دراسة تحليلية لمضمون المادة 73 من قانون العمل الجزائري

Abstract EN

Algerian legislature opinion on the identification of gross errors has settled within the approved text of Article 73 of the Algerian Labor Law which requires the remembrance of gross errors is that the difference appeared in the extent of the selection and the circumstances surrounding the amendment leading to a difference in the views of jurisprudence in turn led to a difference in judicial decisions issued by the Supreme Court as a result of the difference that has resulted over the interpretation of the content of Article 73.

However, scrutiny of the content of the text of Article 73 and inferred by the reality of the committed acts, generally including that constitute serious errors and the characteristics and functions of both the legislation and the agreement makes identification legislation for serious errors precisely extremely difficult for the fact that it is practically a matter of unrealistic because of the limited text and renewed committed acts that can be described as serious mistakes As well as the circumstances surrounding the amendment and was accompanied by a user of the monopoly status of serious errors and appropriate sanctions, In economic terms is a violation of the contractual system in addition to the power of the Sultan will, where we can say that the legislator determined common grave mistakes , trying to show its monopolized selection.

And leave Bylaw, the magnitude of the flexible and realistic in identifying other serious errors that can vary from activity to activity and from institution to another and from one employee to another and from one case to another according to the application of the standard normal behavior.