الوضعيـــــات القانونيـــــة للمـوظــــف العام في القانـــــون الجــــزائــــــري
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Date
2024
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جامعة المسيلة
Abstract
Through studying the basic legal situations for a public employee , which the employee may go through
during his career path. Our study aims to define the concept of legal situations, their effects, and how they
end, so that the employee can benefit from them for his own benefit and for the benefit of the employing
administration.
We relied on two approaches: the descriptive and analytical approaches to narrate and analyze legal
texts and rulings related to the subject.
Among the results reached: The legal positions are divided into ordinary legal positions, represented
by the position of performing the service that all employees go through during their professional path,
and also include conditions and situations that are considered within them. As for the exceptional legal
positions, which do not lead to the suspension of the job relationship, which are represented by the
position Assignment and outside the framework, as for what leads to the temporary suspension of the
employment relationship, which is represented by referral, deposition and national service, all of these
situations have legal effects on the employee and the employing administration, and his relationship with
it is not eternal, as there is an end that separates him from it and makes him lose his employee status.
Among the suggestions is to reconsider the matter of depriving an employee of assuming any position
in the public service in the event of disciplinary discharge and isolation by depriving him for a certain
period, and enabling the employee who is referred to national service and placed on leave due to illness
or disability to receive financial aid, in accordance with the principle of equality between employees and
not assigning a position outside the framework. For a specific category, but includes all.
Description
Keywords
employee, legal situations, public job.