إشكالية تحديد المستخدم المسؤول عن التصريح بالعمال في ظل علاقات العمل ثلاثية الأطراف

Abstract EN

The study aims to highlight the difficulties that prevent the possibility of identifying the responsible user at the level of tripartite work relations as a new model that resulted in flexibility requirements and the institutions' resort to techniques of task division between management and the use of manpower through temporary work institutions and sub-contracting institutions and movement at the level of the group of companies, and advocacy To update labor legislation to overcome these difficulties.

The study found that, in light of the necessities of competition and the requirements of flexibility, dependency cannot be relied upon in its classic sense in assuming control and supervision as a criterion for determining the responsible user, especially since working within the framework of these processes generates relationships that are not based on bilateral, but rather, tripartite working relations that are used as a cover for evasion.

One of the obligations is the tendency of labor as an incremental cost, which means that the concepts must be reconsidered and the concept of the work organization framework adopted as a new aspect of dependency.

Therefore, the study recommended the necessity of establishing a sound legal framework for the operations of sub-contracting and temporary work institutions, defining the rights of workers and the duties of the employee, as well as adopting the new concept of dependency by being satisfied with what can constitute a manifestation of this dependency, such as defining the framework for organizing work - in everything related to determining the workplace and the conditions for its implementation - In order to determine the user responsible for authorizing the activity with all the obligations that result from that.