اتفاقية العمل الجماعية في التشريع الجزائري

Abstract

The collective labour agreement is considered as an essential source of modern labour Law. Its importance has increased ,and its place as a significant tool to regulate individual and collective labour relations in many countries, especially in states adopting market economy system, has developed after proving its success in assuring better terms and conditions of employment, setting more rights and privileges to workers which exceeded those minimum limits provided in the legislation, and that will contribute to the promotion of levels of labour and rises the living standards of workers , and achieves social peace. Having such place, this research aims to demonstrate and analyze the collective labour agreement as a main mechanism for regulating employment and labour terms and conditions which has found a place in the Algerian law in force, and became a primary source of this law. In this context, this research is not restricted to showing the legal framework that governs the exercise of its regulatory function. From the legal framework side, Algerian has, since the adoption of the constitution of 23 February 1989, witnessed significant political, economic and social mutations that have led to put an end to the socialist experiment, and have moved the country to a market economy in a liberal orientation. Indeed, those various mutations have gone hand in hand with the establishment of a suitable juridical framework which regulates individual and collective labour relations in accordance with those mutations. Furthermore, perhaps the most important feature of the new regulatory mechanisms of the labour relations under the social laws issued in 1990 was the adoption of the collective labour agreement as a main mechanism that regulates most of the detailed and practical matters concerning conditions of work and employment. The law number 90/11 dated on April 21 1990 Concerning individual labour relations, is considered as the primary and direct source of the regime of the collective labour agreement. It includes specifically how to ensure the conclusion of the agreement, its substantive conditions related to its parties, and its content which is governed by the parties freedom, taking into account the set our limits and standards, in addition to its formal conditions necessary to entry into force of its provisions and provisions related to its implementation scope, duration and the effect of its provisions breach, and methods of its amendment and termination as well as its dispute settlement provisions. From the practical side, the collective labour agreement was put into force since the issuance of its prescribed laws. It has reflected the willing and desire of the social partners to create the labour law convention on different levels, at the enterprise ,sector or activity , and considered numerous issues related to collective and individual labour relations, whether in deals with labour conditions ,among which are the conditions and method of getting a job, or the methods and conditions related to how and safeguard work opportunities ,or the labour conditions and the improvement of wages ,compensations , work and vacation duration as well as the promotion of safety, health, social security and social welfare. In addition to what it has been said above, the collective labour agreement has not neglected the regulation of an important aspect related to all workers and employers and by the way state, that is to say its role in the settlement of stability and social peace which is not the concern of the agreement parties only Finally, we conclude that the regulation of labour and employment conditions by the collective labour agreement appears to be limited in respect of the content

of the addition that is expected from its exercise and practice of this regulatory function. As a final point, the draft and conclusion of law through labour agreement will note pave the way to an effective and useful practice unless the social partners acquire a conventional regulation culture that manage labour relations in a professional or regional scope, provided that the collective negotiation be on the basis of attributes and privileges provided by the sector, profession or the institution of imitate and repeat the rights and advantages which are garanteed by the law without any Improvement or development.