سلطة صاحب العمل في التسريح لسبب اقتصادي

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

feb970e9-b8c0-414c-918b-120139b2a729

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل دكتوراة

نوع الملف

pdf text

أسماء الملفات

797592_1.pdf

بيانات النشر

ألقاب المؤلفين

[{"name_ar":" عبدالحفيظ طاشور","title_ar":"اشراف","title_en":"Supervision"},{"name_ar":"الطاهر قرين","title_ar":"اعداد","title_en":"Preparation"}]

اللغة

Arabic

المصدر والدورية

اسم المصدر

سلطة صاحب العمل في التسريح لسبب اقتصادي

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

This research focuses on the strength of the employer in terms of repetition,but before we start the subject, it is necessary to explain what the strength of theemployer.Etymological, the employer is the boss of the thing or the thing that isworking?From a legal point of view, the employer is a party to the employmentrelationship, and in this respect the other party - who is paid - is used toperform work on his or her own account.An employer may be a natural person or legal person governed by publicor private law, but this does not change his definition.The employment relationship is subject to the employment contract. Theyare usually concluded for an indefinite period of time, but sometimes theemployer uses the fixed-term contract for temporary or limited work.The employment relationship ends with the termination of the employmentcontract for economic reasons. These economic causes are numerous andvaried.When established, they result in the dismissal of the worker, but the powerto dismiss the employer is not absolute and is restricted by legal mechanismsand procedures, including the prior administrative authorization of theemployer. Labor inspection in case of dismissal for economic reasons.This permission was for a long time an essential tool imposed on theemployer both in comparative law and in Algerian law.Since the appearance of this type of separation in France, at the level ofadministrative justice on the application of Ordinance 26 and 1945, thisauthorization remained mandatory in subsequent texts, particularly those issuedin 1973 and abolished only in 1986.In Algeria, this authorization was also mandatory even after the repeal ofFrench legislation in 1975, the 1990 labor relations texts were finally abolished.In addition to the pre-censorship exercised on the employer's ability todismiss workers for economic reasons, there is also judicial control by the judgeof the seriousness and reality ofthe economic case of dismissal.This can take various forms, such as corporate restructuring, privatizationand job cuts. Part of the doctrine also cites force majeure as an economicreason for dismissal because of partial closure or from the institution.The judge's background control may invalidate the decision to dismiss andre-appoint the worker in the event of misuse of the employer, whether due tolack of real or serious cause or non-compliance.Among the legal procedures to be followed by the employer beforeresorting to dismissal for economic reasons, the latter must provide a socialelement that can avoid or limit at least redundancy cases.Furthermore, the employer must, before each chapter, respect certainprocedures such as hearing the workers concerned in order to give them thepossibility of defending themselves or with a colleague of their choice.Referral to a committee is sometimes mandatory (the Business Council ofFrance and the Committee for Participation in Algeria).Finally, the dispute must be submitted to the labor inspector

إشراف وإعداد

الإشراف

عبدالحفيظ طاشور

الإعداد

الطاهر قرين

الاقتباسات الببليوغرافية