انتشار جائحة كورونا و نظام البطالة الجزئية

الملخص EN

The prevalence of the coronavirus pandemic and the partial unemployment system".

The appearance of the COVID-19 pandemic since December 2019 has forced the World Health Organization (WHO) to declare on January 30, 2020, an international public health emergency (USPPI) due to the outbreak reports of human-to-human transmission in all parts of the world, accordingly WHO has classified COVID-19 as a pandemic on March 11, 2020.

To contain the repercussions of the pandemic outbreak, many measures and procedures have been launched and implemented, they aim in their entirety to prevent COVID-19, moreover some states have even adopted the theory of Force Majeure in due to the unexpected dizzying rate of transmission without human implication and in this context, these countries decided the exemption from performance of the obligations which have become impossible to perform.

While other states which have adopted the theory of the incident event, have judged the occurrence of the epidemic subsequent to the constitution of the contract and unforeseen at the time of the conclusion, it has thereby generated certain disparities in terms of benefits resulting from the contract so that the execution of the contract involves a heavy burden hands but not impossible.

Other states have refrained from declaring the nature of the circumstance event and, on the other hand, have undertaken to execute jointly or separately the effects generated by the two said circumstances because of the temporary total or partial closure of both public and private companies without resorting to the lay of workers.

In this context, the Algerian legislator has taken a set of measures and provisions in order to contain beforehand the consequences of the spread of the pandemic, he therefore imposed various actions aimed at preventing the spread of the epidemic and countering it, others additional accompanying measures were also decided, the legislator took also new measures and initiatives relating to the application of confinement to other departments.

Finally, this legislator imposed renewal of the prevention system against the spread of the epidemic until May 14, 2020.

As a result, thousands of workers found themselves face partial unemployment and forced to comply with confinement measures and to observe pandemic prevention measures under administrative penalties and legal proceedings.

As this situation affected the working relationship, it linked the facts, posed the problem of the need to determine the nature of the reason and the circumstance between force majeure and the incident event provided for in the Algerian civil code, in order to define the responsibility resulting from these measures and the extensions on labor relations.