الكيفيات القانونية لعزل الموظف بسبب إهمال المنصب في التشريع الجزائري

Abstract

This study aims to clarify the legal framework governing the dismissal of public employees due to abandonment of position, by analyzing the legal conditions and administrative procedures related to it. The first chapter addresses the concept of dismissal and distinguishes it from similar notions such as resignation and termination, with a focus on its key condition—namely, unjustified absence for a period of 15 days. The second chapter focuses on the legal procedure for dismissal, starting from the verification of absence to the notification of the decision, highlighting the role of oversight bodies in ensuring the legality of this measure. It also discusses both procedural and substantive flaws that may lead to the annulment of the dismissal decision. The study shows that dismissal is a sensitive process that requires strict compliance with the law to maintain a balance between employee rights and the needs of public service