التزام العامل بعدم منافسة المستخدم في التشريع الجزائري : (شرط عدم المنافسة في عقد العمل)‎

Abstract EN

The obligation of the worker not to compete with the employer is one of the consequences of the contract of employment, which entails reciprocal obligations for both parties.

This type of contract adheres to the principle of good faith because it is a consensual contract binding on both parties, and the general rule is that the contract is the law of the parties.

The parties to the contract of employment are entitled to set the conditions on which they have agreed, in the non-violation of public order and morality, and that the conditions are not contrary to the provisions of the Constitution, except those, which the we consider ourselves better rights than those established in accordance with the law.

Among these obligations, which may appear in the employment contract the noncompetition clause.

This is an obligation under article 07 of the Algerian Labor Code.

The obligation of non-competition is a negative obligation with an independent concept and its legal nature, and its breach entails civil liability, including contractual and tort, extending to a third party who is the new employer, depending on the nature of the obligation.