University of chlef

Module : Family law

Lesson 04

An introduction to individual and group conflict

To prevent resorting to coercive means, such as strikes and
company closures, to settle labor disputes.
To fulfill the demands by imposing the individual will, the legislator
approved a number of measures that allow the search for solutions
For the dispute between the employer and the worker, they are
avoided by resorting to the judiciary, which may perpetuate the conflict
and issue rulings that do not
They satisfy them, or they are not up to their expectations.
These procedures are called amicable methods that aim at the
convergence of the disputants through several means to reach a
settlement.
An agreement that can satisfy both parties

Individual labor disputes and how to resolve

them
Tension may arise in the relationship between one of the workers
and the employee about the content of the contract itself, or about the
obligation or a certain right of one of the parties on which the work
relationship is based.
In order to solve these problems and disputes, and to organize the
processes of resolving and settling them, the legislator has established
the legal mechanisms for this through the competent body, as well as the
due procedures
Follow this is evidenced by the framework set by the legislator. This
has been since the seventies in the context of settling individual disputes
through the Labor Justice Law[1], which came to define.The special
nature of cases and labor disputes, and the Civil Procedure Code may
provide for special provisions of this type that are appropriate to the
nature of these disputes and political developments and the economic
and economic known to the country, which was determined by the
organization of labor relations[2], as well as how to settle individual
disputes at work [3], which came in the second article to define
individual disputes as follows:
Every dispute at work between a salaried worker and an employee
regarding the implementation of the work relationship between the two
parties is considered an individual dispute in work by virtue of this law,
if it is not resolved within the framework of settlement processes within
the bodies used"
“The distinguishing feature of individual disputes at work is the
necessity to follow some preliminary procedures, which are an essential
condition for accepting the lawsuit, which is the amicable settlement, in
order to maintain the good relationship between the worker and the
employer, which is often necessary for the continuation of the work
relationship.
Section one: internal settlement of the dispute we note that the
Algerian legislation did not neglect this aspect, as the second chapter of
Law 90/04 related to the settlement of individual disputes at work was
devoted to it, which is entitled “How to address individual disputes at
work within the employing bodies, thus making it possible to settle the
dispute between the worker or his representative.” And the employer
within the institution by finding a joint solution to the conflict, and this
is without the interference of any foreign party in the dispute.
What are the amicable methods that allow for the settlement of
collective action disputes? What are the legal provisions?
related to đ?
The amicable ways that disputants resort to within the framework of
a collective agreement are the following: Negotiation and
reconciliation
The first path that the two disputants can take: an employer or a
worker, in order to settle the dispute that brings them together
On the other hand, it is negotiation
Negotiation is based on direct dialogue between the two parties to
the collective dispute
, where representatives meet
The workers, whether they are trade unionists or elected by them,
with the employer or the employers, in order to discuss slowly
(2) (calmness in the problem posed between them, and in the end
they reach possible solutions to the existing conflict .
In the negotiation, no party outside the institution interferes, and
solutions can be of the form
The employer withdraws or retracts the decision that caused the
dispute, or amends it to conform to the workers’ demands or the workers
taking measures aimed at reassuring the employer about the issue of the
ongoing dispute between them. Some comparative legislations provide
for the obligatory conduct of negotiation between the parties to the
collective dispute before the passage to the rest of the friendly paths,
including those that are set by an optional procedure
.
Negotiation as the first path taken by the parties to a collective
dispute is an unrestricted procedure, and is not subject to any
Preconditions or procedures that can hinder the various parties to
reach an agreement that ends the existing dispute among them.
In the event of the failure of the dialogue between the two parties to
the collective dispute, the legislator provided both of them with the
opportunity to resort to a way
A second path through which collective disputes can be settled, this
path is called reconciliation.
So what is reconciliation? What are the various legal provisions
related to it?
Reconciliation means the intervention of another party in order to
find solutions to the collective conflict between the employer
and workers.
Reconciliation aims to bring together and reconcile the points of
view of the parties to the conflict in order to reach a settlement
It satisfies both parties, thus shortening the road, saving time,
reducing risks and maintaining friendly relations between the two parties
(Employer and workers)
It is clear to us from the foregoing that reconciliation is a procedure
that takes place only after the failure of negotiation between the two
parties to the conflict, which explains the reason for the intervention of
another party between them and its endeavor to reconcile the disputants
and then reach an amicable settlement of the dispute between them.
Reconciliation begins with the intervention of a neutral party, at the
will of the parties themselves, due to the failure of the negotiation it
conducted
In a previous stage between the two parties, the neutral party aims to
bring opinions together in order to reach an agreement.
In addition, there are comparative legislations that stipulate the
option of this friendly path, while other legislations stipulate the option
of this friendly path (others on compulsory).
We summarize the two types Negotiation and reconciliation into
following results
1. The legislator has developed a set of ways to end the conflict
amicably between the parties to the collective dispute before it
It reaches the judicial authority.
2. Some comparative legislation stipulates that negotiation must
take place before passing to other methods
amicable collective dispute settlement.
3. Negotiation acquires its importance from the fact that it
complements the legal texts regulating labor relations.
General, and adapts it to suit the conditions of the institution or
sector of activity concerned.
 4. The negotiation may not bring the expected results because of
each party's adherence to its opinion and the rejection of the party's
demands.
the other.
5. Reconciliation benefits the intervention of other bodies in the
ongoing conflict between the employer and the workers, as it requires.
The nature of the collective professional relationship that brings
them together.
6. Mediation means the intervention of a third party foreign to the
dispute to bring the views of the two parties closer, and
Reaching a settlement that satisfies everyone.
7. The mediator has the right to see all documents of an economic,
professional or social nature, with
Adherence to professional secrecy by the force of law.
8. Arbitration is considered the last amicable way to resolve a
collective dispute, which may be resorted to upon a request or
As a result of the agreement of the disputing parties.
9. The arbitration decision is binding on both sides, even though it
may be unfair to one or both of them.