خصوصية عقد العمل تحت التجربة في قانون العمل الجزائري

Abstract EN

The trial period is necessary for both parties (the employer and the employee), it allows one side to the employer to assess and test the skills of the "new" employee in his "new" position.

On the other hand, the employee judges during this period the operation of the company to decide if it suits him.

The special legal nature of the employment contract during the probationary period prompted the legislator to make special provisions that had a profound impact on the worker's legal status during this period.

The probation period thus constitutes a first phase of the employment contract, it is not mandatory and must, to exist, be provided for in the employment contract or the collective agreement.

The maximum duration of this period is fixed by the Labor Code, the collective agreements or the contract of employment.

It is defined as "the period during which each of the parties may voluntarily terminate the employment contract without notice or compensation".

In this spirit, we have tried to answer the following problem: does the legal status of the worker on probation guarantee him adequate protection against the arbitrariness of the employer? .