تغيير الوضعية القانونية لصاحب العمل و أثره على العقد في التشريع الجزائري و القانون المقارن

الملخص EN

This study aims to address the legal status of the employer in Algerian and comparative law in conceptuallevel, and its implications, and to clarify the position of the Algerian and comparativecase law, as well as to study the extent of application of both the rule of contract Sharia law of contractors and the principle of relativity The two contracts mentioned in the civil law in the case of changing the legal status of the employer, and the search for the civil official in the event of breaching the obligations towards the workers.

In the end it was concluded that the obligations of the old employer towards the workers are transferred without modification to the new employer towards them so that the civil liability will be a solidarity between them, but with the fulfillment of conditions represented in that there is a change in the legal status of the employer, and there is a succession between each of them.

The old employer and the new employer while maintaining the same activity, in addition to the existence of a valid work contract at the time of the change, and it is also reached that the contract may not be amended with the agreement of the two parties or by their individual will, as it is a peremptory rule that it is not permissible to agree on violating it, unless this is The adjustment is more beneficial to workers.