اجتماع صفة العامل الأجير مع صفة المسير في الشركة ذات المسؤولية المحدودة في القانون الجزائري : دراسة مقارنة

الملخص EN

In Algeria, the function of management at the limited liability company can be existed with the waged function, unless it has prohibited expressly by the statutes; the work contract may be prior, synchronous or subsequent to the appointing contract of a 'manager'.

Therefore, the study aims to examine the several substantive and formal conditions that have to be meet for the validity of existance the waged function and the function of management in the above-mentioned company.

Firstly, the work contract must correspond to a real job.

The technical fuctions of work contract have to be the subject of a wages distincts from the remuneration of a company manager jobs.

In addition, a 'wage earner's' woud be submit to the relationship of subordination to the company.

In particular, a wage earner's enjoys all the rights and privileges of the work contract; and it assumes a legal and regulatory obligations.

Thus, he has the legal tools to protect his social rights against the company.