The legal adjustments of the "Corona - Covid 19" pandemic according to labor law provisions and its impact on labor relations process in Algeria

تاريخ الاستلام:09/11/2020 تاريخ القبول:03/02/2021

Abstract

This research aims to treat the most important legal adjustments to the "Corona-Covid 19" pandemic according to the Algerian labor law and its impact on labor relations process, as well as the legislative guarantees (related to the duties and rights of workers) of the Corona pandemic in the framework of labor relations.

The analysis of various legislative texts and the questioning how economic institutions dealt with them in the Corona pandemic context, revealed that that there are two legal possibilities in dealing with Corona pandemic. The first embodied the theory of major force to justify the measures taken  in facing  Corona virus pandemic, considering this pandemic as an unexpected event with no human interference , thus, exempts  The implementation of contractual obligations is permissible with it to terminate the contract due to the impossibility of implementation. the second possibility considers  this circumstance as an emergency, since the emergence of the pandemic occured after establishing the contract, and it is not expected to occur during the contract, and this caused a collision between the benefits generated by the contract, so that its implementation becomes cumbersome and not impossible.

However, most economic institutions have adapted the Corona pandemic as an emergency circumstance, and thus preserved work relations and tried to provide legislative guarantees for the benefit of workers by maintaining their right to pay, the right to an annual vacation despite taking advantage of a paid vacation.