تقدير الكفاية التشريعية في توفير السلامة المهنية للعامل إزاء جائحة كورونا

Abstract EN

The Corona pandemic has had its impact on the field of law in general as a social phenomenon, and on the field of contracts in particular, especially employment contracts, and this impact has been evident on the obligations that arrange this type of contracts, the most important of which is the obligation of the user to guarantee the worker the right to protection from diseases, epidemics and various dangers that it is possible to stare at him, and in this regard, we find that the legislator has mentioned a set of control measures that ensure the activation of this protection, and has arranged responsibility for it in the event of a breach of it, but despite the great importance of this commitment, which was approved by many legal texts and sought to activate it in the system in the Algerian legal system, we find many shortcomings surrounding its implementation, which necessitated the development of new and numerous mechanisms and protocols that support it to confront this pandemic, which in turn has created great debates among jurisprudence about the extent to which it is considered a force majeure or an emergency circumstance, and what it has arranged for that in terms of the results are of paramount importance to the employment contract.