Les pouvoirs de l’employeur et la question de l’absolutisme

Abstract EN

The operator’s assumption of the task of leading his company depends on his possession of a set of powers conferred upon him by law and which are unique to him from within or from outside the company.

Perhaps the most important of these powers that are unique to operator during his leadership of his company, is the disciplinary authority that gives him the right to take all decisions of a disciplinary nature against every employee whose right to commit a specific error, regardless of the nature of this error, as well as the regulatory authority that grants the operator the possibility of enacting a set of professional rules that regulate the company and ensure its good functioning.

In this regard, the sole owner of the operator with these powers is based mainly on his possession of all the financial rights invested in the contracting, which makes his powers absolute, but the law assumes the responsibility of maintaining the rights of the wage-earners by stipulating a set of protective rules that aim to protect the wage-earner from any abuse of the right that may affect him.