ميعاد التقاضي أمام القسم الاجتماعي : قراءة في نص المادة 504 من قانون الإجراءات المدنية و الإدارية

Abstract EN

The social section is concerned by the settlement of labor disputes specified in article 500 of the CPCA, and engage in legal proceedings submitted to it are subject to the general rules of the law on civil and administrative procedures with the exception of certain special conditions for accepting the action such as the deadline condition, a condition created by the text of article 504 of the new law of civil procedure n ° 08.

-09, which stipulates that the filing of the file with the social section must be done within a period not exceeding six (6) months from the date of delivery of the file of non-conciliation on pain of forfeiture of the right to engage in legal action.

The deadline imposed by the text of article 504 of the C.

P.

C.

A.

represents a legislative restriction on public order, which results in the inadmissibility of the action and the loss of the right to take legal action, however its scope is limited to individual labor disputes which are the subject of prior reconciliation before the reconciliation office, without other labor disputes which subject to a special deadline and which is not intrinsically subject to any deadline.