Drivers Of Technology Licensing An Industry Comparison Case Solution
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Strengths
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Weaknesses
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Threats
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Bargaining Power of Buyers
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Bargaining Power of Suppliers
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Threats of New Entrants
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Threats of Substitutes
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Degree of Rivalry
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Political Factors
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Economic Factors
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Social Factors
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Technological Factors
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Environmental Factors
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Toutefois, le lgislateur nentendait offrir cette possibilit quaux plateformes mettant en relation, par voie lectronique, des personnes :En somme, lorsque le juge navait dautres lments que ceux consigns dans la charte, cette dernire constituait un abri pour les plateformes contre le risque de requalification en contrat de travail et leur permettait dviter les lourdes obligations affrentes au statut de salari salaires, charges sociales, indemnits de rupture etc. Il est noter que ces requalifications sont redoutables pour certaines plateformes dont le modle conomique repose sur le fait que les travailleurs indpendants supportent eux mmes les charges sociales lies leurs activits. Aprs avoir cart les griefs tenant labsence de porte normative de la loi, de lincomptence ngative du lgislateur et de latteinte au principe dgalit devant la loi, le Conseil constitutionnel a caractris linconstitutionnalit de la restriction au pouvoir de requalification du juge la suite de lhomologation de la charte lorsquelle repose sur le respect des engagements pris par la plateforme . Pourquoi ?Car il est jug inconstitutionnel quun nombre considrable dlments permettant de prouver lexistence dun lien de subordination entre la plateforme et le travailleur se voient figs dans une charte et prive, dans certains cas, les juges de rtablir lexacte qualification dune relation de travail. En effet, lesdits engagements pris par la plateforme couvrent un champ extrmement large de lexercice de lactivit professionnelle de la plateforme conditions dexercice de lactivit, conditions de travail. Mais ce qui pose difficult est surtout, selon le Conseil Constitutionnel, la possibilit pour les chartes de prciser la qualit de service attendue, les modalits de contrle par la plateforme de lactivit et de sa ralisation et les circonstances qui peuvent conduire une rupture des relations commerciales entre la plateforme et le travailleur . Cette possibilit peut, en effet, faire en sorte que lon retrouve dans les chartes des indices lis au pouvoir de contrle et de sanction dune plateforme sur ses travailleurs qui sont deux des trois critres du lien de subordination. Or, si ces deux critres ne peuvent tre utiliss par le juge, il pourrait, de facto, ne pas avoir assez dlments pour requalifier le contrat. En revanche, le reste de lalina disposant quun lien de subordination ne saurait tre caractris par le simple fait que la plateforme ait tabli une charte nest pas contraire la Constitution. Bien quayant censur une partie de larticle 44 de la LOM, le Conseil constitutionnel semble valider le systme de charte sociale tabli par le lgislateur qui permet de garantir un certain nombre de droits inspirs de ceux des salaris tout en conservant la flexibilit lie leur statut dauto entrepreneurs.
Drivers Of Technology Licensing An Industry Comparison Evaluation of Alternatives
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