Consortia under the OHADA Law and the interest of wage earners

The economic development of commercial companies, matched with the desire to modernize the size and structure of commercial companies and business units, is manifested by the multiplication of branches and the creation of subsidiaries, which leads to the creation and the multiplication of consortia. This may be a plus for the business world, but, for the wage earners, it is mostly characterized by the disregard of their interest. The aim of this article is to show the legal apprehension of the situation of wage earners in a consortium under OHADA law. What are the mechanisms put in place by the law to remedy the unpleasant legal situation of wage earners in the consortium? In conceiving the possibility for commercial companies to come together through various ties to form an entity called a consortium, the OHADA Treaty had to see in which way the interests of those who play a major role (wage earners) for the development of such companies will be safeguarded. This article has a double interest: socio-moral interest and a scientific interest-socio-moral interest, in that it tries to examine how the interest of wage earners, which is mainly alimentary and will not be abandoned in favour of capital interest; and a scientific interest as it endeavours to reconcile the application of two rules of law: that of company law and of labour law.