Dissertations / Theses on the topic 'Droit du travail – Algérie'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Droit du travail – Algérie.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Koriche, Mahammed Nasr-Eddine. "Transformations du droit algérien du travail : entre statut et contrat." Bordeaux 4, 2008. http://www.theses.fr/2008BOR40014.
Full textThe formal renewal of the colonial legislation, after the independence of Algeria did not prevent an important transformation of the Algerian labour law. Indeed, the assertion of the socialist option gradually made of the law the exclusive tool of supervision of the working relations. This phenomenon knew its highlight with the adoption in 1978 of a law relative to the general Status of worker, common to the employees and to the agents of the State. The hegemony of the normative action of the state is by consequence total. With the abandonment of socialism, a new reform of Labour Law is engaged in 1990. In spite of the libéral offensive, the new transformation which begins is marked by the remarkable obstinacy of the heteronomy and a relative, but nervertheless significant contractualization of the legal frame of the relations of employment and work. In the field on the work conditions, the State standards at the time of unique Status are widely seen out to guarantee health and safety at work as welle as to limit and distribute working hours. On the other hand, as regards payments and in the field of discipline, the liberal reform results in a wide deregulation. This day the reform does not seem finished. The law continues to benefit from the favour of the public authorities. It is however doubtless that we have passed from the exclusive appeal to the law for the determination of the conditions of employment, work and payment, to the possibility of intervention, in an uneven way according to the subjects, to the individual contracts as welle as afreements and collective agrrements
Charfi, Mohammed. "Les altérations de la relation individuelle de travail en droit algérien comparé." Perpignan, 2008. http://www.theses.fr/2008PERP0894.
Full textAbdessemed, Salim. "Le droit disciplinaire algérien." Paris 10, 1988. http://www.theses.fr/1988PA100038.
Full textThis thesis concerns a preliminary chapter about the evolution of disciplinary power to a disciplinary law in Algeria and three parts. The first concerning the fault as foundation of disciplinary action, the determination of the faults with regard to obligation of the worker, the classification in Algerian law and employers powers in matter of crimination and qualification of faults and their limits. The second part, studies the summary punishment especially their definition, their classification in Algerian law, the principles applicable to a summary punishment and the choice of punishment by the employer and their bounds. The third part studies the disciplinary procedure especially the disciplinary guarantees, the equal organs of discipline and their list, the disciplinary decisions and the appeal ways versus these decisions. This thesis concerns the study of Algerian disciplinary law in the public office, the public sector and private sector
Serour, Mohamed. "Le lien de travail en droit algérien." Dijon, 1986. http://www.theses.fr/1986DIJO0007.
Full textBOUALI, BOUMEDIENE. "Le secteur de l'industrie des hydrocarbures en algerie : statut general du travailleur? autonomie des entreprises, et motivation du personnel." Paris, CNAM, 1997. http://www.theses.fr/1997CNAM0277.
Full textIn algeria, the shift from a centralized and planned economy to a free-market system involving selfgovernment policy has been experiencing its transient stage since 1988. In this field, the human resource function stands for the central parameter of the analysis of this dissertation. Within this function, the analysis deals particularly with the variable motivation at work. As an additional part, an on-site survey has been conducted within a set of sixteen hydrocarbon firms. The question here is to find out the necessary means to conciliate the set of the social and political system parameters, with the management policy of the state-owned enterprise. Hence, the statement of the problem subtending this work : "following the failure of the current centralized system of the management of the human resources function variables - developing within + rigid system of a planned economy - in using this function as an economical lever to strengthen the efficiency of the state-owned firm in general and especially the hydrocarbons industrie's units , more particularly through the socialist organization of the enterprise and the algerian labor code (s. G. T. ), how and to what extent the new economical reforms of autonomy, once integrated within a still centralized and unified framework, could put that reinforcement in, concrete form ?" the analysis has been conducted towards three directions : (1) the management systems of the algerian state-owned enterprise since the independance, (2) the development of the hydrocarbons sector in algeria, and (3) the industrial psychology theories and the analysis of their concepts with regard to personnel motivation within that sector. The stimuli will be essentially traced within the firm's management policy. In this analysis, the skinnerian environment will be essential. Finally, this work tries to define the requirements for conciliating the current situation with the liabilities related to thirty years of centralized human resources management (1966-1996)
Bentoumi, Mohammed. "Le droit de l'investissement étranger et le droit au développement." Nice, 2005. http://www.theses.fr/2005NICE0037.
Full textAbrous, Dahbia. "L'honneur face au travail des femmes en Algérie." Aix-Marseille 1, 1989. http://www.theses.fr/1985AIX1XXX6.
Full textChentouf, Leila. "Incitations et organisation du travail : étude de cas : l'économie algérienne." Paris 10, 2001. http://www.theses.fr/2001PA100179.
Full textIn spite of economic reform programs Algerian companies did not achieve a productivity improvement. Among others, this is a consequence of a complete lack of considerations for labor relations that barely evolved since the sixties. Starting with this observation, the thesis focuses on the incentive factors that allow increasing the work productivity of the Algerian labor force. This implies the analysis of an alternative incentive policy. However, an incentive change has to take place in accordance with the firm's organizational logic. We therefore have analyzed this interdependency between the firm's organization and its incentives using a theoretical model, justified by studying some stylized facts of firms in Germany, Japan, Sweden and the USA. We examined the workers' expectations with respect to the firm's incentives in an Algerian company (GL2Z) and the incentive policy in a company partly owned by foreign investors (Hélios). The first empirical result reflects the innovative policy (within the Algerian context) of Hélios with respect to its work organization and its incentive policy. As for the second, it reflects the willingness shown by GL2Z workers to improve the internal functioning of their company and the work relations between the various constituents of the staff. Having seized the incentive factors of GL2Z workers, we examined alternative organizational and incentive policies aimed at improving GL2Z's labor productivity. The thesis recalls, however, the institutional factors that are able to favor the preservation of traditional work relations caused by economic and political reasons, preventing the adoption of an alternative incentive policy
Khalfoune, Tahar. "La domanialité publique à l'épreuve du droit algérien." Lyon 3, 2003. http://www.theses.fr/2003LYO33038.
Full textZiraoui, Mabrouka. "L'application du droit conventionnel par le juge algérien." Paris 10, 1985. http://www.theses.fr/1985PA100196.
Full textDurlach-Vallerin, Émilie. "Droit à l'emploi et droit du travail." Paris 10, 2006. http://www.theses.fr/2006PA100123.
Full textIn France since the nineteenth century, right to work has progressively asserted itself as a counterpoint to freedom of work. Generally conceived exclusively as a social right, that is as a right to something, it is often despised as largely unrealistic. Thus right to work is mainly considered as having no real judiciary effect. Yet, precisely because work is not a good, this reading shall be reviewed. As a matter of fact, German theories over fundamental rights effects allow us to propose a new analysis/reading of the effects of the French 1946 Constitution Preamble on labour law. It thus appears that this right to work has several effects on French labour law. It can therefore be understood as much as a right for human beings to benefit from protection of law against subordination than as a right to access to work. Furthermore, both tendencies are equally influencing jurisprudence and leading towards transformations of French labour law
Letombe, Élodie. "L'abus de droit en droit du travail." Lille 2, 2007. http://www.theses.fr/2007LIL20022.
Full textDespite the absence of a specific, commonly-agreed definition, the term « abuse of process » has acquired a significant place in the French legal system and in its several divisions. The term is often used in the labour law, a highly distinct and singular academic discipline. The latter is a result of the link of subordination that is created by the employement contract, which de facto establishes a relationship characterised by its authority and inequality. The heart of the matter therefore lies in the complex appreciation of the relationship between the labour law and this notion of abuse of process. It is indeed a tool that takes an essential part in the very edification and identity of the subject. Abuse of process thus appears as a dynamic notion, capable of evolving, and which is based on the intrinsic distinctive features of the employer-employee relationship. This characteristic enables us to pinpoint the various elements that make up the definition of the term. In legal law, the abuse of process is a legal standard whose indeterminate content reveals its malleability and pliability. These qualities encourage a well-tailored and finalised use of the notion. Its indeterminate content is then determinable by the identification of its very function in the labour law
Belarbi, Houari. "L'enfant né hors mariage et le droit algérien." Lyon 3, 2002. http://www.theses.fr/2002LYO33005.
Full textSahri, Fadila. "L'application du droit des sociétés aux entreprises socialistes à caractère économique en Algérie." Paris 10, 1987. http://www.theses.fr/1987PA100128.
Full textThis thesis treats the application of company and private law to the socialist companies in Algeria. The different prevailing structures have been unified by the "statute of public enterprises act", passed in 1971. Yet, through the socialist management of enterprise laws, references are made to the company law, in the matters of fiscality, accountancy, etc. . . We would like to try to measure the borrowing degree, made by the socialist enterprises from company laws. For this purpose, we have worked out a tripartite framework in which we have proceeded to state the degrees of application of the company law in general and the private law in particular. This plan enabled us to deal with three chronological phases: the formation, the organization and the management of the economic socialist enterprises. Throughout this study, we have noted that the socialist enterprises move away from company law relating to the mode of formation (of private enterprises), insomach as this kind of enterprise is settled autonomously and neglects contractual logic (it is to be noted that, the company law in Algeria does not recognize single-person companies). The organization of the socialist enterprise under state of G. S. E. Is neither not covered by the company law. The management of these enterprises is essentially the subject of the private law. But considerable state pressures exerted on the management of the public enterprise do not favour their out-put and efficiency which are one of the proposed aims. However, the present reversal in favour of the autonomy of the enterprises and their productivity, tend to give rise to the bringing together the logic of the public enterprise functioning and the criteria of private enterprise management
Rachedi, Guermia. "Satuts juridiques des établissements scolaires en Algérie." Perpignan, 2009. http://www.theses.fr/2009PERP0887.
Full textReguig, Mohammed. "Le commissaire aux comptes en droit algérien." Perpignan, 2009. http://www.theses.fr/2009PERP0994.
Full textNasroune-Nouar, Ourdia. "Le contrôle de l'exécution des sanctions pénales en droit algérien." Paris 1, 1988. http://www.theses.fr/1988PA010258.
Full textHamrouchi, Noureddine. "Le droit algérien entre créativité et mimétisme." Nice, 1990. http://www.theses.fr/1990NICE0017.
Full textBenamrouche, Amar. "Conflits de travail et conflits politiques en Algérie : 1962-1992." Paris, Institut d'études politiques, 1998. http://www.theses.fr/1998IEPP0023.
Full textThe study of the relationship between labour and political conflicts is, in effect merely the observation of particular instances of collective action where the social and political spheres interact. In Algeria, the study of this issue over the thirty years following independence (1962-1992) enables us to distinguish between two historical periods: before and after 1989. Prior to 1989 the politicisation -- understood as the "increase in political density" -- of social conflicts occurred in the context of an authoritarian, single-party system; from 1989 onward, they took place in the context of a transition to democracy. Strikes and their interface with the political sphere conformed to differing logics depending on which historical period they occurred. Such is the conclusion of this study, which combines an analysis of the statistical data with specific case studies
Bigiaoui-Duhamel, Léa. "L' abus de droit en droit du travail." Paris 1, 2002. http://www.theses.fr/2002PA010317.
Full textBabadji, Ramdane. "Le droit administratif en Algérie : mutations et évolutions." Paris 1, 1989. http://www.theses.fr/1989PA010292.
Full textThe administrative law is subject of important mutations and evolutions. Its area of application knows important extension, it has come back again to his initial configuration. The applicable law in organization of administration is caracterized by a clear autoritary tendancy. The law is useless when it obliges the administration. This study has dealt with state's law from 1962 to 1989
Moizard, Nicolas. "Droit du travail communautaire et protection nationale renforcée : l'exemple du droit du travail français /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, Faculté de droit et de science politique, 2000. http://catalogue.bnf.fr/ark:/12148/cb37640647h.
Full textRezgallah, Larbi. "Le statut du marin en droit algérien." Nantes, 1992. http://www.theses.fr/1992NANT4008.
Full textEconomic development of a modern country is dependent of international trade that means of an autonomous fleet. The working conditions at sea are specific and that give to the sailors a special statute. The thesis try to present the algerian statute, comparing it with the french one and with an international reglementation; for labour law and social security
Drai, Laurent. "Le droit du travail intellectuel /." Paris : LGDJ, 2005. http://www.gbv.de/dms/sbb-berlin/502769610.pdf.
Full textNoisette, Sandy David. "Performance et droit du travail." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0160.
Full textThe polysemy of the notion of performance is linked to the type of rationalities of the legal person referring to it. Its restrictive nature impoverishes the protective function of law and makes the legal and economic orders competitive. The effect is to oppose employers and employees. However, it may seem that labor law enables a connection between the objectives of economic efficiency to those of the security of the employees‘ status. Then, promoting the coordination or even the cooperation at the heart of the employment contract will be open. This consequence enables the introduction of flexibility in work relationships, both collective and individual, while maintaining the main aim of the contractors the contract economic status then benefits from it all. However, in order to limit the risks that the parties concerned may undergo from a deteriorated relationship, the dynamic development of the contract will only be able to happen under the auspices of good faith. Only then can economic efficiency as well as legal effectiveness be the consequences of it. It is still necessary to consider this ideal at the heart of another social reality ; this makes the performance contingent. Its global nature requires soothed relationships in the first place at the heart of the corporate governance, which, as an institution, will see the prerogatives of its organs and the autonomy of the social interest respected. It is then necessary to adapt to a network model of economy, strongly characterized by the triangulation of work relationships
Guardia, Philippe de. "L'abus en droit du travail." Montpellier 1, 1988. http://www.theses.fr/1988MON10042.
Full textDedessus-Le-Moustier, Gilles. "L'amnistie en droit du travail." Rennes 1, 1994. http://www.theses.fr/1994REN11022.
Full textFrom an amnesty law to another, the notion of amnesty gets to the heart of labor relationship inside the firm and this to the the point that the whole firm life is concerned. The field of application of amnesty in labor law appears heterogeneous. It shows polymorphic characteristics the nature of which induces the complexity of a study about the transposition of this criminal law mechanism to labour relationship within the firm. First of all, the use of amnesty in labor relationship consists in covering by omission the different transgressions of criminal law. Secondly, its use consists in integrating the disciplinary sanctions towards wage-earners in private firms. An analysis of the full implications of amnesty in labor law should not rationally be excluded from such a study. Technically amnesty is a fiction according to which the legislator retrospectively removes the punishable side from the acts that have been committed. The presence of general effects materializes through mainly procedure consequences on a criminal level as well as on a disciplinary level. By foreseeing a right of reintegration in
Drai, Laurent. "Le droit du travail intellectuel." Lille 2, 2003. http://www.theses.fr/2003LIL20017.
Full textThe development of sciences, research, media but also leisure during the 20th century proves the interest of intellectual work in today's society. The rise of this new type of work had to have consequences on the Law. Intellectual work has two significant features. In its mode of execution on the one hand, it requires a wide range of freedom grantel to the employees. On the other hand, the result of intellectual work activity gives birth to particular values since they are protected in the name of intellectual properties. The study of the apprehension by the Law of intellectual work reveals the necessity of a multidisciplinary approach. The Employment Law in itself does not really cover the particularities of the relation between intellectual workers and their employers. The rights of intellectual properties is the only resort in order to allow a global approach to this new type of work. As a source of particular values, intellectual work is confronted with the presumption that the employer owes the fruit of a paid work. The solution to this issue stands in the research of a conciliation between the Employment Law and the rights of intellectual properties. The presentation of the " rights of intellectual work " therefore underlines the complementarity of the existing legal mechanismes in the making of new devices
Bondat, Damien. "Droit du travail et sûreté." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0773.
Full textLabour Law and Security Law. Such a subject my startles at first as the links binding these disciplines are not self-explanatory. Yet those links are natural. When Labour Law applies it produces a debt between the employee and his employer. The objective of Security Law is to guaranty a debt relationship. Hence the links binding these disciples are indispensable. The existence of a subordinate relationship between the parties tends to hide the set of obligations that bind them. The employee-creditor is therefore in a posture of weakness towards the employer that owes him a debt. The lawmaker being alive to this problem created the salary’s general preference scheme, then the super-preference and, finally, the AGS. These legal instruments are considered by most common law and Labour Law scholars as constituting the debt of salary (payment) guaranty scheme. Nevertheless, the study of these three mechanisms reveals their inaptitude at successfully insuring the full payment of the employee’s credit. Yet this objective is paramount. It is in the essence of subordinate labour not to make the risks of business undertaking weigh on the shoulders of the employees. It is therefore necessary to identify alternative guarantees that will be successful at reducing this risk. But this undertaking is tricky. Neither Labour Law nor Common Law define the notion of Security. It will therefore be required to refer to the vision Common Law scholars have of Security because it is equivocal. Yet, for a number of reasons, these definitions present many faults and are globally not adapted to the field of Labour Law. The solution will hence be to elaborate a definition of Security that compensates these issues of cohesion and adequacy. This will lead to the proposition of a pragmatic and realistic identification of all securities used in Labour Law. The next step will be to analyse the legal framework applicable to the securities that have been identified. The idea is to figure out what would be the conditions and contexts required for these securities to participate in the greater goal which is to improve the payment of the credit employees have against their employers. The findings are rather uncertain. The newly identified securities fail to significantly complete the protection afforded to employees by the tryptic: general preference – super-preference – AGS. They can nevertheless fulfil their goal in very specific situations. For the remainder, simple and coherent changes to the legal framework of these securities could help improve this result
Garnier, Sophie. "Droit du travail et prévention." Thesis, Nantes, 2017. http://www.theses.fr/2017NANT3023/document.
Full textMeasures relating to occupational health, the obligation of reclassification in the dismissal for economic reasons, continuing vocational training or jobs and skills planning and training, are all means by which labor law aims to prevent the realization of risks in the workplace. Prevention has become a key concept in labor law, without having been subject to analyzes assessing the exact scope. To deepen links between labor law and prevention, a categorization of the main expressions of the labor law in prevention may first be proposed. It highlights the expansion of prevention in the field of labor law. The different risks inherent in the employment relationship are concerned and prevention today move towards consolidation, to determine how best to avoid or limit them. The various legal schemes enabling the implementation of the prevention in labor law can also be explored, as their legal regime reveals a certain unity. It is a right to prevention at workplace that can be identified. Its distinguishing feature is it involvement of different actors in the employment relationship, whose roles are organized so as to ensure effectiveness in prevention at the workplace
Bekhechi, Mohamed Abdelwahab. "La Constitution algérienne de 1976 et le droit international." Paris 2, 1986. http://www.theses.fr/1986PA020020.
Full textThis thesis deal with the relationship between the algerian constitution and the international law. The first objective aimed at identifying the constitutionnal norms, principles and rules which are relevant to international law on one hand and on the other hand at commenting them within the frameworkof the algerian practice. The first part of this research work deals, in the first place with the analysis of the principle of sovereignty as ti is defined in both its internal and international aspects. Secondly, it attempts to evaluate the implications of such definition in the international legal order on one hand and on the principles of the algerian foreign policy on the other hand. The second part of the thesis discusses a statement related to the definition of "territory" "population" and "government" with a view to understanding the algerian conception and practice of the international competence and jurisdiction. The conceptions related to the constituting elements of statehood reinforce the adhesion to sovereignty, by providing it a material dimension. . . But it has been possible to underline a certain number of deficiencies in the algerian constitution, and to notice a few contradictions between certain principles and practices : for example the claims for a democratization of international relations and the existence of absolute powersof the head of state in the international decision-making policy. . . On the whole the algerian state adheres to any principle of international law which provides peace and development, provided that it is conformably with the principle of its sovereignty
Pagani, Krys. "Sport et droit du travail : entre droit commun et droit spécial." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020026.
Full textAs sport specificity has been fading away while developing its economic dimension and adopting a rational economic behaviour, common labour laws and European law have inevitably applied to this sector of activity. Admitting sport special features sometimes leads to the conclusion that an “exception” has to be recognised and that special labour laws emanating from the state must be developed. While such a conclusion is not relevant, a professional law implemented by its actors through national or European collective bargaining (within the state legal frame set up) is, to a large extent, more appropriate. The exclusion of common labour laws or European law is acceptable only if justified by objective and concrete elements. It cannot legitimately be based on “customs”. If the constraints related to sports hazards, sporting fairness or sporting career shortness can be justified by such customs, it is necessary to rigorously appreciate and strictly measure their effects on employment and working conditions. The residual distinctive identity of an economic activity provides no justification for excluding it from the application of common labour laws or European law. The application of certain state rules and laws to sport reveals some normative articulation issues, in particular in relation to conflicts arising with sporting rules. However, in such a game, common labour laws and European law often win. Neutralizing the boundaries drawn by the sports community, in particular between amateur and professional sports, they succeed, through their judges, in having their requirements prevailing
Chennouf, Soheil. "Capital humain, entreprises et salaires dans la région d'Alger." Paris 1, 1995. http://www.theses.fr/1995PA010029.
Full textThese thesis reviews the theoretical and empirical litterature on human capital, fixed effects and external effects models, efficiency wahe, and labor market segmentation. The data set used combines information at the individual level (workers), with information at the company level (firms in wich individuals are employed) for a sample of algiers region industry. Our empirical results indicate, after controlling for individual and firms characteristics, that inter-firms and intra-firms differentials are substantiel. These finfings suggest that workers in high wage firms receive noncompetitive rents
Benallaoua, Abdoune. "Vulnérabilité, segmentation du marché du travail, et pauvreté : résultats d'une étude sur le niveau de vie des ménages en Basse Kabylie." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40004.
Full textBased on a survey done in 2005 in Lower Kabylie (Algeria) among 500 households, this PhD analyses the relatioship between vulnerability on the labour market and poverty. This analysis on the labour market in this area, brings out four segments corresponding to different levels of protection, and identifies some characteristics in the segmentation process. Poverty was estimated by applying the two main approaches : monetary and non monetary. Poverty is to be found mainly in rural areas, in big households whose heads of family are uneducated and among unemployed people and workers. The strength of the link between vulnerability on the labour market and poverty changes according to the adopted welfare approach. With a non monetary approach, the vulnerable segments are unquestionably the poorest, wheras with a monetary approach, this result only holds within a similar employment status. Going beyond this causal relationship between vulnerability and poverty, this research work integrates vulnerability in the poverty concept itself as a characteristic among others. The anti poverty policy in Algeria must take this reality into account and therefore put an end to the measures generatig insecure and instable jobs
Belebna, Mohamed. "Le contrat d'assurance maritime en droit algérien et en droit français." Paris 2, 1995. http://www.theses.fr/1995PA020061.
Full textThe aim of this thesis is the study of marine insurance contract in algerian and french law. The long experience of the french marine insurance market explains its predominant place and role among the largest insurance market in the world. It's not the case of algeiran insurance system. Although that is a french inspiration, the algerian insurance it's so young and a few studies was maked in this matter. The first part is an preliminary chaptr. Its aim is the draw of history evolution to marine insurance. The first chaptr deal at once the definition, the characters of the marine insurance contract then relative rules of this formation. There is not marine insurance when the insured values (hull and cargo) don't takes to submit marine risks. This cause to express by both ways: as for nature risks, a time and place covers. It's object of the second cha@pter. The main prupose of insurance is to indemnity the assured for loss substained by this property. This rule to express in the insured values. For instance, we have treated in the third chapter. The last one chapter, explains the obligation of the insured, assured and settling on indemnity. It can be made : "in damage" or "in abandonment". However, the divergences separates the algerian and french systems. Since 1966, algeria has instituted a state monopoly on insurance sector
Zerouala, Chahrazed. "L'indépendance du juge d'instruction en droit algérien et en droit français." Limoges, 1988. http://www.theses.fr/1988LIMO0408.
Full textThe independence of an examining magistrate is now a topical question loth in algeria and france. As an investigator and as a juridiction, the judge has, in the two legal systeme, a huge power on people and things and this helps him to accomplish the mission he is in charge of, to instinct for and against to reach the truth. However, this neutrality will not be achieved completely unless the examining magistrate is assured of the respect of defence rights and the lawfulness of the procedure which balance is preached to by both the algerian and french codes. Neverthless, the independance of a judge as a magistrate or as a juridiction is seriously compromised particulary with regard to the public prosecutor. The proposed or envisaged solutions in algeria and france are still not sufficient. The only possible remedy is to give to private parties powers at least equal to those given to the prosecuting magistrates
Thomas-Tual, Béatrice. "Droit de la fonction publique et droit du travail." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37619003s.
Full textFont, Nicolas. "Le travail subordonné, entre droit privé et droit public /." Paris : Dalloz, 2009. http://catalogue.bnf.fr/ark:/12148/cb41464650q.
Full textFont, Nicolas. "Le travail subordonné entre droit privé et droit public." Aix-Marseille 3, 2007. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D31.
Full text. The apprehension of subordinate labour by the law is yet another example of juridical polarization. Labour law represents the branch of private law applicable to the relationships that bind a private employer to his emploees. As for the branch of public law, it generally orchestrates the relations between the civil service and civil servants. Although they are opposed theoretically, labour law and civil service law have been built and perfected thanks to a mechanism of reciprocal influences. Considering the fact that a corpus of common rules has been set up, one may think that the juridical condition of civil servants is, in many respects, similar to that of private employees. As a matter of fact, the remaining disparities are more and more questioned. From a sociological point of view, the civil service seems to be a privileged sector, in which the servants are cut off from social realities. From a juridical point of view, public law is witnessing a smear campaign which particularly challenges the validity of the law of the civil service beside the existence of labour law. Subordinate labour thus appears to become a private law concern exclusively. Several recent factors have led to this juridical unificationn: the juridical establishment of the notion of worker, the Europeanization of intern law, the introduction of permanent contracts within the public sector, the emerging idea according to which labour law not only protects workers as much as the civil service does, but also offers a better management of the personnel, etc. Notwithstanding, eventhough the unity of social law may seem ineluctable, it is in fact illusory. Serving the general interest implies the upholding of some specific characteristics within the treatment of the servants who are in charge of its satisfaction, which no privatisation will be able to cancel without totally disrupting what makes French administration so peculiar. In the same way, labour law is undergoing a profound change and takes into account some considerations which are extraneous to professional relations in the administration. Finally, while it seems indispensable to reform the status of the civil service, it is likewise necessary not to do so because one thinks there is just one alternative: the upholding of the status or the privatisation. Indeed, no legal reason except out of date standards commands to exclude contractual tools in the civil service. In fact, as far as the rules applicable to subordinate labour are concerned, the distinction between public law and private law may not be updated but rather displaced. Subordinate work remains and will remain, in the absence of a contradictory political will a concern for both public and private laws
Blévis, Laure. "Sociologie d'un droit colonial : citoyenneté et nationalité en Algérie (1865-1947) : une exception républicaine ?" Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32050.
Full textCourtois-Champenois, Estelle. "Le droit du travail américain, un droit de l'entreprise : contribution à l'étude comparée du droit du travail français et américain /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2002. http://catalogue.bnf.fr/ark:/12148/cb38951206x.
Full textSana, Rabah. "La problématique de la liberté de religion en droit algérien : la difficile conciliation entre le confessionalisme politique et la liberté de religion." Toulouse 1, 2012. http://www.theses.fr/2012TOU10040.
Full textNowadays Algeria is faced to challenge, that of universal legal principles and thought, opposed to Islamic customs and traditions that have also universalistic pretension. This fight is polarized at the religious level. Under the gaze of the universal principles embodied conventional international law, Algeria has ratified the Covenant on Civil and Political Rights, being bound by that covenant makes it a country with secular claims where religious freedom is devoted. Under the eyes of Islamic law, Sunni Islam is the official religion of the state, Algeria is a confessional country where the freedom of religion is so much controlled and insufficiently protected. Such is the problematic underlying this thesis: the difficulty of reconciling the political confessionalism and the freedom of religion in Algeria. In the first part the right to freedom of religion is analyzed. Light is thrown on this right at two levels: that of regional and international status of Algeria whose commitments should theoretically allow it to become a democratic and secular republic, and that of the Algerian Constitutional law which attempts to reconcile these two conflicting normative structures: an Algeria that would be both religious and secular. The second part of the research is devoted to the analysis of Algerian laws; it focuses on the opposition between these two ideals which need to be reconciled: the respect for Islam and deference to secularism. Two "parameters" are successively advanced for weighing religious freedom, the freedom of worship through an analysis of the degree of state intervention, and the very ambiguous criminal and family laws related to this matter
Belazzoug, Safia. "De la rémunération du travail, étude croisée entre droit du travail et droit de la concurrence." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD049.
Full textThis study aims to comprehend the nature of the use of labor remuneration by business leaders. The analysis of this element of the employment contract in terms of competition law and labor law reveals that it has become a strategic tool used for purely competitive reasons. The most obvious examples are those of the disorganization of the rival company or social dumping. This fact has been a worrying rise in the EU causing a race to the social lowest bidder at the expense of employees and efficiency of the internal market. Notwithstanding, this pre-eminence rule of competition law, labor law has successfully set limits for entrepreneurs reminding them the crucial nature of the remuneration and all the importance to give it a specific protection. Rebalances then permit to put into perspective the primacy of economic law. It now needs to be encouraged through the adoption of more constraining measures. In this study several measures are suggested. First, the creation of a labor inspectorate specialized in the fight of detachment fraud who would have logistics and sanctions means adapted to the peculiarity of this process. Additionally, based on the given definition of social dumping, to implement a penalization procedure for this behavior. All these recommendations tend ultimately to the emergence of a renewed and balanced interdisciplinary coalition that would benefit both employees and their employers
Kahlat, Said. "Espace social du travail et industrialisation : le cas de la société algérienne de construction mécanique S.O.N.A.C.O.M.E." Aix-Marseille 2, 1985. http://www.theses.fr/1985AIX2XXXX.
Full textZografopoulos, Dimitrios. "La distinction entre travail salarié et travail indépendant en droits du travail français et grec." Université Robert Schuman (Strasbourg) (1971-2008), 2003. http://www.theses.fr/2003STR30005.
Full textThe legal form of subordinate employment contract is the main condition for the application of French and Greek labour laws. We examine the focusing operated in both countries on the subordination concept - as supposing the worker's submission to the direction and control of his employer - for the characterization of the employment contract, by means of the technique of indication clustering, as well as legislative interventions concerning the determination of the quality of wage-earner, which are manifesting extensive or restrictive tendencies of the scope of labour law. It stands out that the dilution of subordination does not result in erosion of the category of wage-earners, provided that courts take effectively under consideration the relativity of the subordination criterion. However, the core objective of protection of workers cannot any longer be based on an absolute opposition between subordinate and independent work, but it bas to aim any human being at work
Boukercha, Rachid. "La formation professionnelle et l'insertion des jeunes urbains dans le marché du travail en Algérie." Nancy 2, 1990. http://www.theses.fr/1990NAN21004.
Full textBouderbala, Mohamed Abdou. "La réforme fiscale en Algérie." Paris 1, 2000. http://www.theses.fr/2000PA010305.
Full textClaude, Nadège. "La variabilité du droit du travail." Phd thesis, Université d'Angers, 2010. http://tel.archives-ouvertes.fr/tel-00579595.
Full textMeyrat, Isabelle. "Droits fondamentaux et droit du travail /." Villeneuve d'Ascq : Presses Univ. du Septentrion, 2001. http://www.gbv.de/dms/sbb-berlin/339658495.pdf.
Full textCanut, Florence. "L'ordre public en droit du travail /." Paris : LGDJ, 2007. http://catalogue.bnf.fr/ark:/12148/cb41070991p.
Full text