نظام الأجور و المرتبات في التشريع الجزائري.

Abstract

Our study dealt with the subject of the remuneration and wages system in Algerian legislation, a subject which has been raised and which is still the subject of numerous conflicts between workers and employers, and has threatened and still threatens the stability of relations between two parties and that even in the public sector, the fact that the public servant is after all a worker of the State, and the fact that the salary which he receives from it is the remuneration of this employee, which must be satisfactory for him. But it was not so, as long as the employee does not find it fair, and the comparison in this sense does not complicate it between his remuneration and the remuneration of civil servants in the same sector only, but also complicates it between his salary and the wages of other workers in the economic sector as well, so that the legislator was obliged to lay down the legal rules to achieve this two types of justice, internal justice between the wages of employees in a single sector, and external justice between the wages and salaries of the two sectors, he tried to obtain the first by means of a job classification system based on academic qualification with all its drawbacks and contradictions, when he was unable to reach the second and then the State was obliged to use the same method used in the economic sector to determine remuneration, which is the collective bargaining method despite its incompatibility with the principles of public employment, and transfer the agreements on the legal and regulatory texts. The question does not differ with regard to all the additions of the remuneration that we have divided into a motivating remuneration which includes incentive bonuses for performance and social wages, which include bonuses provided for social considerations, all of which have widened the pay gap between the two sectors due to their rigidity in the public employment sector compared to their flexibility and liberalization in the economic sector, And also due to the loss of the public sector of social benefits in priority, by generalizing it to all age groups, whatever their sector of activity, all this forces us to say that Algerian legislation with all the rules that she followed in the area of wages and salaries has not been able to achieve internal and external justice, and that she must monitor and adapt its provisions in order to be able to respond to the many challenges posed by the subject of wages and remuneration.