وضعية عقود العمل أثناء إدارة التفليسة و بعد انتهائها

الملخص EN

In the case of the employer's bankruptcy, the latter shall be dismissed from the management of his funds, and shall be appointed by someone known as a bankruptcy agent to manage the bankrupt debtor's funds, for whom the law assigns particular tasks; among the tasks entrusted to the latter is to collect the debtor's money from the debtors, and pay the debts he has.

It should be pointed out that the employees who hold a valid employment contract during the bankruptcy month are considered as excellent debtors toward the bankrupt debtor employer.

However, what should be pointed out is that the employment contracts do not expire in the bankruptcy month of the bankrupt debtors, but they expire when the bankruptcy agent decides that the interest of the employees and the interest of the employer in their dissmisal, as the employment contracts remain, where the bankruptcy agent can be concidered as a new employee according to article 74 of Act 90-11.

The objectives of this study are to clarify the general opinion in general, and the workers and the user in particular the rights they enjoy in this case and the duties incumbent upon them, and follow the analytical approach to study this topic.