الغرامة التهديدية كضمانة لتنفيذ الأحكام القضائية القاضية بإعادة إدماج العامل في منصب عمله

Abstract EN

The penalty is a sum of money to be paid but, different from the compensation provided for in article 73bis/4of law No.

90/11.

The penalty goes through two main and complementary stages.

The first consists of the penalty.

As for the second, it is summed up in the liquidation of the penalty, so that the employee can request its liquidation or compensation in application of the general rules defined according to the two following factors: the prejudice factor which is put forward when the worker has suffered a loss of earning and the losses and, the factor of procrastination manifested by the employer.