41 In summary, the industrial pluralism model is considered a good system of working relationships, as it is a “proposed” model and not an “imposed” model that underpins the autonomy of the enterprise that corresponds to the contractual tradition of the United States (Blanc-Jouvan 2005: 156).18 More generally, the economic analysis of the contract is strongly influenced by the Liberal and Classical American philosophy. , analyzes individual or collective agreements as an expression of the contractual will of free, equal and responsible contractors in the case of the organized enterprise. As the treaty is the result of individual freedoms, legislators and judges do not interfere in its birth or content. However, not all provisions of French labour law respect this model. On the contrary, it seems that the economic theories of the treaty are clearly incompatible with the positive labour law of the French judicial system. 29 With regard to the last argument, the economic theories of the treaty seem to provide a coherent analytical framework for the study of the contractual legal aspect of the working relationship. For example, at the time of the conclusion of the employment contract, there is a negotiation between the employer and the employee and an agreement on many elements of the employment relationship. This negotiation process is strictly contractual so that there are no contradictions between economists and lawyers on this point. As Pelissier, Supiot and Jeammaud (2006) assert, the employment agreement can be equated with a “specification zone” in which the worker`s qualification and remuneration, the place and other conditions of his or her work, clauses that offer benefits and guarantees for the worker (work vehicle and housing, experience benefits, clauses guaranteeing employment for a certain period of time etc.) , the mobility clause, the non-competition clause or the non-competition clause). Similarly, the contractual dimension is important when the employer decides to change or modify certain conditions of employment and work. These changes or amendments constitute a revision of the employment contract which therefore requires the employer`s agreement. 24The last argument seems to imply that workers have few alternatives to the specific relationship between themselves and their employer to give value to their productive efforts. There is no symmetry between the employer and the worker, which is economically dependent on the former.
For the employer, the dependency relationship is very variable. The employer is not dependent on its employees, because if the economic relationship is broken, it does not lose all of its residual income (unlike the employees). In addition, the employer can also organize production to replace employees with less expensive production factors. Therefore, the authority of employers in MTPR is indirect, as it derives from the power conferred by property rights (Baudry and Chassagnon 2010). In other words, the MTPR, which characterizes the working relationship from the point of view of power relations, seems “realistic” with regard to the law of unseated enterprises. Indeed, this theory focuses on inequality between employers and employees, from which employers are able to unilaterally define working conditions.