ABSTRACT
In 1973, the ‘labour contract’, which established the relation between contribution of work and remuneration did not take into account the specific context where the contract takes place, with regard to the conditions of work and the minimum of remuneration. According to the French Civil Code a contract for work presents two individuals as two wills, free as to their rights, who, being autonomous and independent, are situated in a dual relation, excluding every exterior domain, and only committed in relation to them. In labour law, the judge functions as a mediator, a third between the two contractors who then can no longer think of themselves as free wills. Their imaginary ‘independence’ shows itself as interdependence, once symbolically mediated. The ‘fragility’ of the ‘subject at risk’ leads to be aware of a situation of symbolic dependence, far removed from the imaginary complete power attributed to the individual: on the imaginary plane the idea of dependence is intolerable.
