المفاوضة الجماعية كآلية لتسويق نزاعات العمل الجماعي في التشريع الجزائري

Abstract

Industrial revolution and even the scientific revolution had their effects on working class in spite of the importance given to them by both developing countries and developed ones as well, added to the resignation of states’ role in protecting labor relations, adopting by this attitude the "principle of the authority of will" and "the principle of contract is law of contracting parties"; leading to the lower decreasing of the legislation role in insuring social protection. In view of this situation, a part of jurisprudence sees that collective labor relations is going to play most effective role in achieving social protection. These relationships may take multiple kinds, the main one is collective negociation, it is known as a set of agreements that regulate the conditions of work, and an effective way to secure the conditions and better working circumstancies . Collective work conventions are truly a source and a mean of legislation, they are made out throught collective negociations. It is what distinguishes it from the other peaceful mechanisms such as mediation, conciliation, arbitration, strike, closure, convocation, and decompression to resolve collective work conflicts. Conflicts vary and have different aspects, they are inevitable because of the nature of work relations. Nevertheless, acting on solving and preventing work collective conflicts are the most important issues to both workers and employers. Collective negocaiation is one of the most important means and a undeniniable mechanisms facilitating workers conflicts solving. It did not come from the legislature idea, but it was the result of extremely difficult circumstances. It is considered as a mechanism regulating professional and social relations between the production parties, it is also considered as the ideal framework for the development of social law, as well as its preventive and therapeutic role in work conflicts, in order to promote the collective convention from one art form to the level of science that is governed by rules and systems. This study is divided into two parts : Part I: Conceptual framework for collective convention and its organizational aspects Part II: Effects of collective convention on the parties of production relationship