JOURNAL ARTICLE

Consortia under the OHADA Law and the interest of wage earners.

  • Published In: Uniform Law Review, 2024, v. 29, n. 3. P. 460 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Ndangoh, Medret Lekunga 3 of 3

Abstract

This article examines the legal situation of wage earners within consortia under the Organization for the Harmonisation of Business Law in Africa (OHADA) law, focusing on the challenges they face and the mechanisms available for their protection. It highlights that consortia, composed of legally autonomous subsidiaries controlled by a parent company, create complex employment relationships marked by difficulties in recognizing employment ties, managing accumulation of offices, and addressing wage earners' mobility across subsidiaries. While OHADA law and related national laws provide some preventive and reactive measures—such as rights to information, employee representation, and preservation of employment conditions during company restructuring—these protections are often insufficient or complicated by the consortium structure. The article calls for enhanced legal frameworks that better reconcile company and labor law to safeguard wage earners' interests within consortia, noting that current draft laws lack specific provisions addressing key issues like office accumulation, mobility, and employer determination.

Additional Information

  • Source:Uniform Law Review. 2024/08, Vol. 29, Issue 3, p460
  • Document Type:Article
  • Subject Area:Business and Management
  • Publication Date:2024
  • ISSN:11243694
  • DOI:10.1093/ulr/unae044
  • Accession Number:181970038
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