الطبيعة القانونية لإجراء إثبات التمثيلية للمنظمة النقابية على ضوء القانون رقم 23-02 المتعلق بممارسة الحق النقابي

الملخص EN

Periodic sessions are held within workplaces to establish a stable work environment characterized by understanding, with the aim of opening discussions to address various problems and points of contention at the negotiation table.

however, sitting at the dialogue table, especially with representatives of the employing entity, requires a degree of wisdom, experience, and patience.

therefore, it is preferable in such situations for all workers to engage in representative organizations.

however, these organizations cannot carry out their legally assigned tasks unless they obtain recognition that acknowledges their representativeness.

this recognition falls under the jurisdiction of the labor inspector, who reviews the submitted file from the labor organization and ultimately has the discretionary power to declare whether the organization is representative.

however, the legislator has not clarified the nature of the document issued by the labor inspector and whether it can be challenged in a competent court.

this research aims to shed light on the value of this document, which is critical to the life of the labor organization, and to identify the judicial authority competent to adjudicate the matter if the labor organization believes that the labor inspector's assessment is incorrect.

we concluded at the end of the article that the document issued by the labor inspector qualifies as an administrative decision containing its essential elements, particularly when it affects rights and legal statuses, and can therefore be appealed before the administrative court of appeals in Algiers as the competent authority.