الضمانات القانونية المقررة للعامل عن التسريح التأديبي في القانون الجزائري

الملخص EN

Conflict in labour relations is inevitable, and therefor we find that Algerian law, like all other legal systems, contains an arsenal and a legal system to prevent and settle disputes, Due to the sensitivity of labor disputes, the legislator has set of procedures to protect the parties to labor a relationship, especially the weak party, which is the factor he only has the effort to perform his work compared to the employer who owns the means of production.

This study elucidates the conditions, procedures and safeguards contained in the labor law if the employer exercises his disciplinary authority against the worker.

It is not enough that there is a breach or reason for the dismissal of the worker.

Rather, a number of procedures must be followed for disciplinary discharge, otherwise such discharge would be considerd as arbitary.

This study concluded that legal texts and their applications are not effective in achieving a balance between two really contradictory interests, namely the interests of the employer and the interest of the worker.