Legal Foundation:

• Law No. 63-278 of July 26, 1963 establishing the list of legal holidays, amended and supplemented by:
  • Ordinance No. 66-153 of June 8, 1966 (JORA No. 52-1966)
  • Ordinance No. 68-419 of June 26, 1968 (JORA No. 56-1968)
• Law No. 90-11 of April 21, 1990 on labor relations (JORA No. 17-1990 and correction JORA No. 38-1990), amended and supplemented by:
  • Law No. 91-29 of December 21, 1991 (JORA No. 68-1991)
  • Legislative Decree No. 94-03 of April 11, 1994 (JORA No. 20-1994)
  • Legislative Decree No. 94-09 of May 20, 1994 on the preservation of employment and protection of employees who may lose their job involuntarily (JORA No. 34-1994)
  • Ordinance No. 96-21 of July 9, 1996 (JORA No. 43-1996)
  • Ordinance No. 97-03 of January 11, 1997 establishing the legal duration of work (JORA No. 3-1997)
  • Ordinance No. 15-01 of July 23, 2015 amending the Finance Law for 2015 (JORA No. 40-2015)
• Law No. 16-01 of March 6, 2016 on constitutional revision (JORA No. 14 of 07/03/2016)

Labor Relations

1-1 Labor Relation:

• A labor relation begins by written or unwritten contract.
• A labor relation exists by virtue of working for an employer, irrespective of whether a written contract is present.
• The employment contract can be established in the form deemed appropriate by the contracting parties.
• Proof of the contract or labor relation can be made by any means.
• The contract is considered indefinite unless otherwise stated in writing.
• If no written contract exists, the labor relation is presumed indefinite.
• The employment contract may be for a fixed term, full-time or part-time, under the following conditions:
  • When the worker is hired for work related to non-renewable contracts.
  • When replacing a temporarily absent employee, where the employer must preserve the position.
  • When performing periodic or discontinuous tasks.
  • When there is an increase in workload or seasonal reasons.
  • For temporary or limited-duration activities or jobs.
• The contract must specify the duration of employment and the reasons for a fixed term.
• A contract for a fixed term in violation of the law is considered an indefinite contract.
• If there is a change in the legal status of the employer, all ongoing labor relations are transferred to the new employer, and any change in labor relations must follow the conditions of this law through collective bargaining.

1-2 Conditions and Recruitment Procedures:

• The minimum age for recruitment cannot be less than 16 years, except for apprenticeship contracts.
• Minor workers can only be hired with a written authorization from their legal guardian.
• Any recruitment of a young worker below the legally required age (outside of apprenticeship) is punishable by a fine of 10,000 DA to 20,000 DA.
• Minor workers cannot be employed in dangerous, unhealthy, or morally harmful tasks.
• Employers must reserve positions for disabled persons under conditions set by regulation.
• Newly hired workers may undergo a trial period, which may last no longer than six months, extendable to twelve months for highly skilled positions.
• During the trial period, the worker has the same rights and obligations as employees in similar positions, and the trial period counts toward seniority if the worker is confirmed afterward.
• During the trial period, either party can terminate the relationship at any time without indemnity or notice.

1-3 Suspension of the Employment Relationship:

• Suspension occurs automatically due to:
  • Mutual agreement.
  • Sick leave or similar absences as provided by social security legislation.
  • Completion of national service or reserve obligations.
  • Holding an elective public office.
  • Detention, pending a final conviction.
  • A disciplinary decision suspending the worker from duties.
  • Exercising the right to strike.
  • Unpaid leave.
• Workers are entitled to return to their previous position or an equivalent position once the cause for suspension ends.

1-4 Termination of the Employment Relationship:

• The employment relationship ends due to:
  • Nullification or legal annulment of the contract.
  • Expiry of a fixed-term contract.
  • Resignation.
  • Dismissal.
  • Total incapacity to work as defined by law.
  • Dismissal due to downsizing.
  • Cessation of the employer’s activities.
  • Retirement.
  • Death.
• Upon termination, the worker is provided with a certificate indicating the recruitment date, termination date, and the positions held along with the respective periods.

Special Cases

Resignation:

• Resignation is a right granted to the worker.
• The worker must present their resignation in writing to the employer.

Disciplinary Dismissal:

• Disciplinary dismissal must follow the procedures set out in the company’s internal regulations.
• The disciplinary process includes a written notice of the dismissal, and the worker may be assisted by another employee during the hearing.
• Dismissal in violation of the internal procedures and legal provisions is presumed abusive, and the employer must prove otherwise.
• If the dismissal violates mandatory legal procedures, the court will annul the dismissal and require the employer to follow the correct procedures.
• In such cases, the court may grant the worker compensation equal to the salary they would have earned if they had continued working.
• Dismissal entitles the worker, who has not committed a serious fault, to a notice period, the minimum duration of which is set in collective agreements.

Salary

2-1 Remuneration:

• In exchange for labor, the worker is entitled to remuneration, including a salary.
• Salary refers to:
  • The base salary based on the employer’s professional classification.
  • Allowances due to seniority, overtime, or special working conditions (e.g., night shifts, zone allowances, and hazardous work).
  • Bonuses linked to productivity and work results.
  • Reimbursement for expenses due to specific employer demands (e.g., business trips, use of personal vehicles).

2-2 National Minimum Guaranteed Wage (SNMG):

• The SNMG is legally defined and set by regulation. It applies to all sectors, including the public sector.
• The SNMG is determined based on:
  • National average productivity.
  • Consumer price index.
  • General economic conditions.
• The SNMG includes the base salary, allowances, and bonuses, but excludes:
  • Reimbursement of worker expenses.
  • Experience-related allowances or seniority benefits.
  • Work organization-related allowances (e.g., night shifts, overtime).
  • Bonuses related to isolation, performance, or results.

Historical Changes to the SNMG:

• 1970: 1.36 DA/hour
• 1974: 2.08 DA/hour
• 1976: 460 DA/month
• 1990 (Jan): 1,000 DA
• 1991 (Jan): 1,800 DA
• 1991 (Jul): 2,000 DA
• 1992 (Apr): 2,500 DA
• 1994 (Jan): 4,000 DA
• 1997 (Mar): 4,800 DA
• 1997 (May): 4,800 DA
• 1998 (Jan): 5,400 DA
• 1998 (Sep): 6,000 DA
• 2001 (Jan): 8,000 DA
• 2004 (Jan): 10,000 DA
• 2007 (Jan): 12,000 DA
• 2010 (Jan): 15,000 DA
• 2012 (Jan): 18,000 DA

Penalties:

The decree n°15-01 of July 23, 2015, which is the complementary finance law for 2015, tightened the penalties related to the violation of labor legislation concerning payment below the Guaranteed Minimum National Wage (SNMG). The fine has increased from 1,000 DA-2,000 DA to 10,000 DA-20,000 DA (JORA n°40 -2015).

“Without prejudice to other provisions of the legislation in force, any employer who pays a worker a salary lower than the Guaranteed National Minimum Wage or the salary set by the collective labor agreement, is punished by a fine of 10,000 DA to 20,000 DA, multiplied by the number of infractions.

In case of recurrence, the penalty is 20,000 DA to 50,000 DA, multiplied by the number of affected workers” (Article 149 of Law n°90-11, amended).

2-3 Remuneration Guarantees:

• Every employer is required to ensure equal pay for equal work, without discrimination of any kind.
• Remuneration is expressed solely in monetary terms and paid exclusively in monetary means.
• The amount of remuneration, as well as all components of it, must appear clearly in the periodic payslip established by the employer.
• The employer must pay workers regularly and on time, the remuneration due to them.
• Salaries or advances on salaries are paid preferentially over all other claims, including those of the treasury and social security, regardless of the nature, validity, and form of the labor relationship.
• Salaries owed by the employer cannot be opposed, seized, or withheld for any reason to the detriment of the workers to whom they are owed.

A worker’s remuneration is defined by the salary, including the base salary and any bonuses, particularly those related to seniority, certain work conditions, and productivity or work results. Salary matters are subject to collective bargaining between the employer and the relevant trade union(s).

2-4 Executive Staff Salaries:

These are regulated by Circular n°001 of August 30, 2015, which sets out the procedures for determining the salaries of senior executives in non-autonomous public enterprises (EPIC) and CRD.

3. Rights and Obligations of Employees

3-1 What are the fundamental rights of salaried workers?

Workers have the following fundamental rights:

• The right to exercise union rights.
• The right to collective bargaining.
• The right to participate in the employer’s organization (via the participation committee).
• Social security and retirement benefits.
• Occupational health, safety, and hygiene.
• Rest periods.
• Participation in the prevention and resolution of labor conflicts.
• Effective engagement in work duties.
• Respect for physical and moral integrity and dignity.
• Protection against discrimination for positions other than based on their competence and merit.
• Access to professional training and promotion.
• Regular payment of remuneration owed to them.
• Social welfare benefits.

3-2 What are the fundamental obligations of salaried workers?

Workers have the following fundamental obligations:

• Perform the duties associated with their position to the best of their ability.
• Contribute to the employer’s efforts to improve organization and productivity.
• Follow instructions given by the designated employer’s hierarchy.
• Comply with the health and safety measures established by the employer.
• Accept internal and external medical examinations required by the employer within the framework of occupational health.
• Participate in training, improvement, and retraining actions initiated by the employer to improve the company’s operations.
• Not hold direct or indirect interests in a competing, client, or subcontracting company without the employer’s agreement and refrain from competing with the employer in their field of activity.
• Not disclose professional information related to techniques, technologies, or manufacturing processes.

4. Legal Work Duration

4-1 Legal Working Hours

• The legal working duration is set at forty (40) hours per week under normal working conditions.
• The legal working hours are distributed over at least five (5) working days.
• When work hours are carried out under a continuous shift regime, the employer must provide a break not exceeding one hour, with half an hour considered work time.
• The maximum daily working hours are twelve (12) hours.

4-2 Overtime

• The employer can require any worker to perform overtime beyond the legal working hours, provided that the overtime does not exceed 20% of the legal duration.
• Overtime work is subject to a pay increase of at least 50% of the regular hourly wage.

4-3 Night Work

• Night work refers to any work carried out between 9 p.m. and 5 a.m.
• Workers under 19 years of age are prohibited from working at night.
• Female workers are prohibited from night work unless special exemptions are granted by the relevant labor inspector.

4-4 Shift Work

• When production or service requirements demand, the employer can organize work in successive shifts.
• Shift work entitles workers to compensation.

5. Rest, Leave, Absences, and Legal Holidays

5-1 Legal Rest Days

• Every worker is entitled to a full day of rest each week.
• The regular weekly rest day, under ordinary working conditions, is set for Friday.
• If a worker works on a legal rest day, they are entitled to equivalent compensatory rest and the right to overtime pay.

5-2 Annual Leave

• Every worker is entitled to paid annual leave from the employer.
• Any renunciation by the worker of any part of their leave is null and void.
• The right to annual leave is based on the work done during a reference year, which runs from July 1 of the preceding year to June 30 of the current year.
• For newly recruited workers, the reference year begins from the recruitment date.
• Paid leave is calculated at two and a half days per month of work, with the total duration not exceeding thirty calendar days per work year.
• Additional leave (not less than ten days per work year) is granted to workers in southern regions.
• The duration of annual leave can be extended for workers in particularly tough or hazardous jobs.
• The following periods count as work periods for leave calculation:
  • Work performed.
  • Annual leave periods.
  • Authorized paid absences or those granted by the employer.
  • Legal rest periods (weekly rest days, public holidays).
  • Maternity, sickness, and work-related accident absences.
  • Military service periods.
• The employment relationship cannot be suspended or terminated during annual leave.
• Workers can interrupt their annual leave due to illness to benefit from sick leave and associated rights.
• The compensation for annual leave is equal to one twelfth of the total remuneration earned by the worker during the reference year.

5-3 Absences

• Workers may benefit from paid absences with prior notification and justification for:
  • Union representation tasks.
  • Professional or union training courses authorized by the employer.
  • Taking academic or professional exams.
• Workers are entitled to three (3) paid days for the following family events:
  • Worker’s marriage.
  • Birth of the worker’s child.
  • Marriage of a worker’s descendant, death of a direct family member (parent, child, etc.), or the worker’s spouse.
  • Death of the worker’s spouse.
  • Circumcision of the worker’s child.
• Workers are entitled to a special paid leave of 30 days for performing the pilgrimage to the holy places once during their career.
• Female workers are entitled to 14 weeks of maternity leave, including pre- and post-natal periods. They may also benefit from additional allowances as specified by the employer’s internal regulations, such as paid absences for breastfeeding.

5-4 Legal Holidays

The following are legal holidays, during which work is suspended and paid:

• May 1 (Labor Day): 1 day.
• July 5 (Independence Day): 1 day.
• November 1 (Revolution Day): 1 day.
• Idul Fitr (Eid al-Fitr): 2 days.
• Idul Adha (Eid al-Adha): 2 days.
• Awal Moharram (Islamic New Year): 1 day.
• Ashura (10th Moharram): 1 day.
• El-Mawlid Ennabaoui (Prophet’s Birthday): 1 day.
• January 1 (Gregorian New Year): 1 day.

These holidays are observed for all public administration, public offices, delegated services, local authorities, and businesses, including hourly or daily-paid workers.

Additionally, for Christian employees in Algeria, the following holidays are also recognized as legal and paid:

• Easter Monday.
• Ascension.
• August 15 (Assumption).
• December 25 (Christmas).

Similarly, for Jewish employees, the following days are also recognized as holidays:

• Rosh Hashanah (New Year).
• Yom Kippur (The Day of Atonement).
• Passover (Pesach).

Non-religious staff who may not celebrate these holidays are still paid during their absence.

Social Dialogue

Legal Framework:

• Law No. 90-11 of April 21, 1990, concerning labor relations (Official Journal of the Algerian Republic, No. 17-1990 and correction JORA No. 38-1990), amended by:
  • Law No. 91-29 of December 21, 1991 (JORA No. 68-1991)
  • Legislative Decree No. 94-03 of April 11, 1994 (JORA No. 20-1994)
  • Legislative Decree No. 94-09 of May 20, 1994, on job preservation and protection of employees who may involuntarily lose their jobs (JORA No. 34-1994)
  • Ordinance No. 96-21 of July 9, 1996 (JORA No. 43-1996)
  • Ordinance No. 97-03 of January 11, 1997, setting the legal duration of work (JORA No. 3-1997)
  • Ordinance No. 15-01 of July 23, 2015, on the supplementary finance law for 2015 (JORA No. 40-2015)
• Law No. 90-14 of June 2, 1990, concerning the exercise of the right to unionize (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. 16-01 of March 6, 2016, concerning constitutional revision (JORA No. 14 of 07/03/2016)

The new legislation has made dialogue and social consultation a privileged space between economic and social partners. In this regard, this framework is seen as a place for exchange and settlement of collective labor disputes; moreover, it is one of the key sources of labor law. The large number of collective agreements and conventions signed demonstrates the dynamic nature of the evolving labor world.

Collective bargaining is the preferred method under the new labor legislation. The law sets normative minima that must be respected, beyond which the social partners have the full freedom to negotiate and formalize the results through collective conventions or agreements, which are applicable after registration with the labor inspection and filing with the court registry.

Conventional law, now an integral part of labor law, has experienced significant development since the promulgation of the 1990 social laws. Indeed, as of December 31, 2016, the labor inspection services had registered more than 3,806 company-level collective agreements, 117,763 company-level collective agreements, 82 branch-level collective agreements, and 167 branch-level collective agreements.

Social dialogue and consultation provide a privileged space for addressing the country’s economic and social issues.

At the company level, the approach established by Law No. 90-02 of February 6, 1990, as amended and supplemented, related to the prevention and resolution of collective labor disputes and the exercise of the right to strike, aims to establish regular meetings between social partners to jointly examine the situation of socio-professional relations and working conditions. This has significantly helped reduce social tensions.

At the national level, the institution of bipartite or tripartite meetings has become a standard since 1990 in consultations between the government, the UGTA central union, and employer organizations. These meetings have allowed all parties to express their concerns from both social and economic perspectives.

These meetings have also become the preferred forum for consultation on major strategic development issues for the country in the short, medium, and long term. As of March 2017, 14 bipartite and 20 tripartite meetings were held, addressing a number of issues raised by economic and social partners.

Furthermore, it is important to note the bilateral meeting between employers and UGTA, which led to the conclusion of a framework collective agreement for the private sector in 2006.

In addition to measures related to workers’ purchasing power, other important decisions were also made, including:

• Creation of the National Unemployment Insurance Fund,
• Adoption of the new general status of the civil service,
• Rehabilitation of the National Employment Agency,
• Reactivation of the National Institute for Professional Risk Prevention (INPRP),
• Rehabilitation of the labor inspection.

It should be noted that in 2006, for the first time in the country’s history, a National Economic and Social Pact was concluded. This document, signed between the government, employers’ organizations, and the UGTA union, serves as a reference for social dialogue. This pact was evaluated and renewed in 2010. In February 2014, a new pact titled the “National Economic and Social Growth Pact” was signed between the government and economic and social partners.

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

Finally, Law No. 16-01 of March 6, 2016, concerning constitutional revision, institutionalized the National Economic and Social Council (Article 204).

Health and Safety at Work

Legal Framework:

• Law No. 83-13 of July 2, 1983, concerning workplace accidents and occupational diseases
• Law No. 85-05 of February 16, 1985, concerning the protection and promotion of health (JORA No. 8-1985), amended and supplemented by:
  • Law No. 88-15 of May 15, 1988 (JORA No. 4-1988)
  • Law No. 90-17 of July 17, 1990 (JORA No. 35-1990)
  • Law No. 98-09 of August 19, 1998 (JORA No. 61-1998)
  • Law No. 04-18 of December 25, 2004, concerning the prevention and repression of the use and trafficking of illegal drugs and psychotropic substances (JORA No. 83-2004)
  • Ordinance No. 06-07 of July 15, 2006 (JORA No. 47-2006)
  • Law No. 08-13 of July 20, 2008 (JORA No. 44-2008)
• Law No. 88-07 of January 26, 1988, concerning hygiene, safety, and occupational medicine (JORA No. 4-1988)
• Law No. 16-01 of March 6, 2016, concerning constitutional revision (JORA No. 14 of 07/03/2016)

Law No. 88-07 mentioned above aims to define the means and ways to ensure workers the best protection in terms of hygiene, safety, and occupational medicine, and to designate the responsible persons and employer organizations in charge of implementing the prescribed measures.

This legislative text covers:

• General rules for hygiene and safety in the workplace
• General rules for training and informing workers about occupational risks
• Organization and funding of prevention in the company

The enforcement of the legislation and regulations regarding hygiene, safety, and occupational medicine is the responsibility of the labor inspection, in accordance with Law No. 90-03 of February 6, 1990, relating to labor inspection.

A series of implementing texts for the framework law No. 88-07 of January 26, 1988, have been promulgated, particularly addressing:

• The establishment of joint committees and appointed individuals for hygiene and safety, their duties, and operational conditions
• The establishment of inter-company hygiene and safety committees, their duties, and operational conditions
• The establishment of an occupational hygiene and safety service within any organization employing more than 50 workers
• General protective measures related to hygiene and safety in the workplace
• Special protective measures for hazardous substances, products, or preparations in the workplace
• Special hygiene and safety measures for the construction, public works, and hydraulic sectors
• Special measures for protecting workers from electrical hazards in employers’ organizations
• Organization of occupational medicine
• Measures for protection against ionizing radiation

The National Hygiene, Safety, and Occupational Medicine Council, established by Law No. 88-07 of January 26, 1988 (Article 27), was set up on May 3, 2016.

The Commission for Occupational Diseases, established by Law No. 83-13 of July 2, 1983, concerning workplace accidents and occupational diseases, was also established on May 3, 2016.

Objectives of Occupational Risk Prevention:

The actions of these organizations aim to:
a) Contribute to the prevention of occupational risks for a better understanding of these risks and the adaptation of prevention measures for workplace accidents and occupational diseases, in order to better manage these risks.
b) Reduce the costs of workplace accidents and occupational diseases.
c) Raise awareness among workers and employers about a culture of prevention of occupational risks.

Specialized organizations involved in the prevention of occupational risks, under the sector’s supervision (OPREBATPH, INPRP, PRESTIMED, INT, CNAS).

In addition to the control activities carried out by the labor inspection, five (05) organizations contribute to the prevention of occupational risks. These are:

• The Occupational Risk Prevention Organization specific to the Building, Public Works, and Hydraulic sectors (OPREBATPH), which has a legal status and resources enabling it to better carry out its mission of prevention and advice, particularly in a rapidly growing sector with potentially high occupational risks.
• The National Institute for Occupational Risk Prevention (INPRP), which is mainly responsible for diagnosing occupational risks, providing training, conducting investigations, and offering advice to companies for improving working conditions and reducing risk. It replaced the National Institute of Hygiene and Safety (I.N.H.S.), which was dissolved in 1998 by Executive Decree No. 98-266 of August 29, 1998.
• The Occupational Medicine Enterprise, called “PRESTIMED,” which was attached to the Ministry of Labor on November 28, 2010, to provide occupational health services to workers.
• The National Institute of Labor (INT), which, among its duties, focuses on training as a key part of prevention (Executive Decree No. 15-159 of June 16, 2015, reorganizing the status of the National Institute of Labor; JORA No. 34-2015).
• The National Social Insurance Fund for Salaried Workers (CNAS): This fund operates through the Direction for the Prevention of Workplace Accidents and Occupational Diseases. Its actions focus on practical recommendations, controls, technical assistance, and advice to businesses for implementing appropriate prevention measures.

Furthermore, social security is tasked with compensating workplace accidents and occupational diseases for all workers covered by social insurance.