القانون الواجب التطبيق على عقد العمل الدولي في القانون الدولي الخاص الجزائري

الملخص EN

According to the general rule established in Article 18, paragraph 1, of the Algerian Civil Code, it stipulates that the law of will is applicable to the international contract, (law of will or the law chosen by the parties) but there are contracts that go beyond the scope of the application of the law of will due to its specificity, such as the international labor contract whose provisions are characterized by the protective nature of the weak party in the contractual relationship, As well as the orderly regulation of the issues of the labor relationship as it relates to the social public order.

This specificity that characterizes the international labor relationship has sparked a distinct jurisprudential debate and has multiplied judicial applications and legislative experiences regarding the law applicable to it.

Which requires that the Algerian legislator expressly and clearly define his position on the law applicable to the international labor contract in the light of the principles of private international law, jurisprudence and comparative legislative experiences, most of which unanimously agreed on the necessity of excluding general rules of conflict in the field of the international contract, and subjecting labor relations for a special reference system.

With regard to the international labor relationship concluded between the worker and the employer, the prevailing opinion settled on subjecting it to the law of the country of implementation, considering the rules of labor law as peremptory rules for their connection to the social public order, which is what judicial work has settled on by subjecting international labor contracts to the law of the country of implementation, so the exception of labor contracts came from The field of implementing the law of the will is a translation of the regional laws' control over this type of subject as the police and security laws due to the increasing interference of modern states in regulating the various aspects of economic life.