It falls within the power of the Labour Court (Conseil de prud’hommes) to dismiss the application of the provisions of the labour Code that it considers unconventional, i.e contrary to international law.
In fact, each legal standard must be compatible with all the rules that are superior to it in the hierarchy of standards.
More specifically, with respect to the rules of international law, Article 55 of the French Constitution provides that: "Treaties or agreements regularly ratified or approved have, since their publication, an authority superior to that of the laws ..."
The French judge may therefore be led, during the examination of a dispute, to exclude the French law to make prevail the international convention in the resolution of the dispute.
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Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)
.Paris : 4 rue Bayard 75008 Paris - Tel: 01 42 56 03 00 ou 01 42 89 24 48
.Nantes : 41, Quai de la Fosse 44000 Nantes - Tel: 02 28 44 26 44
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