لخّصلي

Why are social law rules considered mixed? What is the scope of application of labor law and social security law? Social law rules are considered mixed because they combine legal and customary characteristics and affect multiple areas of social life.This balance requires the use of legal tools from diverse fields.Procedural Characteristics: Social law rules do not only govern rights and obligations but also include procedures related to these rights, such as amicable settlements or arbitration processes, linking them to more than one legal domain.Regulation of Relationships Between Individuals and the State: These rules govern relationships between individuals in general, and also regulate interactions between individuals and the state or society, which means they are influenced by various legal, social, and cultural factors simultaneously.Social Purpose: These rules aim to achieve social justice and protect individual rights, necessitating the integration of principles from multiple legal areas to ensure the protection of rights and obligations.Intermingling of Sources: Social law rules derive from various legal sources such as civil law, commercial law, international law, and even social customs, making them flexible and diverse in their application.Thus, it intersects with different laws concerning economic and social relations. Scope of Application of Labour Law: The Labor Law applies to all persons, whether they are nationals or foreigners, men or women, if the relationship that binds them is a work relationship. Therefore, the Labor Law applies to all categories of workers in various fields, including industry, trade, and services. However, it excludes from the provisions of the Labor Law categories that are explicitly exempt from the rules of the Labor Law, especially: -Public employees. -Judges. -Military personnel. -Workers of public bodies and administrations affiliated with the state. -Employees of public institutions of an administrative nature. This is confirmed by Article of the Labor Law (00/11 Users ) which states the following: " Civilians and military personnel of the National Defense and judges, employees and contracted agents in the public administration bodies in the state, states and municipalities, and employees of public institutions of an administrative nature are subject to special legislative and regulatory provisions". With this text, the Algerian legislator has defined the areas of application of the Labor Law, and the persons subject to it the law is not by definition but by exclusion and expansion .scope of application of social security law? Accordingly, the following are covered:

• Salaried workers;
• Non-salaried workers who practice a professional activity on their own account; – Special categories, which include:

– Workers similar to salaried workers (example: domestic workers, private employees, sailors and employers, share fishermen, artists, professionals who receive more than 50% of the national minimum wage, etc.) – Workers who practice private activities (example: free parking guards, people working in the framework of activities of public benefit, authorized baggage carriers, etc.) – People who do not practice a professional activity, for example: students, pupils of technical educational and vocational training institutions, mujahideen, people with disabilities and beneficiaries of lump-sum solidarity grants, people who practice a sports activity organized by the employer as well as people who perform voluntary work for the public good or to rescue a person in danger, – Beneficiaries of social and professional integration mechanisms, As for special categories, they generally benefit from social coverage in the field of health and maternity insurance, while special categories exposed to occupational risk also benefit from the compensation provided for in the field of work accidents and Occupational diseases. On the other hand, all those who receive alternative income provided by social security, such as, those who receive retirement benefits, disability benefits, work accident benefits or occupational diseases that exceed 50%, workers who receive sickness or unemployment compensation, as well as beneficiaries of inheritance grants or holders of rights that retain social security benefits, also benefit from coverage of treatment costs, family benefits and in some cases death insurance. Social coverage also benefits those with socially insured rights, namely:

• Spouse,
• Supported children,
• Supported ascendants,

Thus, the Algerian social security system covers more than 80% of the population. Finally, coverage in the field of treatment is provided to needy people who are not socially insured and is the responsibility of the state.

Why are social law rules considered mixed? What is the scope of application of labor law and social security law?
Social law rules are considered mixed because they combine legal and customary characteristics and affect multiple areas of social life.This balance requires the use of legal tools from diverse fields.Procedural Characteristics: Social law rules do not only govern rights and obligations but also include procedures related to these rights, such as amicable settlements or arbitration processes, linking them to more than one legal domain.Regulation of Relationships Between Individuals and the State: These rules govern relationships between individuals in general, and also regulate interactions between individuals and the state or society, which means they are influenced by various legal, social, and cultural factors simultaneously.Social Purpose: These rules aim to achieve social justice and protect individual rights, necessitating the integration of principles from multiple legal areas to ensure the protection of rights and obligations.Intermingling of Sources: Social law rules derive from various legal sources such as civil law, commercial law, international law, and even social customs, making them flexible and diverse in their application.Thus, it intersects with different laws concerning economic and social relations.
Scope of Application of Labour Law: The Labor Law applies to all persons, whether they are nationals or foreigners, men or women, if the relationship that binds them is a work relationship.
Therefore, the Labor Law applies to all categories of workers in various fields, including industry, trade, and services. However, it excludes from the provisions of the Labor Law categories that are explicitly exempt from the rules of the Labor Law, especially:
-Public employees.
-Judges.
-Military personnel.
-Workers of public bodies and administrations affiliated with the state.
-Employees of public institutions of an administrative nature.
This is confirmed by Article of the Labor Law (00/11 Users ) which states the following: "
Civilians and military personnel of the National Defense and judges, employees and contracted agents in the public administration bodies in the state, states and municipalities, and employees of public institutions of an administrative nature are subject to special legislative and regulatory provisions".
With this text, the Algerian legislator has defined the areas of application of the Labor Law, and the persons subject to it the law is not by definition but by exclusion and expansion
.scope of application of social security law?
Accordingly, the following are covered:

• Salaried workers;


• Non-salaried workers who practice a professional activity on their own account;
  – Special categories, which include:

– Workers similar to salaried workers (example: domestic workers, private employees, sailors and employers, share fishermen, artists, professionals who receive more than 50% of the national minimum wage, etc.)
– Workers who practice private activities (example: free parking guards, people working in the framework of activities of public benefit, authorized baggage carriers, etc.)
– People who do not practice a professional activity, for example: students, pupils of technical educational and vocational training institutions, mujahideen, people with disabilities and beneficiaries of lump-sum solidarity grants, people who practice a sports activity organized by the employer as well as people who perform voluntary work for the public good or to rescue a person in danger,
– Beneficiaries of social and professional integration mechanisms,
As for special categories, they generally benefit from social coverage in the field of health and maternity insurance, while special categories exposed to occupational risk also benefit from the compensation provided for in the field of work accidents and Occupational diseases.
On the other hand, all those who receive alternative income provided by social security, such as, those who receive retirement benefits, disability benefits, work accident benefits or occupational diseases that exceed 50%, workers who receive sickness or unemployment compensation, as well as beneficiaries of inheritance grants or holders of rights that retain social security benefits, also benefit from coverage of treatment costs, family benefits and in some cases death insurance. Social coverage also benefits those with socially insured rights, namely:

• Spouse,


• Supported children,


• Supported ascendants,

Thus, the Algerian social security system covers more than 80% of the population.
Finally, coverage in the field of treatment is provided to needy people who are not socially insured and is the responsibility of the state.