أبحاث قانونية وسياسية
Volume 11, Numéro 1, Pages 625-640
2026-06-11
The Technique Of Re-insertion: Between Permissibility And Obligation
Authors : Slimani Hamida .
Abstract
Abstract: The study aims to review and clarify the distinctive nature of the reinstatement remedy for a worker dismissed unfairly by the employer. It recognizes that the Algerian legislator has retreated from the protective role traditionally associated with the employment relationship by abandoning the nullity doctrine and instead applying the doctrine of abuse. This shift means compensating the injured party with equitable compensation. Such compensation is discretionary, as both parties in the employment relationship are free to accept reinstatement while retaining acquired benefits, or to receive monetary compensation if reinstatement is rejected provided this refusal is expressed during the proceedings. However, if neither party expresses their intention before the judgment is rendered, the employer is obligated to reinstate the worker under the threat of a coercive fine. Through the study of this subject, it has been revealed that this mechanism constitutes one of the established safeguards designed to protect workers from arbitrary dismissal, as it enshrines the principle of in-kind compensation. On the other hand, the effectiveness of this mechanism can only be achieved through the adoption of a balanced approach grounded in flexibility—by ensuring its mandatory application while preserving the employee’s acquired benefits, and allowing recourse to monetary compensation when its implementation becomes impossible. This balance aligns with the objectives of social justice and the requirements of economic stability within employment relations.
Keywords
Keywords: Acquired Benefits – Coercive Fine – Compensation – Employment Relationship – Reinstatement – Unfair Dismissal.
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