النظام القانوني للاستقالة : دراسة في التشريع الوظيفي الجزائري

الملخص EN

The resignation of a staff member derives from the rules of functional legislation similar to the right to join a public office.

To the extent that it is necessary to join the public service, the employee and the administration concerned agree to resign.

The resignation also implies that the employee expresses his express desire to leave his job by written request.

Except after the express consent of the concerned administration because they terminate the relationship function between them, and this end the other effects that were the result of that relationship avoids the employee from all his professional duties and does not benefit from any right in the face of the administration.

The fact that the legislator organized the issue of resignation reflected a case of separation and did not provide for its provisions in the section on guarantees, rights and duties.

Algerian legislation was adopted by the request and approval officer, although the latter were considered formal in view of the deadlines for the administration in responding to the request for resignation.

The legislative rules required the administration concerned to respond even in the case of absolute necessity.

All this to protect the right of the employee to resign and to prevent the arbitrariness of the administration in not fulfilling this right derived from a constitutional right based on the freedom to work as well as not denied access to the post again.

On the other hand, the legislation guarantees the good conduct of the public utility by means of the deadlines granted either in the normal case or in the case of extreme necessity, where the time limit granted to the administration is limited to two times as compared to the first period in the normal situation, this granting the employee the right to waive the request for resignation.

On view of the negative impact that the unilateral declaration of desire on the public utility may have on its continuity and regularity, the legislator has combined the will to leave the post and the time limits for doing so within the framework of controls governing the process of resignation in a balanced manner.