اقتران الخطأ المهني بالخطأ الجزائي كمبرر للتسريح التأديبي

Abstract EN

The disciplinary power of the employer is a natural result of his right to manage the work and protect his interests.

this is what entitles him the power to punish the worker.

the disciplinary penalization may reach the point of ending the work relationship owing to the seriousness of the act performed by the worker.

like other members of the society, the disciplinary penalization may reach the point of ending the work relationship owing to the seriousness of the act performed 143 by the worker.

like other members of the society, the worker is required to bear his responsibility for his actions, whether inside or outside the institution.

especially if this act is criminalized under the law, and this exposes him to penal follow-up.

therefore, the worker may be subject to double prosecution because the act he has committed is punishable by both the criminal law and the disciplinary law at the same time.

this leads to presenting the same incident to the penal judge within the framework of the public lawsuit, and to the social judge within the framework of individual action