سلطة القاضي في تكييف عقد العمل

Abstract

"The legal characterization of an employment contract falls under the authority of the trial judge, without being bound by the characterization or terminology chosen by the parties. This is done through balancing the various factual elements in order to determine the element of subordination, which constitutes the foundation upon which labor relations in labor law are based. Algerian Law No. 90-11 identifies two main types of employment contracts applied in Algeria: the indefinite-term employment contract, which is considered the principal form governing labor relations, and the fixed-term employment contract, which is regarded as an exception imposed by economic transformations. The Algerian legislator has defined the legal framework of this latter contract, particularly in Article 12 of Law No. 90-11, which specifies the exclusive cases in which it may be concluded. Whenever the employer fails to comply with this article, the contract is reclassified as an indefinite-term employment contract, and the worker is reinstated in their position, thereby achieving the legislator’s objective of protecting the worker, who is considered the weker party in the employment relationship"