مقتضيات حماية الطرف الضعيف في عقد العمل : دراسة في ظل المتغيرات الاجتماعية و الاقتصادية

الملخص EN

As summary of this study we observe that the relationship or employment contract, regardless of its name, reflects the perception and the visualization that prevails in the legislative system in the country; with the help of the views jurisprudence to determine the margin available to each of the contractual and regulatory dimensions in this contract and search the fact that if here is this freedom in the context of a relationship, between the boss worker economically strong and weak worker Moreover this subject raises a questions of new and old crisis in the autonomy of the will in the contract , in order not to turn on troubles, we had to be balanced between the legislator in the relationship between the interests of the two parties , as result to identifying the intended weak contractual and his manifestations, and then intervene to restore order to the lost balance;the exigencies of objectivity oblige that the legislature must stands a moderate position, and this is the desired goal of his involvement in these contracts, and to develop and enact laws.