مدى إخلال ألية المصالحة الاجبارية في منازعات العمل الفردية بحق التقاضي

Abstract EN

Accompanying his counterparts at the comparative level, The Algerian legislator introduced alternative mechanisms of resolving disputes, including the mechanism of reconciliation in individual disputes to work under Law 90-04 of 06/11/1990, amended and supplemented by Law No.

91-28 of 21/12/1991 on resolving individual disputes at work.

However, the legislator in Article 19 of this law made reconciliation mandatory for both of the parties of the labor dispute before they initiate any legal action, and not having recourse to the mechanism and resorting directly to the judiciary results to the acceptance of the case.

It seems clear that the text of Article 19 of this law came in contradiction with the text of Article 158, Constitution of 2016, which explicitly recognized the right of litigation, and made it accessible to all with no chains.

In view of the foregoing, how can we reject or not accept lawsuits that individuals have the right to bring directly in pursuance of the right to adjudicate before courts dealing with social matters, does this not constitute an explicit restriction on Individuals' practice of their inherent constitutional right of litigation? In this context, this study aims to address this inconsistency and to determine the limits of the effect of compulsory recourse to the reconciliation offices in individual disputes to pursue on going for the right of litigation, as well as to highlight the criterion established by the comparative constitutional judiciary to violate this right.