Enticing workers as a form of unfair competition

Abstract

Poaching Workers is an unfair commercial practice that negatively affects fair competition and destabilizes labor relations. This is what prompted the Algerian legislator to intervene to prohibit this practice, under Art 27/4 of Law 04-02, where it imposed criminal liability and vaguely referred to the application of the provisions of labor legislation, while the French legislator was satisfied with arranging joint and several civil liability in the labor law. Therefore, this study aims to propose a protective approach derived from some recommendations, guidelines and case law provisions, which helps institutions apply ethical standards, such as no-poach agreements, while respecting the balance fairly between protecting fair competition and the freedom to work.