الخطأ العمالي كمبرر للتسريح التأديبي

Abstract EN

The emergence and termination of the work relationship and the reasons for this, are among the issues that were interest with its regulation of labor legislation, as a kind of protection that is decided by the worker to limit the employer’s authority to use disciplinary power and excessive use of the discharge penalty that is sometimes inconsistent with the type of error that may be simple, and this violates the rights of workers and the stability of the labor relationship.

as a result of the inequality between the position of the employer who owns the employing enterprise and the weak party in the relationship, the Algerian legislator resorted in accordance with amended article 73 of Law No.

90-11 to define the types of serious errors, to unify disciplinary sanctions between all sectors that fall upon workers and, on the other hand, as a legal guarantee for the worker to continue in his position so that he is not subject to the arbitrary loss.

and the worker commits a labor errors during or on the occasion of work, which results in the penalty of disciplinary discharge, and in this study, we will try to identify cases of labors errors and their effects on the labor relationship.