خصوصية عقد الاستخدام البحري

Abstract EN

Seafarer agreement, like any other labour contracts, is submitted to the Algerian labour law of the 21rst of April 1990.

The main feature of this agreement lies in the many rules which apply to it and are not found in the others work contracts.

It is more suitable to say « contract of engagement « rather than « labour contract « because the duty of the seafarer is not limited to the work he is supposed to do on the ship and for which he was engaged but he engages his own person.

This obligation is different from that is upon other workers because the seafarer must dedicate his time to the ship, and to save her from any danger and also prevent any damage to people and goods carried on the ship.

On the other hand work at sea is dangerous, that's why the relation between seafarer and the ownership and the captain is particular and for this reason it is governed by additional rules that cannot be find in a normal work relationship.

Many of these rules has been incorporated in national and international laws.

The purpose of this paper is to show, throw these laws, the specificity of this contract.