Social Dialogue

Legal Basis

• Law No. 90-14 of June 2, 1990, on the modalities of exercising the right to union activity (JORA No. 23-1990), amended and supplemented by:
  • Law No. 91-30 of December 21, 1991 (JORA No. 68-1991);
  • Ordinance No. 96-12 of June 10, 1996 (JORA No. 36-1996);
  • Law No. 90-11 of April 21, 1990, amended and supplemented, relating to labour relations.

Overview

The new legislation has made social dialogue and consultation a privileged framework between economic and social partners.
It represents a key forum for addressing the country’s economic and social issues.
This framework is regarded as a space for exchange and settlement of collective labour disputes and, moreover, as one of the main sources of labour law.

The significant number of collective agreements concluded demonstrates the dynamism of the labour sector.
Collective bargaining is the preferred method under the new labour legislation.
The law establishes the minimum legal standards to be observed, beyond which social partners are free to negotiate and formalize their agreements through collective conventions or agreements, which become applicable after being registered with the Labour Inspectorate and filed with the clerk of the competent court.

Contractual labour law, now an integral part of labour legislation, has developed significantly since the enactment of the social laws of 1990.
As of September 2014, the Labour Inspectorate recorded:

• 3,525 collective conventions,
• 16,405 company-level collective agreements,
• 80 sectoral collective conventions, and
• 162 sectoral collective agreements.

At the Company Level

The process established by Law No. 90-02 of February 6, 1990, amended and supplemented, concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike, provides for periodic meetings between social partners to jointly examine the state of labour relations and working conditions.

This mechanism has contributed significantly to reducing social tensions within enterprises.

At the National Level

Since 1990, bipartite and tripartite meetings have become a regular feature of consultation between the Government, the UGTA (General Union of Algerian Workers), and employers’ organizations.

These meetings have provided an opportunity for all parties to express their social and economic concerns.
They have also become a preferred forum for consultation on major strategic development issues — in the short, medium, and long term.

Up to September 2014, 14 bipartite and 17 tripartite meetings had been held, addressing a number of issues raised by economic and social partners.

It is also worth noting the bilateral meeting between employers’ organizations and the UGTA, which led to the signing of a framework collective agreement for the private sector in 2006.

Key Decisions and Achievements

In addition to measures aimed at improving workers’ purchasing power, several important decisions were taken, notably:

• The creation of the National Unemployment Insurance Fund (CNAC);
• The adoption of the new General Civil Service Statute;
• The rehabilitation of the National Employment Agency (ANEM);
• The reactivation of the National Institute for the Prevention of Occupational Risks (INPRP);
• The revitalization of the Labour Inspectorate.

At this stage, it is important to highlight the conclusion in 2006, for the first time in the country’s history, of a National Economic and Social Pact.
This document, signed between the Government, employers’ organizations, and the UGTA, serves as a reference framework for social dialogue.

The pact was evaluated and renewed in 2010.
In February 2014, a new pact entitled “National Economic and Social Growth Pact” was signed between the Government and the economic and social partners.

Furthermore, a National Monitoring Committee for the Commitments of the National Economic and Social Growth Pact was established within the Ministry of Industry and Mines on March 12, 2014.