ضوابط ممارسة الحق النقابي في الجزائر : بين التنظيم و التقييد

Abstract EN

conditions to regulate and control the exercise of the union right in Algeria, in light of the union pluralism established under the provisions of the Algerian Constitution of 1989, and Law No.: 90-14 of 1990, related to determining the modalities of exercising the union right (amended and supplemented), as well as the law No.: 06- 22 of 2022, which introduced new provisions in this regard.

This study raises the following main problem: What is the position of the trade union practice controls currently adopted in Algerian laws between actual freedom and obstruction of union activity? Is the latter adapted as a requirement of regulatory restriction or is it an output of arbitrary restriction? So, the study reached a basic conclusion that the Algerian legislator’s position fluctuated in determining the controls of the exercise of the union right between two variables: regulation and restriction at the same time, and that this is justified by the recent experience of union pluralism, as well as a number of influences related to the political, security, and economic conditions.

And the social and social conditions experienced by the country during the first decade that followed the promulgation of the trade union law in Algeria