دعوى التكييف لعقود العمل محددة المدة : بين الفراغ التشريعي و الاجتهاد القضائي

Abstract EN

Whenever it is proven that the employee does not respect the provisions of Article 12 related to cases of resorting to concluding fixed-term work contracts, the legislator arranges for that to convert the contract into an indefinite-term work contract by what is called an adaptation lawsuit.

In front of the legislative vacuum, the ambiguity of texts, and the legal provisions regulating fixed-term work contracts, the Supreme Court frequently intervened either to explain the ambiguity of the texts, or to fill the great legislative vacuum registered in this field.

One manifestation of this is the adaptation lawsuit whereby the fixed-term work contract is converted into an unlimited-term contract as a result of the abuses recorded when resorting to the conclusion of such contracts as a result of the exploitation of the institutions using this mechanism.