الغرامة التهديدية في الأحكام الاجتماعية القاضية بالإدماج وفقا للاجتهاد القضائي الجزائري

Abstract EN

A threatening fine is a means by which the lawgrants the right holder to demandthat the court compel the convicted person the right to expedite the process of in-kind implementation where possible in a certain period.

Therefore, the threat penalty isconsidered a guarantee for the implementation of judicialdecisions.

Compensation ", while the irrole in the social provisions for reintegrationis to induce the employer or the body used as the case and to compelhim to implement the provision of reinsertion, whichis the weak party in most cases in his position of employment.

According to the provisions of articles 174 of the Civil Code, 625, 980 to 986 of the Code of Administrative Civil Procedure, the social judge can not judge them after the worker's claim unless the latter proves that the body used to implement the reintegration judgment has failed under the non-compliance record, And that in-kind implementation isstill possible ,As for the position of the Algerian judiciary on its application, itis not stable until now on a single position, both in terms of the date of the beginning of the validity of the threat, the date of its end, or the manner of itsassessment, which necessitates the legislator's intervention to enactprecise provisions in this regard and to standardize the position of the judiciary regarding the adoption of the collection method The actualamount of the fine shall bemultiplied by the amount of the fine in the number of days delayed and avoided the general estimation method, reflecting the principle of the independence of the amount of liquidation from compensation in order to activate the role of the threatening fine as a means of implementation in kind.