التكييف القانوني لعقد العمل عن بعد (التبعية في عقد العمل عن بعد)‎

Abstract EN

The telework contract is a modern form of work organization, through which the worker performs his work remotely outside the institution by means of media and communication technology for the benefit of the employer, which raises the problem of legal adaptation of this contract, and this is what this research aims to clarify.

As a result, the legal dependency criterion can be applied to adapt this contract, but taking into account its privacy, the powers of supervision, direction, and control exercised by the employer towards the worker can be done electronically from a distance, but with the need to respect his private life, and the criterion of economic dependence Although imprecise, it is fit to adapt this contract; As long as the teleworker devotes his effort and time to perform his work in return for a wage he receives from the employee, on which he depends for his livelihood.

The legal adaptation of the telework contract is subject to the authority of the judge, without being bound by the adaptations of the parties, or the choice of words, by balancing the various elements of reality to extract the element of dependence, and in this adaptation it is subject to the oversight of the Court of Cassation.