:40their health
32:41physical and mental
32:43and then
32:43that they can
32:44to have certainties
32:45regarding stability
32:47For example
32:47their job
32:49and their
32:51remuneration.
32:51So the right
32:53it's the reflection
32:54somehow
32:55battles
32:56which were conducted
32:56by the organizations
32:59trade unions
32:59and thanks to the mobilization
33:00workers
33:01to obtain
33:03protective measures
33:03guarantees
33:04and it became
33:06the labor code.
33:08Labor law
33:09will allow
33:10to render
33:11humanly livable
33:12technological progress.
33:14It's a technique
33:15of humanization
33:16techniques
33:16in that sense.
33:18So that's
33:19a first imperative
33:21physical security
33:22who next
33:24will develop
33:25in economic security.
33:28We must ensure
33:29that even
33:30if it is loaded
33:30family
33:31he can also
33:32raising children
33:33that's of interest
33:34Understood
33:34of the employers' association.
33:37that if he is sick
33:39he will survive
33:40anyway
33:40to his illness.
33:43That's all
33:44a section
33:45labor law
33:46it's about ensuring
33:47long time
33:48of human life
33:50to make possible
33:52a short time
33:53markets
33:54where we do
33:54as if
33:54It was a commodity.
33:56You see.
33:58Another aspect
33:59labor law
34:00that's
34:01which
34:03justifie
34:03the market
34:04That's the idea
34:05of contract.
34:07the market
34:07this is the place
34:08meeting
34:08of the offer
34:08and demand
34:09which are tied
34:09in a contract
34:12and that's the contract
34:13who fixes
34:14the law
34:15of the exchange
34:16between
34:17time
34:18work
34:18and salary.
34:21But
34:21we are well aware
34:23of asymmetry
34:25contractors
34:27in the case
34:27of the contract
34:27work
34:28since there is one
34:29then
34:30Marx
34:30there is one
34:32who has capital
34:33and then the other
34:34has nothing
34:34that his own
34:35workforce
34:36he is the proletarian
34:37therefore the right
34:38work
34:39will intervene
34:39to restore
34:40a certain balance
34:42negotiation
34:44conditions
34:45contractual
34:46of the exchange
34:46and this recovery
34:48is done
34:49through recognition
34:50collective freedom
34:51that's to say
34:51on an individual level
34:53this equality
34:54does not exist
34:55She is nowhere to be found.
34:56we will try
34:57to restore it
34:57at a collective level
34:59assuming
35:01the organization
35:02collective
35:03shapes
35:04action
35:05collective
35:05and the negotiation
35:06collective
35:07those are the three
35:07pillars
35:08law
35:08collective
35:09work
35:12we practice
35:13a certain
35:13number of rights
35:15particularly
35:16the right
35:16work
35:18you cannot
35:19not to do
35:20all that
35:20you want
35:21with your
35:22employee
35:23with your slave
35:25you had a right
35:26about his life
35:27you had the right
35:28to kill your slave
35:30in the Middle Ages
35:32the lords
35:33feudal lords
35:33had greenhouses
35:35that they could
35:35punish physically
35:36or even kill them
35:38So there is
35:39a difference
35:40fundamental
35:41between work
35:42modern employee
35:43and serfdom
35:44or slavery
35:45antique
35:48in a society
35:50illuminated
35:50like ours
35:51it is necessary
35:52to watch
35:53to respect
35:53of our rights
35:54and simultaneously
35:56reject
35:56the argument
35:57that the competition
35:58world
35:59would require it
36:00a reduction
36:01This is unacceptable
36:05In fact
36:06It is
36:07it's in the field
36:08law
36:08work
36:09that
36:10neoliberalism
36:11has
36:12the impact
36:14the most important
36:15because
36:16neoliberalism
36:17among other things
36:18things
36:19a speech
36:20on the law
36:21and of the same
36:22the way it is
36:23a speech
36:23on the company
36:24that's to say
36:25that we will try
36:25to save
36:28the company
36:29we will also
36:30to try
36:31to save
36:33the right
36:33What does that mean?
36:35save the law
36:36and therefore in particular
36:38labor law
36:39that means
36:40that
36:41the right
36:43who could have
36:45be considered
36:46For example
36:47like an agent
36:48protection
36:50individuals
36:51here
36:52he will have to
36:53to be used
36:54as a way
36:56to maximize
36:59competition
37:00SO
37:01we will make sure
37:03whether we are
37:06In fact
37:07in a right
37:10who has
37:10First of all
37:12a vocation
37:13to produce
37:14economic efficiency
37:16the right
37:17is not here
37:18In fact
37:18to allow
37:21social justice
37:22the neoliberals
37:24Hayek first and foremost
37:26wrote
37:27at length
37:28based on the idea
37:29that social justice
37:30is a
37:31mirage
37:32and that
37:33it's related
37:33to the more general idea
37:35that the company
37:36the social
37:37does not exist
37:38it does not exist
37:40for reason
37:42exterior
37:43who should
37:45decide
37:46such
37:47situation
37:48is more accurate
37:49than such other
37:49situation
37:50and there is no
37:52no mechanism
37:55democratic
37:56or not
37:56who can
37:57to ensure
37:58that
37:59such
38:00allocation
38:01is more accurate
38:02than another
38:02So we evacuate
38:03completely
38:04the concept
38:05of a justice
38:06social
38:07justice
38:08allocative
38:09justice
38:11distributive
38:11to the benefit
38:13of a single type
38:14justice
38:15who is justice
38:16procedural
38:18what is this
38:19that justice
38:20procedural
38:21procedural justice
38:22That's the idea
38:23that
38:23if all the agents
38:25if all the actors
38:27agree
38:29For
38:31contract
38:33SO
38:33everything that
38:35could result
38:36of this contract
38:37is just
38:39if
38:40we are all
38:42All right
38:42to play
38:43the economic game
38:44but that this game
38:45economic
38:46it makes certain
38:47people in
38:48the economy
38:48very very poor
38:50and others
38:51people in
38:52the economy
38:52very very rich
38:54we don't go back
38:55not on it
38:56the right
38:57is only
38:58a right
38:59who must
39:02organize
39:03the rules
39:03of the game
39:04we always had
39:05think
39:06that it was necessary
39:07respect
39:08his word
39:08it is an element
39:09fundamental
39:11the force
39:11speech
39:12data
39:14that's what they say
39:15in Latin
39:15pacta
39:16sunt
39:17servanda
39:20And
39:21economic analysis
39:22said
39:22well yes
39:23but
39:24let's take a case
39:25I promised you
39:26of you
39:27deliver a drug
39:30For
39:30a value
39:31of 1000 euros
39:33you need
39:34you are sick
39:35but someone
39:36proposes
39:3710,000
39:38for the same
39:39medicine
39:40Good
39:41I'm doing a calculation
39:42usefulness
39:42I have an interest
39:44to him
39:45sell
39:4510,000
39:47and then
39:47YOU
39:47I will compensate you
39:49maybe
39:501000
39:50or 2000
39:52and I'm going to do
39:52a profit
39:53of 8000
39:53so the economists
39:54they say that
39:55in economic analysis
39:57law
39:57let's say
39:58it's a better
39:58allocation
39:59of the resource
40:00So that means
40:01that this type
40:02economic analysis
40:03attacks the heart
40:04even of normativity
40:05legal
40:05that's the strength
40:06OBLIGATORY
40:07speech
40:08and what we can say
40:09that's because in a world
40:09where the word
40:10is worthless
40:11well
40:12there is only violence
40:13which may arise
40:14from this point of view
40:15there is a little
40:15predictability
40:17through analysis
40:20legal
40:20and the link
40:21with the right
40:22work
40:23These are the reforms
40:24the most recent
40:25of the labor code
40:27where we have barified
40:29the allowances
40:30which are due
40:31in case of dismissal
40:32illegal
40:32as you know
40:34Why ?
40:35to allow
40:36to the employer
40:37to do a calculation
40:40Good
40:40this employee
40:41I have nothing to reproach him for.
40:42but he really
40:43a face I don't like
40:44where he has a religion
40:45in this case
40:46it would be a little different
40:47because if it happens
40:48to prove
40:48that it is discrimination
40:49the remuneration scale
40:50will not play
40:51but in fact
40:52I'm firing him
40:54without having a reason
40:55or
40:56for reasons
40:57unmentionable
40:59And
41:02I'm putting myself out there
41:03to a sanction
41:04then the rule
41:05before this reform
41:06it was
41:08you were bound
41:09by your contract
41:10so if you rape
41:11the contract
41:12you need to repair
41:13the damage
41:15caused to workers
41:16So it's the judge
41:17who appreciated
41:18the damage
41:19and we repaired
41:20the entirety
41:21the harm
41:21what did they do
41:22The reforms?
41:23that's to say
41:23no no
41:24we're going to create a grading scale
41:25which will allow
41:26to employers
41:27to calculate
41:28what is
41:29the most advantageous
41:30I respect the law
41:31or I rape her
41:33Good
41:33SO
41:35if I rape her
41:35I know it will cost me
41:36so much
41:36Ultimately
41:37it's not that expensive
41:40the employment contract
41:41binds the employer
41:42to the employee
41:43he defines
41:44his remuneration
41:45its schedule
41:46the protective measures
41:47to which he is entitled
41:48and its obligations
41:50this contract is based
41:52on a specific relationship
41:54the link
41:55of subordination
41:59Roman jurists
42:00to think
42:01this type of figure
42:02we say
42:02at the bottom
42:03the one
42:05who is paid
42:07to work
42:07without being the owner
42:09of the product
42:09from his work
42:11it's like
42:12if he was
42:12to himself
42:13his own slave
42:15and that it was selling
42:16himself
42:17the formula in Latin
42:18it was
42:18locat se
42:19that means
42:20he rents himself
42:20so originally
42:22of the employment contract
42:23there is the idea
42:24of a rental
42:24things
42:25and a rental
42:26of oneself
42:27and this figure
42:28will run
42:30until
42:31to the French Revolution
42:32and in the civil code
42:34the hire of service
42:35appears again
42:36as a variant
42:39rentals of things
42:40so the process
42:42invention
42:42of the employment contract
42:43if I take the case
42:45of France
42:45takes place
42:47throughout the 19th century
42:49the expression itself
42:50is beginning to establish itself
42:52that at the end of the 19th
42:53we will continue
42:54to talk about rent
42:55service
42:57and we are still
42:58in a world
42:59where the crafts
43:00plays a role
43:01plays a role
43:02important
43:03but
43:03throughout
43:04this period
43:05intermediate
43:07There are debates
43:08legal
43:08without end
43:09on nature
43:10of this contract
43:11impossible to think
43:13how
43:14in a society
43:14free
43:15there may be
43:16human beings
43:17that are entirely
43:18under the orders
43:18from another
43:19in a society
43:20democratic
43:20you can see that
43:21that there is an antinomy
43:22latent
43:23the employment contract
43:24in its form
43:26standard
43:27current
43:28in all countries
43:29that it is by right
43:30Anglo-Saxon
43:31either by right
43:32European
43:32continental
43:34so we are
43:35I agree
43:35the employee
43:37is someone
43:38Who
43:40recognizes
43:40to someone else
43:42his employer
43:43the right
43:45to give him
43:46orders
43:46we give up
43:48to a certain
43:50freedom of behavior
43:51at least inside
43:52of certain limits
43:53in exchange
43:54of this renunciation
43:56we receive
43:58a remuneration
43:59who is
44:00which cannot be
44:02fundamentally
44:03dependent
44:03economic activity
44:04the idea is
44:05a remuneration
44:07which does not depend
44:09too directly
44:10economic activity
44:11but we accept
44:13to return
44:13in a relationship
44:14of subordination
44:15economists
44:16they don't think
44:16in terms of subordination
44:18So there are reasons
44:19techniques for that
44:20And there are reasons for that.
44:21historical
44:21economists
44:22consider that
44:25implicitly
44:26if we arrive
44:27to ensure
44:28in a country
44:29full employment
44:29we solve the problem
44:31power
44:31and we solve the problem
44:32of subordination
44:32because someone
44:33who is not happy
44:34of his job
44:35he can leave it
44:35to find one
44:36there is no payment to be made
44:37a very high price
44:38to be unemployed
44:40potentially unemployed
44:41for a long time
44:42SO
44:43this question
44:44of subordination
44:45she didn't ask herself
44:46because
44:48economists
44:48reflect
44:49it depends
44:49institutions
44:50in which
44:50they live
44:51and it wasn't
44:51a question
44:51which was pressing
44:52compared to
44:53For example
44:53the questions
44:54from the economist
44:55employment
44:55in the years
44:5660-70
44:57it was not
44:58subordination
44:58because once again
44:59we were in a context
45:00full employment
45:00it was, for example
45:01the problem of discrimination
45:02so that
45:03It wasn't really thought through.
45:06this relationship of subordination
45:08and then
45:08that posed
45:09questions
45:10power
45:10and the economists
45:12are struggling
45:13to model power
45:14and those were questions
45:15who again
45:15are normative
45:16and so
45:16who did not like
45:17too much for economists
45:18so we took them out
45:18through the door
45:19and what is very interesting
45:21that's
45:21it comes back through the window
45:22Today
45:23the nature of the link
45:24of subordination
45:26between the employee
45:27and his employer
45:28it is double
45:30let's say
45:30there is a formal nature
45:33legal
45:33the apparent nature
45:34that's to say
45:35for a given moment
45:37the employee
45:38submits to orders
45:39of the employer
45:40and within limits
45:41defined by law
45:42he must accomplish
45:43the work
45:43that the employer designates him
45:45and then there is
45:46a deeper connection
45:48a subordination
45:49deeper
45:50that's precisely it
45:51on which Marx
45:52had put his finger
45:52that's to say
45:53that the employee
45:54he is free
45:55but because
45:56that he does not possess
45:56the means of production
45:57above all, he is free
45:58to starve to death
45:59if he does not work
46:00for a capitalist
46:01then we'll say
46:02he is free
46:03to choose which
46:03but he is not free
46:05to avoid starving to death
46:07and so from there
46:08There is a subordination
46:10far more insidious
46:11much deeper
46:12we can say
46:13which is being done
46:14anonymously
46:16by the laws of the market
46:17by simple laws
46:18competition
46:19And who says that
46:20if you are without
46:21capital
46:22if you are
46:23a simple worker
46:24you need to find
46:25a capitalist
46:26who wants you
46:27and who will be willing
46:29to be kind
46:30to exploit your work
46:31and if you can't find any
46:33Woe to you!
46:34in the population
46:36at the bottom there
46:36two types of individuals
46:38on one side there is
46:40individuals
46:41who don't like risk
46:44those people
46:45are very numerous
46:48They don't like risk
46:49and so
46:50they accept
46:51the relationship of subordination
46:53that's to say
46:54they accept
46:55to become employees
46:56and in return
46:59they obtain
47:00security
47:01against subordination
47:03which is the fact
47:04to have
47:04a monthly income
47:05assured
47:07and then
47:07there is a certain
47:08number of people
47:10who are ready
47:11to assume the risk
47:13and those people
47:15These are the entrepreneurs
47:18who assume the risk
47:19which are not protected
47:21and who
47:22if
47:24the risk turns bad
47:25that's to say
47:26if they incur losses
47:28must
47:28somehow
47:29pay these losses
47:31when we
47:33developed
47:33this liberal conception
47:35of subordination
47:37We're forgetting two things
47:40we forget the fact
47:42that the employees
47:43are entirely
47:45protected from risk
47:45It's true
47:47they receive a salary
47:48certain
47:48at the end of the month
47:50except in two cases
47:52two very important cases
47:54the first
47:55that's because they are not
47:56protected
47:58against a decrease
47:59possible salaries
48:01or a limitation
48:02the increase
48:03and that
48:04It could be related
48:05simply
48:06to the economic situation
48:08in which one finds oneself
48:10notably
48:10situations
48:11crisis
48:11but beyond
48:13situations
48:13crisis
48:14situations
48:15deterioration
48:16of the economy
48:17but there is also
48:18another risk
48:19this other risk
48:20considerable
48:21It's a dismissal
48:22case law
48:24law
48:25work
48:29at least she
48:30does not pay
48:31words
48:31it characterizes
48:33the report
48:36salary
48:36like a report
48:38of subordination
48:39and obedience
48:41hierarchical
48:41and which is stated
48:43in reality
48:44in an alternative
48:46under the terms
48:46perfectly sliced
48:49either you fold
48:50either you leave
48:51that's what's ordered
48:54or the door
48:55in the frame
48:56of the link
48:56of subordination
48:57the employee gives up
48:59to free will
49:01of usage
49:02of his time
49:04he hands it back
49:05to the employer
49:07who decides
49:07of the organization
49:09work
49:10in which
49:11the employee
49:12will work
49:13So, can we?
49:14consider
49:16than in a world
49:17also complex
49:19what has become
49:19ours
49:21this exchange
49:22this absence
49:24of reciprocity
49:25where one depends
49:27on the other
49:28is reasonable
49:29and efficient
49:30we can ask ourselves
49:31the question
49:31and in my opinion
49:32we must ask ourselves that
49:33because
49:34what we notice
49:35that's
49:36And that's why.
49:37that some say
49:38we must free
49:38the company
49:39without releasing
49:40truly
49:41employees
49:41of the link
49:42of subordination
49:42we need
49:44capacity
49:46initiative
49:46intuition
49:48from experience
49:50inventiveness
49:52employees
49:52so that
49:53the company
49:54be effective
49:55and that the work
49:56done by each
49:57bears fruit
49:58we need it
49:59and the link
50:01of subordination
50:02it's something
50:03which locks
50:04who begins
50:07exactly
50:07this ability
50:08inventiveness
50:09quality
50:11of the contribution
50:11of the employee
50:12who is
50:13forced
50:13content
50:14under surveillance
50:16control
50:17which is harmful
50:18from the point of view
50:19health
50:19physical and mental
50:21and who
50:23is not performing well
50:25for the company
50:26this definition
50:28of subordination
50:29that lawyers
50:30had to build
50:31place
50:31to decide
50:33disputes
50:34obviously
50:35she is
50:35a very bad
50:36instrument
50:37to govern
50:38the company
50:40so very quickly
50:41was done
50:42a gap
50:42what is
50:44you can
50:44imagine
50:45you have
50:45a conflict
50:47between
50:47the engineer
50:48coachbuilder
50:48body
50:49and the engineer
50:50underneath
50:51and the chief
50:52arrived
50:52he said
50:52I will decide.
50:54for the body shop
50:55he will avoid
50:56the chief
50:57certainly
50:57he could
50:59mobilize
50:59the judgment
51:00of subordination
51:01but he won't
51:03he won't
51:05abuse
51:05from a position
51:06of authority
51:06what would he give
51:07justice
51:09at that moment
51:10so in fact
51:11there is a discrepancy
51:11between
51:12a concept
51:13legal
51:14who has
51:15somehow
51:16that we had to
51:17develop
51:18For
51:19create
51:21legality
51:22of the situation
51:22and a reality
51:24work
51:25which is incompatible
51:26with subordination
51:27so there
51:28There is
51:29an absence
51:30a void
51:32total
51:33which means that
51:33no one questions
51:35the relationship of subordination
51:36which is an archaism
51:38absolutely
51:38incredible
51:39There is
51:41an unthought
51:42on this
51:44possibility
51:45to question
51:46the relationship of subordination
51:47because
51:48in people's minds
51:49of public opinion
51:50the company
51:52belongs
51:53to employers
51:54and so
51:55the employee
51:56somewhere
51:57belongs to the employers
51:58then delete
52:00subordination
52:01in the contract
52:02work
52:02it's to delete
52:04capitalism
52:05himself
52:05never an employer
52:07will not accept
52:09in the period
52:10current
52:11how to put
52:12to employ people
52:14and pay them
52:15without having the right
52:16exactly
52:17to be
52:17the leader
52:19their work
52:20because
52:20subordination
52:21East
52:22consubstantial
52:23to salaried employment
52:24thinking about a salaried workforce
52:25without subordination
52:26it's like
52:27try to think
52:28a square circle
52:28That doesn't make sense.
52:29it's a chimera
52:31the overshoot
52:32of subordination
52:33In
52:34the activity
52:36collective
52:36of production
52:38will assume
52:39necessarily
52:39the exit from salaried employment
52:40that's to say
52:41the exit from capitalism
52:45the work
52:46is a concept
52:47timeless
52:47the hunters
52:49pickers
52:49were
52:50the serfs
52:51of the Middle Ages
52:51Also
52:52the workers
52:53of the end
52:54of the 19th century
52:55were
52:56like a majority
52:56of men
52:57and women
52:57Today
52:58with the market
52:59work
53:00appears
53:01a new concept
53:02employment
53:03other
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