الأحكام القانونية للجمع بين عقد العمل و عضوية مجالس شركة المساهمة في التشريع الجزائري

الملخص EN

The Algerian commercial law allows members of the councils of a joint-stock company, whether the council of administration, the council of directors or the supervisory council, to combine their membership in the council and conclude an employment contract with the company.

That is, he is an employee of the company and at the same time a member of one of its councils.

This situation may result in a conflict of interest.

For this reason, this research aims to clarify the legal provisions for this combination, by defining the scope of application of these provisions and the conditions necessary for their validity.

The study concluded the necessity to reconsider the provisions of combining the membership of the board and the work contract, in order to be compatible with the rules of governance of joint stock companies.