البعد التعاقدي في علاقات العمل في التشريع الجزائري

الملخص EN

Thinking of getting a job has existed from the first beginning of human being, and blossomed over the historical evolution of this latter.

Working relationships emerged and developed from the beginning of the modern era, under common law, based on the principle of autonomy of the will.

However, the industrial revolution which favored the mechanization, at the expense of manual force, caused a certain contractual imbalance for the benefit of the employers, by imposing, more and more, unfair conditions at work.

This made it necessary for the legislators to intervene, under pressure from various factors, to adapt these reports to the rules of public order, and consequently, protect workers as a weaker party.

In Algeria, the organization of work relationships, has materialized in two phases: the first from 1962 to 1989, has been characterized by the implementation of the system of regulations, which consisted of a broad framing of these reports by the State, particularly through Law N°78-12 (12/08/1978), inspired by socialist ideology.

The second phase, In progress, refers to the contractual regime and allows the disengagement of the State, giving the parties the ability to freely negotiate their contracts, subject to the application of the provisions of the public policy, established since 1989.

We are devoting this study to the second phase, while specifying the manner in which the Algerian legislator has opted for the principle of freedom of contract in individual and collective labor relations, and the limits thus established with regard to public order, both civil and social protector.