Definition

The General Labour Inspectorate is an institution under the supervision of the Ministry of Labour, Employment, and Social Security.
According to Executive order No. 05-05 of January 6, 2005, on the organization and functioning of the General Labour Inspectorate, it is responsible for designing and implementing the measures and means necessary to fulfill the missions entrusted to the Labour Inspectorate by law and regulation.

Organization

The organization of the General Labour Inspectorate’s services is governed by Executive order No. 05-05 of January 6, 2005, which establishes both central and decentralized structures.

• Central structures (2 in total) coordinate the activity of the decentralized structures.
• Decentralized structures are organized as follows:
  • Regional Labour Inspectorates (IRT): eight (08) in total — located in Algiers, Oran, Béchar, Ouargla, Constantine, Batna, Annaba, and Tiaret — each covering several provinces (wilayas).
  • Wilaya Labour Inspectorates (Wilaya level): forty-eight (48) in total, each with jurisdiction over the entire territory of its wilaya.
  • Labour Inspection Offices (BIT): twenty-seven (27) in total, each responsible for an industrial zone or a specific administrative area.
    Hierarchically, these offices report to the relevant provincial Labour Inspectorate and are placed under the authority of a head of office.

Missions of the Labour Inspectorate

The Labour Inspectorate performs the missions assigned to it by Law No. 90-03 of February 6, 1990.

In this capacity, it is responsible for:

• Ensuring the enforcement of legislative and regulatory provisions relating to individual and collective labour relations, working conditions, and occupational health and safety;
• Providing information and advice to workers and employers on their rights and obligations and on the most appropriate means of applying legal, regulatory, and contractual provisions, as well as arbitral decisions;
• Assisting workers and employers in drafting collective labour agreements or conventions;
• Conducting conciliation procedures to prevent and resolve collective labour disputes;
• Disseminating labour laws and regulations to workers and employers;
• Informing local authorities about working conditions in companies within their territorial jurisdiction;
• Reporting to the central labour administration on the implementation status of labour legislation and regulations, and proposing necessary adaptation and adjustment measures.

The Labour Inspectorate carries out its missions in all workplaces employing male or female salary earners or apprentices, except for certain professional categories excluded by labour legislation.

Powers of Labour Inspectors

Labour inspectors are authorized to carry out visits to workplaces within their jurisdiction to monitor compliance with legal and regulatory provisions.

They may enter, at any hour of the day or night, any place where persons are working and covered by labour protection laws and regulations.

However, when workshops or other industrial or commercial production facilities are located in residential premises, inspectors may enter such premises during working hours to exercise their powers.

Labour inspectors are sworn officials, bound by professional secrecy, and authorized, within the scope of their duties and in accordance with legal procedures, to carry out the following acts:

• Written observations
• Formal notices (warnings to comply)
• Official reports of infractions
• Conciliation reports and non-conciliation reports related to the prevention and settlement of collective labour disputes

Inspectors may decide which of these actions is appropriate, depending on the situation.

Observations and formal notices issued in the course of their duties are recorded in a register, numbered and initialed by the Labour Inspector, specifically opened for this purpose by the employer, who must present it upon request.

In public institutions and administrations, the Labour Inspector informs the competent hierarchical authority of any violations of labour laws or regulations and may make relevant observations or recommendations, which are recorded in a dedicated register.

The Labour Inspector may request opinions, assistance, or advice from any competent person, particularly in matters of hygiene, safety, and occupational medicine.
During inspections, the inspector may be accompanied by the employer or their representative, a workers’ representative, or any person whose presence is deemed necessary.

Territorial Jurisdiction of Courts in Labour Matters

• A claim must be filed with the court of the place where the employment relationship is performed or the defendant’s residence.
• It may also be filed with the plaintiff’s court of residence when the termination or suspension of the employment relationship results from a work accident or occupational disease.

Legal Aid Granted to Workers

Legal aid is automatically granted to any worker or apprentice whose salary is less than twice the National Guaranteed Minimum salary (S.N.M.G.).

Legal References

• Law No. 90-04 of February 6, 1990, amended and supplemented, relating to the settlement of individual labour disputes
• Law No. 90-03 of February 6, 1990, amended and supplemented, relating to the Labour Inspectorate
• Executive order No. 05-05 of January 6, 2005, on the organization and functioning of the General Labour Inspectorate