Résumé
Largely shaped upon collective bargaining agreement, labour law cannot afford to bypassthe debate relating to the identification of the employees party to these agreements. If thecollective bargaining agreement was built upon a model of negotiation with the unions, thelack or absence of the latter, combined with the necessity or desire to use the newopportunities offered by the agreement, dictates the acknowledgement of otherprotagonists. The notion of collective bargaining agreement comes out deeply altered.Employees intervene by way of referendum to create or validate the agreement. Butbecause the referendum does not follow the model of the negotiated collective agreement,a new summa divisio emerges between negotiated agreements and adherence agreements,the regime of which sometimes differs lightly from the former. Insufficient to forge bondsbetween unions and employees, the referendum develops at the same time as theintervention of other representatives, directly elected by the employees, thus benefittingfrom a strong legitimacy, to the extent that the agreements resulting from negotiationsconducted with them are of the same nature as those concluded with unions.