حق العامل في الاستقالة في قانون العمل الجزائري : بين عدم الإكراه و التعسف : دراسة مقارنة

Abstract EN

The Algerian legislator cited the resignation as a case of breach of the employment contract in Article 66 of the Labor Relations Act no90-11, then clarified its provisions in Article 68 without giving its definition, leaving this task to doctrine and jurisprudence or even collective agreements, some of which guaranteed its definition, the worker's right to express his wish to resign is part of the social public order.

Through Article 68, the legislator has attempted to reconcile the conflicting interests of the two parties in the employment relationship, protecting the employee's interest by preserving his right to resign without being obliged to submit it on the one hand, without neglecting the interest of the employer on the other hand, by restricting the exercise of this right to avoid any arbitrariness which harms its interests.

The right of the worker to resign is not an olute right, there are legal restrictions that limit it.

The Algerian legislator has conditioned in article 68 of the law 90-11 for the validity of the resignation that the employee resigns in writing with an explicit will without any defect to make this act, and must not abuse, if this one is not legally obliged to justify his request for resignation, however he is obliged to respect the notice before leaving the company to avoid sudden and abrupt termination of the employment relationship.