Overview

This work has given us the opportunity to pay particular attention to employment law, and more specifically to the question of proof of the employment contract, in a context marked by profound change and in the midst of an economic revolution, bringing social players into conflict. Before proceeding with a substantive analysis, it was necessary to clarify the contours of the employment contract, rigorously distinguishing it from related contractual figures, in order to remove any conceptual confusion. This preliminary step provided an essential foundation for understanding our subject. We then examined the criteria constituting a contract of employment, focusing on the central element of legal subordination, the proof of which lies with the party claiming it, as well as on the notions of remuneration and activity performed on behalf of others. These criteria make it possible to legally characterize the employment relationship and place it within the protective framework of labor law. We then turned to the identification of admissible modes of proof to establish the existence of an employment contract.

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