سلطة صاحب العمل في التسريح لسبب اقتصادي

Abstract

This research focuses on the strength of the employer in terms of repetition, but before we start the subject, it is necessary to explain what the strength of the employer. Etymological, the employer is the boss of the thing or the thing that is working? From a legal point of view, the employer is a party to the employment relationship, and in this respect the other party - who is paid - is used to perform work on his or her own account. An employer may be a natural person or legal person governed by public or private law, but this does not change his definition. The employment relationship is subject to the employment contract. They are usually concluded for an indefinite period of time, but sometimes the employer uses the fixed-term contract for temporary or limited work. The employment relationship ends with the termination of the employment contract for economic reasons. These economic causes are numerous and varied. When established, they result in the dismissal of the worker, but the power to dismiss the employer is not absolute and is restricted by legal mechanisms and procedures, including the prior administrative authorization of the employer. Labor inspection in case of dismissal for economic reasons. This permission was for a long time an essential tool imposed on the employer both in comparative law and in Algerian law. Since the appearance of this type of separation in France, at the level of administrative justice on the application of Ordinance 26 and 1945, this authorization remained mandatory in subsequent texts, particularly those issued in 1973 and abolished only in 1986. In Algeria, this authorization was also mandatory even after the repeal of French legislation in 1975, the 1990 labor relations texts were finally abolished. In addition to the pre-censorship exercised on the employer's ability to dismiss workers for economic reasons, there is also judicial control by the judge of the seriousness and reality ofthe economic case of dismissal. This can take various forms, such as corporate restructuring, privatization and job cuts. Part of the doctrine also cites force majeure as an economic reason for dismissal because of partial closure or from the institution. The judge's background control may invalidate the decision to dismiss and re-appoint the worker in the event of misuse of the employer, whether due to lack of real or serious cause or non-compliance. Among the legal procedures to be followed by the employer before resorting to dismissal for economic reasons, the latter must provide a social element that can avoid or limit at least redundancy cases. Furthermore, the employer must, before each chapter, respect certain procedures such as hearing the workers concerned in order to give them the possibility of defending themselves or with a colleague of their choice. Referral to a committee is sometimes mandatory (the Business Council of France and the Committee for Participation in Algeria). Finally, the dispute must be submitted to the labor inspector