The principle of trade union freedom and the representativeness clause: compatibility or opposition?

Abstract EN

"Trade union representativeness" is a concept whose origins and roots are to be found in the standards of international labour law, set out in 1919.

this new concept was progressively imbued in the national legislations of the countries where trade union pluralism was established.

in Algeria, it was the cornerstone of the right to participate in social dialogue.

subsequently, the conditions and criteria on the basis of which the most representative professional organizations can be distinguished, at company, national or even international level, were decreed.

thus, the problematic of this study revolves around the legal nature of the clause of trade union representativeness enacted within the legislative provisions relating to the exercise of the trade union right in Algeria, in order to be able to discuss the constitutionality of this clause, as well as its impact on the free exercise of trade union right.