WageIndicator Foundation - www.wageindicator.

org
WageIndicator started in 2001 to contribute to a more transparent labour market for workers and
employers by publishing easily accessible information on a website. It collects, compares and shares
labour market information through online and face-to-face surveys and desk research. It publishes the
collected data on national websites, serving as an online library for wage information, labour law, and
career advice for workers/employees and employers. The WageIndicator websites and related
communication activities reach out to millions of people every month. The WageIndicator concept is
owned by the independent, non-profit WageIndicator Foundation, established in 2003. The Foundation
has offices in Amsterdam (HQ), Ahmedabad, Bratislava, Buenos Aires, Cape Town, Islamabad and
Venice.

The Authors
Tasmeena Tahir worked as a Research Associate at the Centre for Labour Research, Pakistan.
Corresponding author: Iftikhar Ahmad is the Global Lead - Labour Law at the WageIndicator
Foundation. He is the founder of the Centre for Labour Research, the global labour law office of the
WageIndicator Foundation. He can be contacted at iftikharahmad@wageindicator.org.

Acknowledgements
Many people contributed to developing the Decent Work Check as a tool and to this document for
Algeria. Those who contributed to the development of the tool include Paulien Osse, Kea Tijdens, Dirk
Dragstra, Leontine Bijleveld, Egidio G. Vaz Raposo and Lorena Ponce De Leon. Iftikhar Ahmad later
expanded the work to new topics in 2012-13 and made the work more legally robust. Daniela Ceccon,
Huub Bouma, and Gunjan Pandya have supported the work by bringing it online by building and
operating labour law database and linking it to the WageIndicator websites. Special thanks are due to
the WageIndicator global labour law office (headed by Iftikhar Ahmad), which has been working on
Decent Work Checks since 2012. The Minimum Wages Database, developed by Kea Tijdens, is supported
by Paulien Osse, Kim Chee Leong, and Martin Guzi. Khushi Mehta updated the Minimum Wages
Database before 2020.
The Minimum Wages Database and Labour Law Database are maintained by the Centre for Labour
Research (Labour Law Research team), together with the country and regional teams. The team
currently comprises Iftikhar Ahmad (team lead), Ayesha Kiran, Ayesha Mir, Razan Ayesha, Seemab
Haider Aziz, and Sobia Ahmad. The 2025 update was done by Iftikhar Ahmad and reviewed by Nadia
Pralitasari.

Bibliographical information
Ahmad I, Tahir T (2025) Algeria Decent Work Check 2025. Amsterdam, WageIndicator Foundation,
January.
For an updated version in the national language, please refer to https://rawateb.org/algeria
Copyright 2025 by WageIndicator Foundation. All rights reserved.

WageIndicator Foundation, 2025

Address: Mondriaan Tower, 17th floor, Amstelplein 36, 1096 BC, Amsterdam, The Netherlands.
Email office@wageindicator.org

Decent Work Check 2025

TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................... 1

MAJOR LEGISLATION ON EMPLOYMENT AND LABOUR ........................................................... 2

01/13 WORK & WAGES ...................................................................................................... 3

02/13 COMPENSATION AND WORKING HOURS .................................................................. 5

03/13 ANNUAL LEAVE & HOLIDAYS ................................................................................... 8

04/13 CONTRACTS AND DISMISSALS ............................................................................... 11

05/13 FAMILY RESPONSIBILITIES ..................................................................................... 17

06/13 MATERNITY & WORK ............................................................................................. 19

07/13 HEALTH & SAFETY ................................................................................................. 22

08/13 SICK LEAVE & EMPLOYMENT INJURY BENEFIT ...................................................... 27

09/13 SOCIAL SECURITY ................................................................................................. 31

10/13 FAIR TREATMENT .................................................................................................. 36

11/13 MINORS & YOUTH .................................................................................................. 39

12/13 FORCED LABOUR .................................................................................................... 41

13/13 TRADE UNION ......................................................................................................... 43

QUESTIONNAIRE .................................................................................................................. 47

Decent Work Check 2025

INTRODUCTION
A Decent Work Check is beneficial both for
Decent Work is the type of work to which all
employees and employers. It gives them
of us aspire. It is done under conditions
knowledge, which is the first step towards
where people are gainfully employed (and
any improvement. It informs employees of
there exist adequate income and
their workplace rights while enlightening
employment opportunities); the social
employers about their obligations. Decent
protection system (labour protection and
Work Check is also helpful for researchers,
social security) is fully developed and
labour rights organisations conducting
accessible to all; social dialogue and
surveys on the situation of rights at work
tripartism are promoted and encouraged;
and the general public wanting to know
and rights at work, as specified in ILO
more about the world of work. For example,
Declaration on Fundamental Principles and
WageIndicator teams worldwide have
Rights at Work and Core ILO Conventions,
found out that workers, small employers
are practised, promoted and respected.
and even labour inspectors are not,
WageIndicator Foundation has been sometimes, fully aware of the labour law.
working since late 2007 to raise awareness When you are informed – being a worker,
of workplace rights through a unique tool, self-employed, employee, employer,
i.e., Decent Work Check. The Decent Work policymaker, or labour inspector – there is
Check considers different work aspects a greater possibility that you ask for your
deemed necessary in attaining “decent rights (as a worker), you comply with rules
work”. The work makes the abstract (as an employer), and you strive to enforce
Conventions and legal texts tangible and these (as a labour inspector).
measurable in practice.
The work is relevant to the challenges
The Decent Work Check employs a double posed to the future of work, especially the
comparison system. It first compares effective enforcement of legislation in
national laws with international labour financially constrained states, a rise in
standards and scores the national precarious employment and analysis of the
regulations (happy or sad face). If national impact of regulatory regimes.
regulations in a country are not consistent
with ILO conventions, it receives a sad face,
and its score decreases (and vice versa). It
then allows workers to compare their on-
ground situation with national regulations.
Finally, workers can compare their personal
score with the national score and see
whether their working conditions are
consistent with national and international
labour standards. The Check is based on de
jure labour provisions, as found in the
labour legislation.

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MAJOR LEGISLATION ON
EMPLOYMENT AND LABOUR
1. Constitution of Algeria, 2020
2. Labour Law, 1990
3. Preservation of Employment and
Protection of Salaries during
Involuntary Unemployment Law,
1994 (Legislative Decree No 94-09)
4. Law No. 63-278 on public holidays
5. ISSA Country Profile for Algeria
6. Social Insurance Act, 1983
7. Law No. 83-12 of July 2, 1983
8. Executive Decree No. 60, 2023
9. Law no. 88-07 of January 26, 1988
relating to hygiene, to safety and
occupational healt
10. Executive Decree No. 427, 2002
11. Executive Decree No. 05, 2005
12. Law No. 90-03 of February 6, 1990
relating to Labor inspection
13. Law on Education, 2008 (Loi n° 08-04)
14. Executive Decree No. 96-98, 1996
15. Penal Code, 1966
16. Framework Collective Agreement of
the Private Economic Sector, 2006
17. Executive Decree No. 23-361, 2023
18. Law No. 23-08, 2023

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01/13 WORK & WAGES

ILO Conventions
Minimum wage: Convention 131 (1970)
Regular pay & wage protection: Conventions 95 (1949) and 117(1962)

Algeria has ratified the Convention 95 only.

Summary of Provisions under ILO Conventions

The minimum wage must cover the living expenses of the employee and their family members.
Moreover, it must relate reasonably to the general level of wages earned and the living
standard of other social groups. Wages must be paid regularly on a daily, weekly, fortnightly or
monthly basis.

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Regulations on work and wages: price index price and general economic
conditions are taken into consideration.
● Labour Law, 1990
● Framework Collective Agreement of Labour inspectors observe and report
the Private Economic Sector, 2006 transgressions of the provisions of the
labour legislation. A non-compliant
Minimum Wage enterprise shall be punished with a fine
mentioned in the legislation and in case
Algeria's minimum wage is set by of reoffence, the penalty is multiplied by
government decree after consulting key as many times as there are offences.
trade unions and employer associations,
considering productivity, the consumer price Source: §87, 138 & 149 of Labour Law, 1990
index, and economic conditions. It includes
basic wages and bonuses but excludes Regular Pay
expense reimbursements. Labour inspectors
enforce compliance, and non-compliant Algerian labour law defines the minimum
enterprises face fines, with penalties wage as the basic income plus allowances
multiplying for repeated offences. and bonuses, excluding reimbursements for
expenses. Employers are obligated to pay
Algeria’s labour law stipulates that the employees regularly and clear arrears within
minimum wage is set through government a week after the end of the month, as
decree after consultation with the most required by the Collective Framework
representative trade union of workers and Agreement.
associations of employers. The minimum
wage (National Minimum Guaranteed Wage In Algerian labour law, the minimum wage
(SNMG) consists of the basic wage, comprises the basic income and all
allowances and bonuses of any kind, allowances and bonuses, minus allowances
excluding allowances paid as paid as reimbursement for the worker's
reimbursement for expenses incurred by expenses.
the worker. The following are not included
in the minimum wage: The law stipulates more than once that the
1. Reimbursements for expenses paid employer pay each employee the payment
by the worker; owed to him regularly and in arrears. In an
2. Compensation for professional employment relationship, the worker has
experience or years of service been given the right to regular payment of
(seniority bonus); the remuneration due to them. The
3. Payments for shift work, continuous framework Collective Framework
service, or overtime; Agreement obliges the employer to pay the
4. Allowances for working in remote or worker in arrears no later than one week
isolated locations; after the end of that particular month.
5. Performance bonuses, profit-
sharing, or rewards based on Source: §6 & 88 of the Labour Law, 1990;
individual or team results. §94 of Framework Collective Agreement of
the Private Economic Sector, 2006;
To determine the minimum wage, the Executive Decree No. 15-59 of February 8,
national average productivity, consumer 2015

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02/13 COMPENSATION AND
WORKING HOURS

ILO Conventions
Compensation overtime: Convention 01 (1919)
Night work: Convention 171 (1990)

Algeria has not ratified the above-mentioned Conventions.

Summary of Provisions under ILO Conventions

Working overtime is to be avoided. Whenever it is unavoidable, extra compensation is at stake

- minimally the basic hourly wage plus all additional benefits you are entitled to. In accordance
with ILO Convention 1, the overtime pay rate should not be less than one and a quarter-time
(125%) of the regular rate.
Night work means all work which is performed during a period of not less than seven (07)
consecutive hours, including the interval from midnight to 5 a.m. A night worker is a worker
whose work requires the performance of a substantial number of hours of night work which
exceeds a specified limit (at least 3 hours). Convention 171 requires that night workers be
compensated with reduced working time or higher pay or similar benefits. Similar provisions
fare found in the Night Work Recommendation No. 178 of 1990.
If a worker has to work on a national/religious holiday or a weekly rest day, he/she should be
entitled to compensation. Not necessarily in the same week, provided that the right to a paid
compensation is not.
If a worker has to work during the weekend, they should thereby acquire the right to a rest
period of 24 uninterrupted hours instead. Not necessarily in the weekend, but at least in the
following week. Similarly, if a worker has to work on a public holiday, they must be given a
compensatory holiday. A higher rate of pay for working on a public holiday or a weekly rest day
does not take away the right to a holiday/ rest.

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Regulations on compensation and damage resulting from accidents; to
complete the work whose interruption may
working hours: cause damage. Additionally, the total
number of working hours, including
● Labour Law, 1990 overtime, must not surpass 12 hours in a
single day. The overtime hours are paid at a
Overtime Compensation higher rate, i.e., 150% of the normal hourly
wage.
In Algeria, standard working hours are 40
hours per week over at least five days, with a Source: §22, 23, 25, 26, 31 & 32 of the Labour
maximum 48 hours weekly, including Law,1990
overtime. Daily rest breaks are limited to one
hour, with 30 minutes considered working Night Work Compensation
time. Overtime cannot exceed 20% of regular
hours, except in emergencies, and is In Algeria, work between 9 PM and 5 AM is
compensated at 150% of the normal hourly classified as night work, with rules set by
wage. collective agreements. However, the private
sector framework does not address night
The standard or regular working hours are work, and no premium rate or reduced hours
40 hours a week spread over at least five are stipulated in the labour law.
days a week. The daily rest break cannot
exceed one hour, out of which 30 minutes Under the Labour Law, any work performed
are considered working time. between 9 pm to 5 am is considered night
work. The law also shares that the rules and
The weekly working time may be: conditions of night work, and the related
i. reduced for persons engaged in rights, are determined by collective
particularly arduous or dangerous conventions or agreements. However, the
work or work involving particular applicable Collective Framework
physical or nervous constraints, Agreement for the private economic sector
ii. increased for certain workstations does not address nightwork.
involving periods of inactivity.
The labour legislation does not stipulate a
The collective conventions or agreements premium rate for night workers. Therefore,
set out the list of positions concerned and there is no discussion on a premium rate or
specify the level of reduction or increase in reduced working hours fortnight workers.
effective working hours for each.
Source: §27 of the Labour Law, 1990
A worker may be required to work after
official working hours but without overtime
hours exceeding 20% of the said legal time.
Compensatory Holidays / Rest Days
The overtime hours cannot exceed 8 hours
per week; hence the maximum weekly In Algeria, workers performing duties on
working hours inclusive of overtime would weekly rest days or public holidays are
be 48 hours). However, this time limit would entitled to a compensatory day off and
not apply if, after hours, work is required to premium pay for the hours worked.
prevent imminent accidents or repair
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Workers may perform work on weekly rest
days and public holidays in extraordinary
circumstances. According to the Algerian
Labour Law, workers who work on their
weekly rest days and/or public holidays are
provided a compensatory day off and
premium payment for hours worked.

Source: §36 of the Labour Law, 1990

Weekend / Public Holiday Work

Compensation

In Algeria, workers required to work on

weekly rest days or public holidays are
entitled to compensatory rest of equal
duration and increased pay at 150% of the
normal rate.

Workers may be required to work on weekly

rest days and public holidays. In such
circumstances, when employees have to
work on weekly rest days and/or public
holidays, the worker is entitled to
compensatory rest of similar duration and
has the right to increased pay, equivalent to
overtime pay of 150% according to the
applicable law.

Source: §36 of the Labour Law, 1990

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03/13 ANNUAL LEAVE &
HOLIDAYS

ILO Conventions
Convention 132 (1970) on Holidays with Pay Convention
Conventions 14 (1921), 47 (1935) and 106 (1957) for weekly rest days.
In addition, for several industries, different Conventions apply.

Algeria has ratified the Convention 14 only.

Summary of Provisions under ILO Conventions

An employee is entitled to at least 21 consecutive days of paid annual leave, excluding national
and religious holidays. Collective agreements must provide at least one day of annual leave on
full remuneration for every 17 days the employee worked or was entitled to be paid.
A worker should be entitled to paid leave during national and officially recognized public
holidays.
Workers should enjoy a rest period of at least twenty-four consecutive hours every 7 days, i.e.,
a week.

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Regulations on annual leave and time workers.

holidays: To calculate paid annual leave, a period of

more than fifteen working days during the
● Labour Law, 1990 worker's first month of employment is
● Law No. 63-278 on public holidays considered one month of work. Workers
● Law No. 23-10 of 8 Dhou El Hidja 1444 engaged in especially demanding or
corresponding to June 26, 2023, dangerous employment involving
amending Law No. 63-278 of July 26, particular physical or nervous constraints
1963 establishing the list of legal may get extended leave time.
holidays
Source: §41-45 of the Labour Law, 1990; §6
Paid Vacation / Annual Leave of Ordinance No. 96-21

Algerian Labour Law grants up to 30 days of Pay on Public Holidays

paid annual leave, accrued at 2.5 days per
month worked during a reference period. Public holidays are regulated under law,
Workers in southern regions and those in and are fully paid. The number of public
demanding or dangerous jobs are entitled to holidays in Algeria is around 13. Holidays
additional leave. Seasonal or part-time include 1 May; 5 July (Independence Day); 1
workers earn leave based on 180 working November (Revolution Day); Eid ul Fitr (3
hours, equating to one month. days); Eid ul Adha (3 days); Moharram (1
day); Aashoura (1 day); Birth of Prophet
Labour Relations Law provides for paid Muahammad -PBUH (1 day); 1 January. In
annual leave of a maximum of 30 days. The addition to these public holidays: (1)
right to annual leave is based on the work Christian workers are entitled to holidays on
done during a reference period from 1 July Easter Monday; the Ascension; 15 August
to 30 June of the year preceding the leave. (Assumption); Christmas Day; (2) Jewish
The starting point of the reference period workers are entitled to holidays on Roch
for newly hired employees is the date of Achana; Youm Kippour; Pisah.
hire. Paid leave is calculated at the rate of
two and a half days every month of work, The Muslim holidays are depending on
with a maximum total duration of thirty sighting of the moon and their dates
calendar days per year. Workers in the generally change every year.
wilayas of the south in Algeria are entitled to
additional leave, which cannot be less than Source: §34 of the Labour Law, 1990; §1-4 of
ten days per year of labour. Collective Law No. 63-278 on public holidays; §1 of Law
agreements or conventions establish the No. 23-10 of 8 Dhou El Hidja 1444
requirements for providing this leave. corresponding to June 26, 2023 amending
Law No. 63-278 of July 26, 1963 establishing
When it comes to determining the length of the list of legal holidays.
paid annual leave, any period of twenty-
four working days or four weeks of
employment is comparable to one month of
Weekly Rest Days
work. This period equals one hundred and
eighty working hours for seasonal or part- Workers are entitled to one full day of rest

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every week. Friday is the regular weekly rest
day corresponding to normal working
conditions.

Source: §33 of the Labour Law, 1990

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04/13 CONTRACTS AND
DISMISSALS

ILO Conventions
Convention 158 (1982) on employment termination
Algeria has not ratified the Convention 158.

Summary of Provisions under ILO Convention

The questions under this section measure the security or even flexibility or precariousness of
an employment relationship. Although these are not clearly mentioned in a single convention
(severance pay and notice requirements are provided in the Termination of Employment
Convention No. 158) however, the best practices in the field require that employees be
provided with a written contract of employment; workers on fixed-term contracts should not
be hired for tasks of permanent nature; a reasonable probation period (ideally lower than or
equal to 6 months) may be followed to assess the suitability of an employee; a period of notice
must be specified in an employment contract before severing the employment relationship;
and workers be paid severance allowance on termination of employment relationship.
A contract of employment may be oral or written; however, workers should be provided with a
written statement of employment at the start of their employment.
Fixed Term Contract workers must not be hired for permanent tasks as it leads to precarious
employment.
A reasonable probation period must be allowed for workers to learn new skills. During this
period, a newly hired employee may be fired without any negative consequences.
Depending on the length of service an employee has, an employer may require a reasonable
notice period before severing the employment relationship.
Employers may be required to pay a severance allowance on termination of employment (due
to redundancy or any other reason except for lack of capacity or misconduct).

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Regulations on employment security: • the duration and weekly distribution
of work;
● Labour Law, 1990 • the salary and allowances related to
● Framework Collective Agreement of the workstation;
the Private Economic Sector, 2006 • the duration of the trial period.

When the volume of work available does

Written Employment Contract not need a worker's full-time services or the
worker requests for family reasons or
In Algeria, employment contracts may be personal convenience, which the employer
written or unwritten, but unwritten contracts accepts, that employment contract can be
are deemed indefinite. The Collective concluded for an indefinite period but for
Framework Agreement mandates written part-time, i.e., for an average hourly volume
contracts detailing key terms like workplace, lower than the legal duration of work.
job description, salary, and working hours. Under no circumstances may part-time
Part-time contracts, allowed for valid work be less than half the legal working
reasons, must not be less than half the legal time. Part-time work is considered to be
working time. any work whose duration is less than the
legal working hours, provided that the
According to labour law, the employment duration agreed between the employer and
contract is established in the forms the worker is not less than half of the legal
appropriate for the contracting parties to working hours. Hence, workers working at
adopt. Proof of the contract or the least 20 hours per week are considered
employment relationship can be obtained part-time workers.
by any means. The employment
relationship should arise through a written Source: §8-13 of the Labour Law, 1990; §19
or unwritten contract. The employment of Framework Collective Agreement of the
contract should be considered as an Private Economic Sector, 2006; §2 of the
indefinite contract if it is not provided in Executive Decree No. 97-473 of December 8,
written form. 1997 relating to part-time work

However, the Collective Framework

Agreement requires written particulars to Fixed Term Contracts
be provided to the employee in all cases.
The 2006 Collective Framework Agreement In Algeria, employment contracts are
states that all recruitment should give rise indefinite if unwritten. Fixed-term contracts,
to the establishment of an employment allowed only in specific cases (e.g.,
contract or a letter of engagement which temporary work, seasonal jobs, or replacing
specifies in particular the following absent workers), must state the job's
essential elements: duration and reasons. They are limited to 36
• workplace; months and cannot cover permanent roles.
• the summary description of the Premature termination by the employer,
activity attached to the workstation; except for misconduct or force majeure,
• the start date of the contract and, if it entitles the worker to full compensation until
is a fixed-term contract, the term the contract's end.
thereof;

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 According to labour law, the employment employee to receive his wages, bonuses and
contract shall be considered indefinite if it is allowances until the end of the contract,
not provided in written form. Moreover, the including the severance payment.
contract should be considered for fixed
term, full/part time: Source: §8, 11, 12 & 13 of the Labour Law,
i. when the worker is hired to complete 1990; §25, 26 & 31 of Framework Collective
a contract that involves non- Agreement of the Private Economic Sector,
renewable works or service contracts; 2006; §2 of Ordinance No. 96-21
ii. when it comes to replacing a position
holder (worker on a protected leave) Probation Period
who is temporarily absent but for
whose benefit the employer is In Algeria, the probation period for
compelled to keep the post; permanent contracts is a maximum of six
iii. when it is periodic work of months, extendable to 12 months for highly
discontinuous nature; skilled jobs. The Collective Framework
iv. when there is a surge in demand Agreement sets trial period durations by
(leading to increase in workload) or professional category, with a possible
when seasonal factors justify it; or extension by mutual agreement. During this
v. in the case of activities or jobs that are period, either party can terminate the
by nature temporary or have a limited contract without notice or compensation,
duration. based on professional inadequacy or
unsatisfactory working conditions.
The employment contract should specify
the duration of the job relationship in all of Under the Labour Law, the probation period
these instances and the grounds for the may not exceed six months for permanent
fixed period. contracts. However, that period may be
extended to 12 months in case of high
The employment contract may be skilled job. The trial period is determined by
concluded for a fixed term on a full-time or collective bargaining for each category of
part-time basis, only in the cases expressly worker or for all workers.
provided for by the legislation in force. The
fixed-term employment contract cannot The Collective Framework Agreement states
have the effect of filling a job related to the that a company's collective labour
normal and permanent activity of the agreements will specify the duration of the
company. It is concluded and renewed trial periods by professional category. The
within the limit of a maximum duration of 36 trial period may be extended once by
months. agreement between the employer and the
employee for a period that may not exceed
Except in cases of professional misconduct half of the initial period. The duration of the
resulting in the employee’s dismissal or trial period applicable to the fixed term
cases of force majeure, the fixed-term contract cannot be greater than 1/12th of
contract cannot be terminated by the that fixed for a permanent job with the same
employer before the term fixed for him. Its qualification or classification.
termination by the employer before the
contractual expiry date for reasons other During the trial period, the employment
than those mentioned before, entitles the
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relationship may be terminated by either misconduct:
party, without notice or compensation. The 1. refusal to follow instructions;
free termination of the employment 2. disclosure of company information
contract during the trial period must be 3. participation in unlawful
exclusively linked for the employer, to the strike/stoppage of work;
finding of the employee's professional 4. use of alcohol or drugs at the
inadequacy and for the latter, to the workplace;
working and employment conditions 5. causing material damage to buildings,
notwithstanding any other cause. works, machines, instruments

Source: §18 of the Labour Law, 1990; §21-24 Before laying off employees, employers
& 29 of Framework Collective Agreement of must take every possible step to reduce job
the Private Economic Sector, 2006 losses, such as reducing work hours or
offering transfers.
Employment Termination
Employers cannot hire new workers for the
An employment relationship is terminated same roles they eliminated, and layoffs
in the following cases: must be based on fair criteria like seniority
1. the legal nullity or repeal of the and experience.
employment contract;
2. expiry of the fixed-term contract In case of economic dismissals
3. resignation by employee (redundancy), the 1994 decree outlines the
4. dismissal for disciplinary reasons process for implementing social measures.
5. total incapacity for the worker, as It ensures that employers take a gradual,
defined under the law; structured approach to downsizing and
6. dismissal for economic reasons provides protection for affected employees.
(downsizing or reduction in the The key points include:
workforce) 1. Two-Phase Approach: Employers
7. closure of business must first attempt wage adjustments,
8. retirement retraining, and early retirements
9. death of the worker before considering job cuts.
2. Support for Redeployment:
Before carrying out a reduction in the Employers must explore job
workforce, the employer may resort to all reallocation and state-supported
means in order to reduce the number of programs to help displaced
dismissals through a reduction in working employees.
hours, giving workers the option to work 3. Worker Protection: Employees cannot
part-time, retirement, and transferring be laid off immediately; companies
workers to other activities of the employer. must consult unions, negotiate, and
follow legal steps before any
Dismissal for disciplinary reasons occurs in terminations.
cases of serious misconduct committed by 4. Legal Compliance: Employers must
the worker. Other than the serious submit plans to labor authorities and
misconduct punishable by the Penal Code, may face mediation or arbitration if
the following are considered gross disputes arise.
5. Clear Communication: Employers
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 must inform and consult workers must pay the equivalent of the wages and
(through their trade unions or elected allowances. Dismissed workers are entitled
workers’ representatives, in the to job-search time, and unlawful dismissals
absence of trade union) at every stage can be annulled with compensation for lost
to ensure transparency. wages.

Employers must follow due process before Dismissal entitles a worker who has not
firing an employee. This includes serving committed serious misconduct to a notice
written notice of the termination; holding a period, the minimum duration of which is
hearing where the employee can defend fixed under the collective agreement.
themselves; and allowing the employee to
bring a colleague for support. The collective framework agreement states
that the notice period is increased by five
Where a dismissal violates the provisions of days for each year of service with the same
law, it is automatically presumed unfair, employer to a maximum of 30 days. The law
and the employer must prove otherwise. stipulates that a worker who has not
Employees can challenge unfair dismissal engaged in serious misconduct is entitled to
in court and request reinstatement in their a notice period, the length of which is set in
job and/or seek financial compensation for collective agreements or conventions. The
damages. notice period is increased by five (05) days
per year of seniority in the service of the
On employment termination, the worker same employer, within the limit of thirty (30)
should receive a work certificate indicating days.
the date of recruitment, the date of
termination of the employment In case of resignation by an employee, and
relationship, the positions held and the unless the employee agrees in writing, the
corresponding periods. notice period may not be longer than that
applied for the trial period practiced for the
Source: §69-73 of the Labour Law, 1990; §6- job. Until the expiration of the notice period,
16 of the Preservation of Employment and all the obligations and all the rights
Protection of Salaries during Involuntary attached to the employment contract and
Unemployment Law, 1994 (Legislative its execution continue with regard to the
Decree No 94-09) employee and the employer. The employer
may exempt the resigning employee from
Notice Requirement carrying out the notice period. In this case,
he is required to pay the remuneration and
In Algeria, the notice period for termination allowances of all kinds that the employee
is set by collective agreements, with an would have received if he had completed
increase of five days per year of service, up to the notice period.
a maximum of 30 days. If an employee
resigns, the notice period cannot exceed that During the notice period, the dismissed
of the trial period unless agreed otherwise. worker is entitled to two hours per day to
During the notice period, both parties retain look for another job. The employing
their contractual obligations. If the employer company can discharge him from his duty
exempts the employee from working, they by paying the terminated worker a sum
equivalent to the whole payment he would
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have received during the same period. The calculation of severance pay is based on the
employer's obligation to follow the notice average gross monthly salary of the
period remains unaffected by the preceding 12 months. Furthermore, the
suspension of activities. same employee is admitted to the
unemployment benefits program, which
On the contrary, under the 1996 commences two months after dismissal.
amendments in the Labour Law, if a worker Similarly, redundancy compensation,
is unlawfully dismissed, the competent excluding paid leave, is subject to social
court shall annul the dismissal, direct the security deductions and employer
employer to comply with procedural contributions for the applicable period.
requirements, and award the worker
compensation, at minimum, equal to the Under the 2006 Collective Framework
wages lost during the dismissal period. Agreement, an employee is entitled to
severance pay if he or she is fired for reasons
Source: §66-73 (4, 5 & 6) of the Labour Law, unrelated to significant misconduct and if
1990; §58-60 & 67-69 of the Framework he or she has worked for the same company
Collective Agreement of the Private for at least two years. The severance pay
Economic Sector, 2006 amount cannot be less than 15 days' wages
per year of service, computed on the basis
Severance Pay of the last salary, including bonuses and
allowances related to the job. In the event of
In Algeria, severance pay is governed by the economic dismissal/workforce reduction,
Labour Law (1990) and the 1994 Preservation the redundancy pay is equal to 3 months'
of Employment Law. Employees dismissed wages.
due to workforce reduction are entitled to
three months' salary, calculated based on Source: §72 of the Labour Law, 1990; §22-24
the average monthly salary of the previous & 35 of the Preservation of Employment and
12 months. Additionally, employees fired for Protection of Salaries during Involuntary
reasons other than significant misconduct Unemployment Law, 1994 (Legislative
and with at least two years of service are Decree No 94-09); §63 of the Framework
entitled to severance pay of at least 15 days' Collective Agreement of the Private
wages per year of service. Redundancy pay is Economic Sector, 2006
subject to social security deductions and
employer contributions.

Severance pay is regulated under the

Labour Law, 1990, and Preservation of
Employment and Protection of Salaries
during Involuntary Unemployment Law,
1994.

Under the 1994 law, an employee who is

dismissed due to workforce reduction is
entitled to three months’ salary payable by
the employer at the time of dismissal. The

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05/13 FAMILY
RESPONSIBILITIES

ILO Conventions
Convention 156: Workers with Family Responsibilities Convention (1981) Recommendation
165: Workers with Family Responsibilities (1981)
Algeria has not ratified the Convention 156.

Summary of Provisions under ILO Convention

Paternity leave is for new fathers around the time of childbirth and is usually of shorter
duration.
Recommendation (No. 165) provides for parental leave as an option available to either parent
to take a long leave of absence (paid or unpaid) without resigning from work. Parental leave is
usually taken once the maternity and paternity leave have been exhausted. For working
parents, laws may define the portion of parental leave that has to be compulsorily taken by
fathers or mothers.
Flexible Work Option for Parents / Work-Life Balance Recommendation 165 asks employers to
look into the measures for improving general working conditions through flexible work
arrangements.

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Regulations on family employer agrees. There is a separate decree
on part-time work (Executive Decree No. 97-
responsibilities: 473 of December 8, 1997, relating to part-
time work), which allows a full-time worker
● Labour Law, 1990 to shift to part-time work for reasons of
● Framework Collective Agreement of personal convenience, subject to the
the Private Economic Sector, 2006 employer's agreement.

Paternity Leave Source: §13 of Labour Law, 1990

In Algeria, the law grants three days of paid

leave for family events like childbirth, death,
and marriage, with details outlined in
collective agreements.

The law provides three days of paid leave in

case of certain family events such as
childbirth, death, and marriage. Other
instances include: the marriage of one of the
worker's descendants; compassionate
leave in the event of death of an ascendant,
descendant, and sibling of the worker or his
spouse, death of the worker's spouse, and in
the case of circumcision of the worker’s
child. The company's collective agreements
and/or other agreements determine the
methods of application in this regard.

Source: §54 of the Labour Law, 1990; §49 of

Framework Collective Agreement of the
Private Economic Sector, 2006

Parental Leave

No provisions could be located in the law

allowing parental leave for parents after the
exhaustion of maternity leave and paternity
leave.

Flexible Work Option for Parents /

Work-Life Balance

The labour law allows part-time work if the

active worker requests it for reasons of
family or personal convenience and the
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06/13 MATERNITY & WORK

ILO Conventions

An earlier Convention (103 from 1952) prescribed at least 12 weeks maternity leave, 6 weeks
before and 6 weeks after birth. However, a later convention (No. 183 from year 2000) requires
that maternity leave be at least 14 weeks, of which a period of six weeks of compulsory leave
should be after childbirth.

Algeria has not ratified the Conventions 103 and 183.

Summary of Provisions under ILO Convention

A worker should be entitled to medical and midwife care during pregnancy and maternity leave
without additional cost.
During pregnancy and while breastfeeding, a worker should be exempt from work that might
bring harm to you or your baby.
The total maternity leave should last at least 14 weeks.
During maternity leave, a worker’s income should amount to at least two-thirds of your
preceding salary.
During pregnancy and maternity leave, a worker should be protected from dismissal or any
other discriminatory treatment.
Workers have the right to return to the same or equivalent position after availing maternity
leave.
After childbirth and re-joining work, a worker must be allowed paid nursing breaks for breast-
feeding the child.

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Regulations on maternity and work: are granted to self-employed female
workers and the spouse of a male worker,
● Labour Law, 1990 provided that she does not exercise a
● ISSA Country Profile for Algeria professional activity.
● Social Insurance Act, 1983
● Presidential Decree No. 05-117 Source: ISSA Country Profile for Algeria; §4,
concerning measures of protection 26, 56 & 57 of Social Insurance Act, 1983
against ionising radiations, as
amended up to Decree No. 07-171, 2 No Harmful Work
June 2007
● Executive Regulation under the No provisions could be located in Labour
Labour Relations Law (GPC Resolution Law regarding the prohibition of arduous
No. 595 of 2010) and hazardous work to women during
pregnancy and after childbirth to protect
Free Medical Care the mother and child. However, a decree
orders that any pregnant workers who
In Algeria, female workers registered under occupy a post involving exposure to ionising
the social insurance system are entitled to radiations shall be transferred to a different
medical benefits during maternity, provided job. Also, breastfeeding mothers shall not
they meet specific employment duration work in a post where a risk of contamination
requirements. Full medical benefits, may exist.
including 100% reimbursement for medical
and pharmaceutical expenses, are Source: Presidential Decree No. 05-117
guaranteed, along with hospitalization concerning measures of protection against
coverage for up to 8 days. Self-employed ionising radiations, as amended up to
women and the wives of male workers, under Decree No. 07-171, 2 June 2007
certain conditions, are also entitled to these
benefits. Maternity Leave

A worker registered under the social In Algeria, female workers are entitled to 14
insurance system and subject to certain weeks of paid maternity leave, with six
qualifying conditions is entitled to medical weeks for prenatal leave and eight weeks for
benefits during maternity. The female postnatal leave, upon submission of a
worker must have been employed for at medical certificate. Self-employed women
least 15 days (or 100 hours) in the last three must meet certain social insurance coverage
months or 60 days (or 400 hours) in the last requirements and notify the National Social
12 months before receiving the medical Security Fund six months before the expected
services for which reimbursement is delivery date. Full maternity care coverage
claimed. Full medical benefits are requires completing four prescribed medical
guaranteed to women workers covered by examinations.
the Social Insurance Act. Hospitalisation
costs are guaranteed for a maximum of 8 Maternity leave is provided and regulated
days. The female worker is also entitled to under the Social Insurance Act. No
100% reimbursement for medical and provisions regarding pregnancy inquiry and
pharmaceutical expenses. The same rights its prohibition during recruitment could be

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found in the labour law. leave is paid through the social insurance
system. The financing of the social security
When a woman submits a medical benefits costs will be assured by a part of
certificate confirming the expected the compulsory contribution, paid by both
maternity date, she is entitled to 14 weeks employers and employees.
of paid maternity leave. The length of pre-
natal leave is six weeks while the post-natal Under the Law on Social Security, female
leave is eight weeks. workers are entitled to social insurance
benefits through the Social Security
In the case of a self-employed person, a Fund. To receive benefits under the
minimum of 15 days of coverage in the last legislation, a worker must be in
three months is required. Coverage may be employment for at least 15 days in the last
increased until the end of the calendar year three months or 60 days in the last 12
following the termination of employment. months before the first medical certification
The insured worker must notify the National of the pregnancy. The cash maternity
Social Security Fund for Nonwage Earners benefit is 100% of the worker’s last daily
six months before the projected date of wage, payable for up to 14 weeks, including
delivery and the expectant woman must six weeks before the expected date of
complete four prescribed medical childbirth.
examinations in order to get full coverage
for maternity care. Source: ISSA Country Profile for Algeria; §28
& 72 of Social Insurance Act, 1983
Source: ISSA Country Profile for Algeria; §29
of Social Insurance Act, 1983 Protection from Dismissals

Income No provisions could be located regarding

protection from dismissal during
Under Algeria's Social Insurance Act, pregnancy.
maternity leave is fully paid, with workers
receiving their full wages through the social Right to Return to Same Position
insurance system. To qualify, female workers
must have been employed for at least 15 There is no specific provision in the law
days in the last three months or 60 days in the granting a worker the right to return to the
last 12 months before receiving the first same position after her maternity leave.
medical certification of pregnancy. The
maternity benefit, equal to 100% of the
worker's last daily wage, is provided for up to Nursing Breaks
14 weeks, including six weeks prior to
childbirth. No provisions could be located.

In line with the Social Insurance Act,

maternity leave is a fully paid leave, and
workers are entitled to their full wages
during such leave. In this case, maternity

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07/13 HEALTH & SAFETY

ILO Conventions

Most ILO OSH Conventions deal with very specific Occupational Safety hazards, such as
asbestos and chemicals.
Convention 155 (1981) is the relevant general convention here.
Labour Inspection Convention: 81 (1947)

Algeria has ratified both the Conventions 81 and 155.

Summary of Provisions under ILO Conventions

The employer, in all fairness, should make sure that the work process is safe.
The employer should provide protective clothing and other necessary safety precautions for
free.
Workers should receive training in all work-related safety and health aspects and must have
been shown the emergency exits.
In order to ensure workplace safety and health, a central, independent and efficient labour
inspection system should be present.

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Regulations on health and safety: Workplaces including canteens,
bathrooms, and changing rooms, which
● Law no. 88-01 of January 6, 1988 must be sanitary, well-maintained, and
relating to hygiene, to safety and properly equipped.
occupational health
● Framework Collective Agreement of In order to create a healthy work
the Private Economic Sector, 2006 environment, a workplaces must provide
● Executive Decree No. 02-427 of proper ventilation, lighting, and heating;
December 7, 2002 relating to the protection from dust and waste;
conditions for organizing the washrooms, showers, and access to clean
instruction, information and training drinking water; and dedicated rest areas
of workers in the field of occupational where employees can take breaks in a
risk prevention suitable space. The enterprise annexes and
● Law No. 90-03 of February 6, 1990 buildings must be fitted and designed to
relating to Labor inspection ensure the safety of workers by
● Executive Decree No. 05-05 of January guaranteeing protection against fumes,
6, 2005 relating to the organization dangerous vapours, toxic gases and noise.
and operation of the general labour It should also provide protection against
inspection congestion, the safety of workers during
the start-up of machinery and means of
handling and transport, precautions to
Employer Cares prevent fire and explosion as well as
provide firefighting response.
The OSH law mandates employers to
maintain a safe and hygienic workplace, Employers are obligated to place workers
providing essential facilities such as out of hazard and danger zones and also
changing rooms, washrooms, and drinking ensure swift evacuation of workers in times
water. Employers are responsible for of peril and disaster. The law states that
preventing hazards like toxic gases, noise, workers must benefit from special clothing,
and fires, ensuring safety through equipment and individual protection
equipment, protective devices, and regular devices in accordance with the nature of
checks on machinery. The Collective the activity and the risks. The employing
Framework Agreement reinforces these organisation is obligated to ensure
obligations, ensuring strict adherence to workers’ safety by the choice of techniques
health, hygiene, and safety regulations and and technologies. The installations,
guaranteeing the quality of protective machines, and all means of work to which
equipment for workers. the workers may be exposed are subject to
periodic checks and maintenance. Further,
The OSH law provides general rules on the use of instalments and machinery that
workplace hygiene and safety. Under the do not meet national and international
law, the employer is bound to ensure the standards is prohibited.
health and safety of the employees.
The Collective Framework Agreement also
The workplaces assigned to the workers obliges the employer to ensure strict
should be clean. The work atmosphere application of rules on health, hygiene and
must be comfortable and hygienic. safety at workplace, in particular the
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application of the provisions of the must be able to prevent risks to which
legislation and regulations in force in the workers may be exposed. They must be
matter. The company collective agreement subject to periodic checks and maintenance
determines the terms and conditions of measures of a nature to maintain them in
application of this article. Moreover, good working order, to guarantee the safety
employers must ensure the quality and of work.
effectiveness of individual and collective
protective equipment and seek the most Source: §6 & 7 of Law no. 88-07 of January
appropriate means to ensure worker safety. 26, 1988 relating to hygiene, to safety and
occupational health
Source: §2-8 of Law no. 88-07 of January 26,
1988 relating to hygiene, to safety and Training
occupational health; §135 & 136 of
Framework Collective Agreement of the Under the OSH law, employers must
Private Economic Sector, 2006 organize training for workers based on the
identified risks, in collaboration with health
Free Protection and safety experts. The training covers
workplace risks and accident response
The OSH Law mandates employers to measures. The Collective Framework
provide personal protective equipment (PPE) Agreement also requires employers to
to workers engaged in hazardous tasks, implement safety functions and awareness
ensuring effective protection based on job- programs to ensure worker protection in
specific risks. Employers must integrate health, safety, and occupational medicine.
safety into workplace technologies and
techniques, ensuring that tools, machines, Under the OSH law, depending on the
and installations are suitable and regularly frequency and severity of the risks observed
maintained to prevent potential hazards. by anybody or a structure or person
competent in the matters of hygiene, safety
OSH Law requires employers to provide and occupational medicine, specific
personal protective equipment (means of training actions are to be organized for the
protection) to workers involved in workers for the purposes of prevention.
hazardous and risky work. Depending on
the nature of the job and the hazards, the Furthermore, an Executive decree provides
worker must benefit from specialised that the employer must organize for the
clothing, equipment, and technologies for benefit of workers, and in collaboration
personal protection that have been proven with the Health and Safety Commission and
to be effective. the occupational physician, instruction,
information and training actions, on the
The employing organization is required to risks linked to the various operations
integrate worker safety in the choice of involved in the context of their work and on
techniques and technologies at the the measures to be taken in the event of an
workplace. Installations, machines, accident or disaster.
mechanisms, devices, tools, machines,
materials, and all means of work must be The Collective Framework Agreement also
suitable for the work to be carried out and obliges employers to implement the most

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appropriate safety functions and worker decentralized structures. The central
awareness programs in the areas of structures of the general labour inspection
employers to implement the most include —
appropriate safety functions and worker I. the management of professional
awareness programs in health and safety relations and monitoring of
and occupational medicine. working conditions;
II. the administration and training
Source: §22 of Law no. 88-07 of January 26, department.
1988, relating to hygiene, to safety and
occupational health; §3 of Executive Decree The professional relations department and
No. 02-427 of December 7, 2002 relating to monitoring working conditions is
the conditions for organizing the responsible:
instruction, information and training of i. to monitor and evaluate the social
workers in the field of occupational risk situation and prepare periodic reports
prevention; §136 of Framework Collective ii. to ensure the application of legislation
Agreement of the Private Economic Sector, and current regulations,
2006 iii. to initiate and implement all measures
likely to contribute to the prevention of
Labour Inspection System collective work conflicts and to ensure
the establishment of mechanisms and
The General Labour Inspectorate oversees instruments likely to promote social
the implementation of labour regulations dialogue and consultation between the
and monitors working conditions through different partners within the premises
central and decentralized structures. It work,
ensures legal compliance, improves working iv. to ensure the files of the collective
conditions, and fosters social dialogue. The labour agreements and agreements,
central structures manage professional v. to initiate any action aimed at
relations and training, while decentralized improving working conditions, in
structures include regional and wilayah particular through the development
labour inspectorates. Personnel are and implementation of a prevention
appointed according to regulations, and the and control strategy in terms of
inspectorate manages resources and hygiene, safety and health care work,
staffing in collaboration with relevant vi. to contribute to the implementation of
authorities. consultation actions between the
labour inspection services and the
The general labour inspectorate is partners and institutions concerned in
responsible for designing and the different areas of monitoring the
implementing the measures and means application of the labour standards in
necessary to carry out the missions force.
assigned to the labour inspectorate by the
legislation and regulations in force. The decentralized structures of the general
labour inspection include:
Under the authority of the general labour I. regional labour inspectorates
inspector, the general labour inspectorate II. wilaya labour inspections
includes central structures and III. labour inspection offices.

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The general labour inspector, the directors
and deputy directors as well as the heads of
studies belonging to the central structures
of the general labour inspectorate are
appointed by decree in accordance with the
regulations in force. Regional labour
inspectors and wilaya labour inspectors are
appointed by order of the minister
responsible for labour on the proposal of
the general labour inspector.

The general labour inspector exercises

hierarchical power over all personnel of the
general labour inspectorate.

Under the authority of the general labour

inspector, the general labour inspectorate
manages, within the framework of the
legislative and regulatory provisions in
force, the human, material and financial
resources made available to it. The regional
labour inspectorates and the wilaya labour
inspectorates may, in accordance with the
regulations in force and by delegation of
the general labour inspector, have the
necessary credits for their operation.

The staffing levels of the general labour

inspection and its decentralized structures
are set by joint order of the minister
responsible for labour, the minister
responsible for finance and the authority
responsible for the public service.

Source: §2-5, 18, 27, 28, 34, 35 & 38 of

Executive Decree No. 05-05 of January 6,
2005 relating to the organization and
operation of the general labour inspection;
Law No. 90-03 of February 6, 1990 relating
to labour inspection

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08/13 SICK LEAVE &
EMPLOYMENT INJURY BENEFIT

ILO Conventions

Social Security (minimum standards): Convention 102 (1952)

Employment Injury Benefits: Conventions 121 (1964),
Medical Care and Sickness Benefits: Convention 130 (1969)

Algeria has not ratified the Conventions 102, 121 and 130.

Summary of Provisions under ILO Conventions

A worker’s rights to work and income should be protected when illness strikes. The national
labour law may provide that sickness benefits may not be paid during the first 3 days of your
absence. Minimally, a worker should be entitled to an income during the first 6 months of
illness. This income should be at least 45 per cent of the minimum wage. (Countries are free to
opt for a system which guarantees 60 per cent of the last wages during the first 6 months of
illness or even during the first year). A worker must be entitled to paid sick leave.
A worker should be entitled to medical care without any additional cost during illness.
Employees and their family members should have access to the necessary minimal medical
care at an affordable cost.
During the first 6 months of illness, a worker should not be fired.
If a worker is disabled due to an occupational disease or accident, they must receive a higher
benefit. In the case of temporary or total incapacity/disability, a worker may at least be
provided 50% of his average wage, while in the case of fatal injury, the survivors may be
provided 40% of the deceased worker’s average wage in periodical payments.

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Regulations on sick leave & Medical Care
Employment Injury Benefits:
The medical care benefits package includes
● Social Insurance Act, 1983 medical care, surgery, hospitalization, and
● ISSA Country Profile for Algeria other services, with medical expenses
● Labour Law, 1990 reimbursed at 80% or 100% for specific
conditions such as chronic diseases, job
injuries, or for elderly/disabled pensioners
Income with low income.

Under the Social Insurance Act 1983, workers Medical care, surgery, hospitalization,
are entitled to paid sick leave, with different medicine, laboratory services,
wage replacement rates. Benefits are ophthalmological and optical services,
calculated based on the minimum legal some dental care, functional and
wage and normal working hours. vocational rehabilitation, prosthesis,
specialty therapies, and transportation are
Under the Social Insurance Act 1983, a all included in the benefits package.
worker is entitled to paid sick leave if the
sickness is established and determined by For many types of illness, government
the concerned medical authority. The hospitals give free medical care for an
sickness benefit is paid as specified under indefinite period of time. However, some
the Social Insurance Act. Workers are categories may need cost contribution.
entitled to paid sick leaves as follows: Medical expenses are reimbursed 80%, and
100% if the insured has an approved
1. 50% of the insured worker’s monthly chronic disease, is a job injury claimant
earnings are paid in the first 15 days of with a degree of disability greater than 50%
sickness or is an elderly or disabled pensioner with
2. 100% of the earnings are paid from the monthly revenues below the legal monthly
16th day up to three years minimum wage.
3. 100% of the insured worker’s net daily
earnings is paid from the first day of Source: ISSA Country Profile for Algeria; §7-
work stoppage in the event of long 8 of the Social Insurance Act, 1983 (Law No.
illness and hospitalisation. 83-11)

The minimum daily earnings used to

calculate benefits are the legal hourly
Job Security
minimum wage multiplied by the insured
worker’s normal working hours. Workers are automatically reinstated in their
jobs or positions with equivalent
Source: ISSA Country Profile for Algeria; §7- remuneration after exhausting their sick
8 & 14-16 of the Social Insurance Act, 1983 leave.
(Law No. 83-11)
The workers are automatically reinstated in
the job after exhausting their sick leave, or
in a position with equivalent remuneration
at the end of the periods that motivated the

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suspension of the employment assessed degree of disability is paid. A lump
relationship. sum is paid if the assessed degree of
disability is less than 10%. The minimum
Source: §65 of the Labour Law, 1990 annual earnings used to calculate benefits
are 2,300 times the legal hourly minimum
Disability / Work Injury Benefit wage. In case of constant-attendance, 40%
of the permanent disability pension is paid
Work injury benefits are provided under the if the insured worker requires the constant
Social Insurance Act of 1983 and cover attendance of others to perform daily
various injury classifications, including functions.
permanent total or partial incapacity,
temporary disability, and fatalities. Workers In the case of temporary disability, from the
receive compensation based on their day the disability began until full recovery
earnings prior to the injury, with permanent or certification of permanent disability, the
total incapacity entitling them to 100% of insured worker receives 100 per cent of his
their average monthly earnings, while or her net daily wages. (The employer pays
temporary disability provides full daily the first day's benefit.) The legal monthly
wages until recovery. In the event of death, minimum wage is 1/30th of the minimum
survivors such as widows, orphans, and daily earnings calculated for benefits.
dependent parents receive a percentage of
the deceased worker's pension, along with a In the event of a worker’s death due to a
lump sum payment. The survivor pension is fatal injury, survivors are entitled to certain
capped at 90% of the deceased's earnings. benefits. A widow of any age, orphans
under the age of 18 (age 25 if an apprentice
Work injury benefits are funded through a with earnings up to half the legal monthly
social insurance system regulated by the minimum wage, age 21 if a student, no age
Social Insurance Act of 1983. To qualify for limit if disabled or a dependent daughter,
work injury benefits, the worker must be niece, or sister without income), and
assessed with a work injury or occupational dependent parents or parents-in-law with
disease. There is no minimum qualifying income less than the monthly minimum
period. Workers who face accidents that old-age pension are all eligible survivors.
occur while commuting to and from work
are covered. The widow receives 75 per cent (50 per cent
if there are other survivors) of the old-age or
Work injuries may be classified on the basis disability pension the deceased received or
of their consequences as those resulting in: was entitled to. If there are multiple
(i) permanent total incapacity (ii) widows, the pension is divided equally. If
permanent partial incapacity (iii) temporary there is more than one other qualified
incapacity and (iv) fatal injury leading to survivor, 30 per cent of the deceased
death of a worker. worker's old-age or disability pension is
provided likewise, if there is more than one
In the case of permanent total incapacity, other eligible survivor, 40 per cent is split
100% of the insured worker’s average evenly. If there is no widow(er), an orphan
monthly earnings in the 12 months before receives 45 per cent of the old-age or
the disability began multiplied by the disability pension the deceased received or
was entitled to, and a dependent parent
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receives 30 per cent. In addition, a lump
sum payment equal to 12 times the
deceased worker's highest monthly
earnings in the year preceding death is
made. The insured receives a lump sum
payment equal to his or her final year's
covered earnings.

The death benefit is divided equally among

the survivors who are qualified. The death
benefit equals 12 times the legal monthly
minimum salary (75 per cent for inactive
contributors). The maximum combined
survivor pension equals 90% of the
deceased's average monthly earnings for
the 12 months preceding the accident or
sickness.

Source: ISSA Country Profile for Algeria; Law

No. 83-13 of July 2, 1983 on work accidents
and occupational diseases

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09/13 SOCIAL SECURITY

ILO Conventions

Social Security (minimum standards): Convention 102 (1952). For several benefits, somewhat
higher standards have been set in subsequent Conventions
Employment Injury Benefits: Conventions 121 (1964),
Invalidity, Old age and survivors’ benefits: Convention 128(1967)
Medical Care and Sickness Benefits: Convention 130 (1969)
Unemployment Benefits: Convention 168 (1988).

Algeria has not ratified the above-mentioned Conventions.

Summary of Provisions under ILO Conventions

In the normal circumstances, the pensionable age may not be set higher than 65 years of age.
If retirement age is fixed above 65 years, it should give “due regard to the working ability of
elderly persons” and “demographic, economic and social criteria, which shall be demonstrated
statistically”. Pension can be set as a percentage of the minimum wage or a percentage of the
earned wage.
When the breadwinner has died, the spouse and children are entitled to a benefit, expressed
as a percentage of the minimum wage, or a percentage of the earned wage. This must at least
be 40% of the reference wage.
For a limited period of time, the unemployed has a right to unemployment benefit set as a
percentage of the minimum wage or a percentage of the earned wage.
Invalidity benefit is provided when a protected person is unable to engage in a gainful
employment, before standard retirement age, due to a non-occupational chronic condition
resulting in disease, injury or disability. Invalidity Benefit must at least be 40% of the reference
wage.

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Regulations on social security: years of paid contributions. The qualifying
age is reduced to 59 years with at least 32
● Social Insurance Act,1983 years of paid or credited contributions. A
● ISSA Country Profile for Algeria year of paid contributions is defined as a
period of at least 180 days during which the
insured worked.
Pension Rights
For people who work in physically
The Social Insurance Act of 1983 provides an demanding or unhealthy jobs, as well as
old-age pension for workers at the veterans with disabilities, the retirement
superannuation age, funded by age is lowered by one year for each child a
contributions from workers, employers, and woman has raised for at least nine years (up
the government. The qualifying age for a full to three children). In case the insured
pension is 60 for males and 55 for females, worker lacks the required number of years
with at least 15 years of paid or credited of paid service, he or she can continue
contributions. The pension is calculated at working for up to five years to meet the
2.5% of the average monthly earnings from requirement.
the last five years or the highest earnings in
total work history, multiplied by the number The old-age pension is calculated as per the
of paid contribution years. The maximum following formula: 2.5% of the insured
monthly pension is capped at 15 times the worker’s average monthly earnings in the
legal minimum wage. Self-employed last five years before retirement or the
workers have a similar formula based on the highest five years of earnings in total work
last ten years. A retirement allowance is history multiplied by the number of years of
available for workers who don't meet the full paid contributions. The maximum monthly
work requirements. old-age pension is 15 times the legal
monthly minimum wage. The minimum old
The Social Insurance Act of 1983 provides age pension is 75% of the applicable
an old-age pension for workers once they minimum wage in the country. The
reach the superannuation age. The old-age maximum old-age pension can be 15 times
pension is funded through a social the legal monthly minimum wage.
insurance system where worker (7% of
insured worker gross monthly covered However, in the case of a self-employed
earnings), employer (11.25% of the gross person, an old-age pension is calculated as
covered monthly payroll) and government per the following formula: 2.5% of the
(subsidizes the minimum pension) insured worker’s average monthly earnings
contribute to the system. The old-age in the last ten years before retirement or the
pension is also available for self-employed highest 10 years earnings in total work
workers, provided that they pay history multiplied by the number of years of
contributions at 7.5% of the gross monthly paid contributions. The maximum monthly
earnings. old-age pension is 80% of the insured
worker’s average monthly covered
For a full pension, a male worker must have earnings.
attained 60 years of age (55 years for female
workers) with at least 15 years of paid or Moreover, the annual retirement pension
credited contributions, including at least 7.5 must now meet or exceed the annual
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amount of the guaranteed national apprentice with monthly earnings up to half
minimum wage. Additionally, a retirement the legal monthly minimum wage; age 21 if
allowance is established for workers aged a student; no limit if disabled or a
at least sixty (60) years who have not dependent daughter, niece, sister, or aunt);
fulfilled the required working time and dependent parents with monthly
condition but have validated a minimum of income below the minimum monthly old-
five (5) years or twenty (20) quarters of age pension. The minimum monthly old-
work. This retirement allowance must be at age pension is 75% of the legal monthly
least 75% of the annual amount of the minimum wage. The survivor pension is
guaranteed national minimum wage, with payable abroad under a reciprocal
the State responsible for covering the agreement.
difference between this allowance and the
minimum amount required. Spouse’s (widow(er)) pension is 75% (50% if
there are other survivors) of the old-age or
Source: ISSA Country Profile for Algeria; Law disability pension the deceased received or
No. 23-11 of June 26, 2023 amending and was entitled to receive. If there is more than
supplementing Law No. 83-12 of July 2, 1983 one widow, the pension is split equally.
relating to retirement; §6-12, 16 & 47 of the
Law No. 83-12 of July 2, 1983 For one other eligible survivor, 30% of the
old-age or disability pension the deceased
Dependents' / Survivors' Benefit received or was entitled to receive is paid.
40% is split equally if there is more than one
The Social Security legislation provides other eligible survivor. If there is no
survivors' benefits funded by the same widow(er), 45% of the old-age or disability
source as old-age and disability pensions. pension the deceased received or was
Eligible survivors include widows, orphans, entitled to receive is paid to a full orphan
and dependent parents. The spouse receives and 30% to a dependent parent.
75% of the deceased’s pension (50% if other
survivors exist), with the maximum The maximum combined survivor pension
combined survivor pension capped at 90%. is 90% of the old-age or disability pension
In case of death, a lump sum is paid, equal to the deceased received or was entitled to
12 times the deceased's highest monthly receive. Death grant involves payment of a
earnings from the year before death. The lump sum of 12 times the deceased’s
survivor pension is also payable abroad highest monthly earnings in the year before
under reciprocal agreements. death.

The Social Security legislation stipulates Source: ISSA Country Profile for Algeria;
survivors’ benefits. These have the same §47-50 of the Social Insurance Act, 1983
funding source as old age pension and (Law No. 83-11)
invalidity benefits. The qualifying condition
is that the deceased worker either received Unemployment Benefits
or was entitled to receive old age or
disability pension. The eligible survivors In Algeria, workers qualify for
would include widow(er)s of any age; unemployment benefits if they meet certain
orphans younger than age 18 (age 25 if an conditions, such as involuntary

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unemployment, at least three years of benefit as well as the commitments of
contributions, no income from work, and a beneficiaries.
two-month job search. Benefits are
calculated at 50% of the salary earned in the Invalidity Benefits
last 12 months. Benefits are provided for up
to 36 months, based on contributions. The Social Security legislation provides
invalidity benefits for workers who suffer
A worker qualifies for unemployment non-occupational accidents, injuries, or
benefits under Algerian labour legislation, if diseases resulting in permanent disability.
they: Workers with at least a 50% loss of work
i. are involuntarily unemployed capacity and sufficient work history (60 days
ii. have at least three years of in the last 12 months or 180 days in the last
contributions, including six months three years) are eligible for disability
immediately before unemployment benefits. The pension is based on 80% of the
iii. have not received income from any insured’s average monthly earnings from the
work-related activity, and highest three years of their work life.
iv. have been looking for work for at
least two months. The Social Security legislation provides for
invalidity benefits in the case of non-
Also, the previous employer must have paid occupational accident/injury/disease
all required social security contributions. resulting in permanent invalidity. The
legislation provides for both the invalidity
A worker is entitled to 100% of the reference pension and disability settlement.
salary during the first period, 80% during
the second, 60% in the third and 50% during The qualifying conditions surrounding
the last period. The benefit is calculated invalidity benefits involve a worker with an
using 50% of the salary earned in the last 12 assessed loss of work capacity of at least
months and the legal monthly minimum 50% and has at least 60 days of employment
wage. The benefits are paid for two months in the last 12 months or 180 days in the last
for each year of contribution, for up to 36 three years before the disability. Constant
months. attendance allowance is paid if the
insured requires the constant attendance of
In 2022, the Algerian government others to perform daily functions. To attain
introduced unemployment benefits for partial disability benefit, a worker must
young adults. The payments to jobseekers have an assessed loss of work capacity of at
aged between 19 and 40 are aimed at least 10% but less than 50%. The disability
preserving “the dignity of young people.” pension ceases at the normal retirement
The eligible unemployed youth can collect age and is replaced by an old-age pension of
the payments , as well as some medical at least the same amount.
benefits until they find work.
In the case of permanent total incapacity,
Source: ISSA Country Profile for Algeria; 80% of the insured’s average monthly
Executive Decree No. 23-60 of January 26, earnings in the last year or the highest three
2023 amending Executive Decree No. 22-70 years of earnings in their total work life,
of February 10, 2022 setting the conditions, whichever is greater, is paid. In case an
modalities and amount of unemployment
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employer needs constant attendance due
to his disability, 40% of the disability
pension is paid as an allowance. In the case
of permanent disability, the minimum
monthly disability pension is 75% of the
monthly minimum wage. The same benefits
are provided to self-employed persons after
45 days of waiting. The maximum monthly
disability pension for a self-employed
person is eight times the legal monthly
minimum wage.

Source: ISSA Country Profile for Algeria;

§31-43 of the Social Insurance Act, 1983
(Law No. 83-11)

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10/13 FAIR TREATMENT
ILO Conventions

Convention 111 (1958) lists the discrimination grounds which are forbidden.
Convention 100 (1952) is about Equal Remuneration for Work of Equal Value.
Convention 190 (2019) is about elimination of violence and harassment in the world of work.

Algeria has ratified the Conventions 100 and 111 only.

Summary of Provisions under ILO Conventions

At workplaces, equal pay for men and women for work of equal value is a must, regardless of
marital status. Pay inequality based on race, colour, sex, religion, political opinion, national
extraction/place of birth or social origin is also forbidden. A transparent remuneration system
and a clear matching of pay and position should be in place to help prevent wage
discrimination.
Convention No. 190 recognises the right of everyone to a world of work free from violence and
harassment. It defines violence and harassment as “a range of unacceptable behaviours and
practices, or threats thereof, whether a single occurrence or repeated, that aims at, result in,
or are likely to result in physical, psychological, sexual or economic harm, and includes gender-
based violence and harassment”. This definition covers physical abuse, verbal abuse, bullying
and mobbing, sexual harassment, threats and stalking, among other things.
An employer can’t discriminate against a worker in any aspect of employment (appointment,
promotion, training and transfer) on the basis of union membership or participation in union
activities, filing of a complaint against an employer, race, colour, sex, marital status, family
responsibilities, pregnancy, religion, political opinion, national extraction or social origin,
temporary absence due to illness, age, trade union membership, disability/HIV-AIDS, or
absence from work during maternity leave. (Conventions 111, 156, 158, 159 and 183)
People have the right to work and there can’t be occupational segregation on the basis of
gender.

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Regulations on fair treatment: under the following circumstances: where
the victim is under 16 years of age; the
● Algeria’s Constitution, 2020 offender has taken advantage of the
● Labour Law, 1990 victim’s vulnerability, ill-health, infirmity, or
● Penal Code, 1996 physical or mental impairment; the victim is
pregnant; the offence is committed in the
presence of minors; or the victim is
Equal Pay threatened with a weapon. The 2015
amendment in the Penal Code provides for
The Labour Law mandates that employers imprisonment of one to three yeasr and a
ensure equal pay for work of equal value and fine of 100,000DA to 300,000DA for
prohibits any form of compensation perpetrators of sexual harassment.
discrimination.
Source: §333-bis and 341-bis of Penal Code,
The Labour Law stipulates that every 1996 (Loi n° 15-19 du 30 décembre 2015)
employer is required to ensure equal pay for
work of equal value, without discrimination.
Non-Discrimination
Source: §84 of the Labour Law, 1990
The Algerian Constitution prohibits
discrimination based on race, birth, gender,
Sexual Harassment opinion, or other personal or social
conditions, ensuring equal protection under
The Algerian Penal Code criminalises sexual the law for all citizens. Similarly, labour law
harassment, including workplace protects workers from discrimination in
harassment, with imprisonment or a fine. employment, mandating that contracts or
Harassment is defined as abusing authority agreements cannot establish discriminatory
to demand sexual favours and includes terms based on factors like age, sex, marital
actions in public spaces. Harsh penalties status, political views, or union membership.
apply if the victim is underage, vulnerable, Any employment agreement based on these
pregnant, or threatened with a weapon. factors is considered null and void.

The Algerian Penal Code criminalises sexual Following the Algerian Constitution, the
harassment with imprisonment or a fine. state must prohibit discrimination on race,
The Penal Code defines Sexual harassment the basis of birth, gender, opinion, or any
as abusing the authority conferred by a other personal or social condition or
person’s function or profession in order to situation. The Constitution further states
threaten, impose constraints, or exercise that all citizens are equal before the law
pressure on another person for the purpose and would be guaranteed the right to equal
of obtaining sexual favours. It also includes protection.
harassment in public places, which covers
cases of workplace sexual harassment Likewise, the labour law also provides
where there is an abuse of authority. protection from discrimination for working
in a position that is not based on their
Prison sentences apply if the harassment abilities and merit. Any clause in a
offence is committed in the workplace
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convention, collective bargaining
agreement, or employment contract that is
likely to establish discrimination between
workers in terms of employment,
remuneration, or working conditions is not
allowed. Employment agreement is null
and void if based on age, sex, social or
marital status, familial ties, political
convictions, or participation or non-
membership in a trade union.

Source: §37 of the Algeria’s Constitution,

2020; §17 of the Labour Law, 1990

Equal Choice of Profession

The Constitution promotes gender equality

in the job market, encouraging women’s
advancement in public institutions and
enterprises. The Labour Law prohibits
women from working night shifts or in
arduous jobs, with special derogations
possible under certain conditions.

The Constitution stipulates equality in

terms of opportunities for men and women
in the job market and encourages the
promotion of women to positions in public
institutions and administrations as well as
enterprises.

The labour law prohibits an employer from

hiring female employees for night shifts.
The territorially competent labour
inspector may grant special derogations if
the nature of the activity and the unique
characteristics of the job allow them to do
so. Similarly, women cannot work in those
jobs which are considered arduous.

Source: §71 of Algeria’s Constitution, 2020;

§29 of the Labour Law, 1990

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11/13 MINORS & YOUTH

ILO Conventions

Minimum Age: Convention 138 (1973)

Worst Forms of Child labour: Convention 182 (1999)

Algeria has ratified the Conventions 138 and 182.

Summary of Provisions under ILO Conventions

At workplaces, children may not be forced to perform work that could harm their health and
hampers their physical and mental development.
All children should be able to attend school. Once this is safeguarded, there is no objection
against children performing light jobs between the ages of 12 and 14. The general minimum
age is 15 years; however, developing countries may set this at 14 years. The minimum age for
hazardous work, which is likely to jeopardise young persons' health, safety or morals, is 18
years. It can also be set at a lower level of 16 years under certain circumstances
Children should not be employed in a work that is likely to harm their health, safety, or morals.
It is considered one of the worst forms of child labour. The minimum age for such hazardous
work is 18 years.

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Regulations on minors and youth: Minimum Age for Hazardous Work

● Labour Law, 1990 Under Algerian law, workers under 18 must

● Education Law, 2008 have legal guardian authorisation and
● Executive Decree No. 96-98, 1996 cannot be employed in dangerous,
unhealthy, or morally harmful work.
Minimum Age for Employment
According to Algerian Law, workers under
The minimum employment age is 16, with the age of 18 years are considered minor
apprenticeship contracts allowed under workers. They can only be recruited
legal conditions. Minors under 18 cannot through authorisation issued by their legal
work at night, and all children between 6 and guardian. A minor worker may not be
16 must attend school, with extended employed in work that is dangerous,
schooling for children with disabilities if unhealthy and harmful to his health or
needed. Parents or guardians who violate prejudicial to his morality. Night work is
the law face fines. prohibited for workers under 19.

The minimum age for employment is 16 Source: §15 of the Labour Law, 1990; §7 of
years, except in the event of apprenticeship Executive Decree No. 96-98, 1996
contracts drawn up in conformity with
current legislation and rules. Only a legal
guardian’s authorisation can be used to hire
a minor worker. However, workers of either
gender under the age of 19 are not
permitted to work at night.

All girls and boys between the ages of 6 and

16 are required to attend school. However,
in the case of students with disabilities, the
compulsory school period may be
prolonged by two (2) years if necessary. In
partnership with the parents, the state
guarantees that these provisions are
followed. Parents or legal guardians who
violate the law face fines ranging from five
thousand (5,000) to fifty thousand (50,000)
Algerian dinars. Regulations define the
conditions under which this article can be
used.

Source: §15 of the Labour Law, 1990; §12 of

the Education Law, 2008

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12/13 FORCED LABOUR

ILO Conventions

Forced labour: Conventions 29 (1930)

Abolition of Forced labour: Conventions 105 (1957)
Forced labour is the work one has to perform under threat of punishment: forfeit of wages,
dismissal, harassment or violence, even corporal punishment. Forced labour means a violation
of human rights.

Algeria has ratified both Conventions 29 & 105.

Summary of Provisions under ILO Conventions

Except for certain cases, forced or compulsory labour (exacted under the threat of punishment
and for which you may not have offered voluntarily) is prohibited.
Employers must allow workers to look for work elsewhere. If a worker is looking for work
elsewhere, he/she should not be shortened on wages or threatened with dismissal. (In the
reverse cases, international law considers this forced labour.)
If the total working hours, inclusive of overtime exceed 56 hours per week, the worker is
considered to be working under inhumane working conditions.

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Regulations on forced labour: Inhumane Working Conditions

● Labour Law, 1990 Working time may be extended beyond

● Penal Code (promulgated by normal working hours of forty hours per week
Ordinance No. 66-156 of 18 Safar and eight hours a day, with one day of weekly
1386 corresponding to June 8, 1966, rest. However, total work hours inclusive of
as amended and supplemented by overtime must not exceed twelve (12) hours
Law No. 14-01 of February 4, 2014) per day. The weekly overtime cannot exceed
20% of the weekly working hours (8 hours per
Prohibition on Forced and Compulsory week). Given this information, the maximum
work hours inclusive of overtime are 48 hours
Labour per week.

The Algerian Penal Code prohibits forced The law defines forced labour as compelling
labour, human trafficking, and various forms individuals to perform tasks against their
of exploitation, including sexual will, encompassed within the broader
exploitation, forced begging, and organ context of human trafficking. The law
harvesting. stipulates that trafficking in persons carries
a penalty of imprisonment ranging from five
The Penal Code prohibits forced labour (5) to fifteen (15) years and a fine of 500,000
and other manifestations of injustice and DA to 1,500,000 DA. Furthermore, failure to
exploitation through human trafficking. report instances of trafficking, knowing
Exploitation includes the exploitation of the about the offense, can lead to
prostitution of others or any other forms of imprisonment for two (2) to seven (7) years
sexual exploitation, the exploitation of and a fine of 200,000 DA to 700,000 DA,
others in begging, forced labour or service, particularly for public officials or those
slavery or similar practices, servitude or responsible for public. Additionally, anyone
organ harvesting. The Penal Code also benefiting from services provided by victims
stipulates that such manifestation will be of trafficking may face imprisonment from
punished by imprisonment from three years one (1) to five (5) years and fines from
to 10 years and a fine from 300,000 DA - 100,000 DA to 500,000 DA.
1,000,000 DA.
Source: §31 & 32 of the Labour Law, 1990;
Source: §303 bis 4 of the Penal Code, 1966 §1, 40, 44 & 45 of Law No. 23-04 of 17
Chaoual 1444 corresponding to May 7, 2023
Freedom to Change Jobs and Right to relating to the prevention and fight against
human trafficking
Quit

Workers have the right to resign from their

jobs. The worker who expresses the will to
end the working relationship with their
employer, submits his/her resignation in
writing.

Source: §68 of the Labour Law, 1990

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13/13 TRADE UNION

ILO Conventions

Freedom of association and protection of the right to organise: Convention 87 (1948)

Right to Organize and Collective Bargaining: Convention 98 (1949)

Algeria has ratified both Conventions 87 & 98.

Summary of Provisions under ILO Conventions

Freedom of association means freedom to join a trade union. This is part of the fundamental
human rights. Employees may not be disadvantaged when they are active in the trade union
outside of working hours. The list of exclusions for sectors of economic activity and workers in
an organisation should be short.
Trade unions are entitled to negotiate with employers on terms of employment without
hindrance. The freedom of a trade union to negotiate with employers to try to conclude
collective agreements is protected. (The ILO has a special procedure for handling complaints
from unions about violations of this principle.)
Workers have the right to strike to defend their social and economic interests. This right is
incidental and corollary to the right to organize provided in ILO Convention 87.

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Regulations on trade unions: birth or have held Algerian nationality for 10
years. Joining a union is open to all workers,
● Constitution of Algeria, 2020 regardless of nationality.
● Labour Law, 1990
● 2022 Country Reports on Human To be registered, the union’s membership
Rights Practices: Algeria must account for at least 20 percent of an
● Procedures for exercising union enterprise’s workforce and must meet or
rights, 1990 exceed that threshold at the beginning of
any given calendar year in which the union
seeks to engage in collective bargaining.
Freedom to Join and Form a Union Unions may recruit members at the
workplace. Unions have the right to form
The Constitution of Algeria guarantees and join federations or confederations.
workers the right to join trade unions, with
no discrimination based on birth, race, The law permits unions to affiliate with
gender, or other personal conditions. The international labour bodies and develop
labour law requires government approval to relations with foreign labour groups. The
form a union, with a 30-day response law prohibits unions from associating with
window. To form a union, the president must political parties or receiving funds from
be an Algerian national or have held Algerian foreign sources.
nationality for 10 years. Unions must have at
least 20% of an enterprise's workforce as Source: §52, 72 & 73 of Algeria’s
members to engage in collective bargaining. Constitution; §5 of the Labour Law, 1990;
They can join federations and international 2022 Country Reports on Human Rights
bodies, but cannot affiliate with political Practices: Algeria
parties or receive foreign funding.

The Constitution of Algeria stipulates that

Freedom of Collective Bargaining
all workers shall acknowledge the right to
belong to a trade union. The law shall The legislation allows workers to bargain
guarantee the freedom to exercise this collectively, with trade unions needing to be
right. The constitution states that there legally constituted for at least six months to
shall be no pretext for discrimination on the be considered representative.
basis of birth, race, gender, opinion, or any Representative unions must have at least
other personal or social condition or 20% of the workforce or 20% representation
situation. There should be freedom of in the participation committee. These unions
expression. have the right to participate in negotiations,
settle disputes, and exercise the right to
The labour law allows workers to enjoy their strike. They can meet members outside
fundamental right to exercise trade union working hours or during work with employer
rights. The law requires that workers obtain consent, inform workers through
government approval to form a union, and publications or postings, collect dues, and
the Ministry of Labour must approve or promote union training for their members.
disapprove a union application within 30
days. To form a union, the prospective The legislation allows workers to bargain
president of the union must be Algerian by collectively. Topics of bargaining could

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include working hours, basic minimum according to procedures agreed
salaries, compensation related to overtime, with the employer;
seniority and working conditions, vi. promote trade union training
reimbursement of expenses incurred, trial actions for their members.
and notice periods, special leaves, etc.
Trade union organizations of their Source: §5 of the Labour Law, 1990; §34, 35
employees and employers need to be & 38 of Procedures for exercising union
legally constituted for at least six months to rights, 1990
be considered representative according to
the trade union law of the country. Right to Strike
The trade unions considered The law provides the right to strike following
representative, within the same employer the exhaustion of conciliation and mediation
organization, are of workers comprising at procedures, requiring a majority vote by
least 20% of the total workforce of workers secret ballot from the workforce. Strikes are
employees and/or having a representation only protected in collective labour disputes
of at least 20% within the participation within the enterprise, and the government
committee when the latter exists within the can restrict strikes in certain circumstances,
employer organization. such as economic crises or public safety
concerns. Public demonstrations, including
Within the framework of the legislation and strikes, must be authorized by the
regulations in force, the union government, and essential services must be
organizations of salaried workers maintained. The law prohibits
representative within each employer discrimination against union members and
organization have the following rights: organizers, ensures the reinstatement of
i. to participate in negotiations of striking workers, and outlines procedures for
conventions or collective resolving disputes before resorting to strikes.
agreements within the employing Strikes are prohibited in specific sectors like
organization; defence, security, and public order.
ii. participate in the prevention and
settlement of collective labour The law provides for the right to conduct
disputes and the exercise of the legal strikes. By law, the right to strike only
right to strike; arises where a dispute persists after
iii. meet the members of the trade conciliation and mediation procedures
union association in the workplace have been exhausted. Striking requires a
or in adjoining premises outside majority vote by secret ballot of the whole
working hours and exceptionally, if workforce.
the employer’s agreement is
obtained, during working hours; The right to strike is only protected with
iv. inform the groups of workers respect to collective labour disputes
concerned by trade union between workers and employers within the
publications or by posting in enterprise. The government may restrict
appropriate places reserved for this strikes if they “are liable to give rise to a
purpose by the employer; serious economic crisis” or if they run afoul
v. collect union dues from their of other ambiguous grounds. Furthermore,
members in the workplace
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all public demonstrations, including services must be maintained during strikes,
protests and strikes, must receive prior with a minimum service level of at least 30%
government authorization. The law requires of workers, enforced by labour inspectors.
that a minimum level of essential public Violations of dispute resolution procedures
services must be maintained during public- and agreements incur fines, with penalties
sector service strikes, and the government also for obstructing investigations by labour
has broad legal authority to require public inspectors.
employees to work. The list of essential
services included banking, radio, and Under the applicable law, certain sectors
television. Penalties for unlawful work and personnel are prohibited from
stoppages range from eight days to two participating in strikes. These sectors
months imprisonment. include defence, national security, and
other areas critical for sovereignty and
The law prohibits discrimination by public order maintenance, such as justice,
employers against union members and interior, civil protection, finance, foreign
organizers and provides mechanisms for affairs, energy, transport, agriculture, and
resolving trade union complaints of education. Personnel prohibited from
employers’ anti-union practices. resorting to industrial action include
Amendments to the law provided new magistrates, civil servants appointed by
protection to union representatives, decree, security service personnel, customs
expanding collective bargaining rights to agents, prison administration bodies, air
more unions, regardless of sector. and maritime navigation controllers, and
education establishment directors.
Employment of striking workers is secure
and the law also stipulates that the Source: §64 & 65 of Labour Law, 1990, §8 &
employer should either reinstate such a 9 of the Executive Decree No. 23-361 of
worker in their job or in any position with October 17, 2023 establishing the list of
equivalent remuneration at the end of the sectors of activity and workstations
strike. requiring the implementation of a
mandatory minimum service and the list of
The Algerian Official Journal outlines sectors, personnel and functions, to which
procedures for resolving disputes between recourse strike action is prohibited; §6, 7,
workers and employers, emphasizing 14, 20, 45 50, 51, 55, 57, 60-63, 78-81 & 83 of
preventive discussions and sequential steps Law No. 23-08 of June 21, 2023 relating to
before launching a legal strike. These steps the prevention, settlement of collective
include conciliation, mediation, and labour conflicts and the exercise of the right
arbitration, with strikes requiring majority to strike
approval from workers after exhausting
other options. Legal strikes are protected
from termination, although work duties are
suspended. Detailed notices, filed by
authorized entities, precede strikes, with a
minimum notice period of 10 working days
(15 days in specific sectors). Essential

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QUESTIONNAIRE

The text in this document was last updated in January 2025. For the most recent and updated text on Employment & Labour Legislation in
Algeria in Arabic, please refer to: https://rawateb.org/algeria
Decent Work Check 2025 | 47