|dc.description.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
Etymological, the employer is the boss of the thing or the thing that is
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
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||fr_FR