Employment law

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Questions and Answers

Who administers the Labor Law in Algeria?

Ministry of Education

Ministry of Finance

Ministry of Labor, Employment and Social Security (correct)

Ministry of Justice

What is NOT covered under the Labor Law in Algeria?

Overtime

Retirement plan (correct)

Minimum wage

Holidays

What is one of the fundamental rights of employees under the Labor Law in Algeria?

Right to social security and retirement (correct)

Right to a minimum bonus

Right to flexible working hours

Right to a guaranteed promotion

What is a benefit that employees are entitled to under the Labor Law in Algeria?

Regular payment of remuneration Signup and view all the answers

What is NOT a right of employees in the employment relationship under the Labor Law in Algeria?

Right to receive gifts from employers Signup and view all the answers

What is a benefit that arises specifically from the employment contract under the Labor Law in Algeria?

All benefits arising from the employment contract Signup and view all the answers

What is the minimum duration of maternity leave before the expected date of birth?

Six weeks Signup and view all the answers

What is the purpose of the 1% contribution by employers for social action?

To support social welfare programs Signup and view all the answers

What is the percentage of social security contributions paid by employees?

9% Signup and view all the answers

What is the period within which an employer must report a new employee to the relevant authority?

10 days Signup and view all the answers

What family event entitles an employee to three days' paid leave?

Birth of a child Signup and view all the answers

What type of care is covered under health care?

Preventive and curative care Signup and view all the answers

What is the criterion to access health care?

All of the above Signup and view all the answers

What is the purpose of the nomenclature of medical dispensations?

To determine reimbursable medical dispensations Signup and view all the answers

What is the maximum prescribed working hours for an employee per week in Algeria?

40 hours Signup and view all the answers

What is the statutory day of rest in Algeria?

Friday Signup and view all the answers

What is the restricted period for women to work in Algeria?

Between 9pm and 5am Signup and view all the answers

What is the maximum percentage of overtime hours in Algeria?

20% of the maximum working hours Signup and view all the answers

What is the minimum overtime pay entitlement in Algeria?

150% of the normal hourly wage Signup and view all the answers

What is the minimum entitlement to paid annual leave in Algeria?

30 calendar days Signup and view all the answers

How many days of paid leave can an employee take to perform Hajj in Algeria?

30 calendar days Signup and view all the answers

What is the duration of fully paid maternity leave for a female employee in Algeria?

14 weeks Signup and view all the answers

What is the main factor that determines the refund amount by the health insurance fund?

The type of treatment received Signup and view all the answers

What is the purpose of sending a medical file to the social security administration?

To receive reimbursement for medical expenses Signup and view all the answers

What percentage of the regulatory tariffs is normally reimbursed for medical expenses?

80% Signup and view all the answers

Who is eligible for a daily indemnity during the first six months of sick leave?

Employees who have worked at least 9 days or 60 hours in the preceding three months Signup and view all the answers

What is the minimum amount of the daily indemnity?

Eight times the hourly minimum guaranteed salary Signup and view all the answers

What is the employer's role in the process of claiming a daily indemnity?

The employer is not involved in the process Signup and view all the answers

What is the maximum duration of sick leave for which an employee can receive a daily indemnity?

There is no maximum duration Signup and view all the answers

In which cases is the daily indemnity equivalent to 100% of the daily salary from the first day?

For long illnesses or hospitalization Signup and view all the answers

What is an accident at work considered to be?

An accident occurring during and because of performance of the claimant's labour contract Signup and view all the answers

What is reimbursed to a victim of an accident at work?

Costs for hospital care, physiotherapy, medical, surgical, dental and pharmaceutical care as well as orthopaedic equipment Signup and view all the answers

What is the basis for reimbursing medical and pharmaceutical expenses for mothers on maternity leave?

100% of regulatory tariffs Signup and view all the answers

What is a qualifying child in the family benefit system?

A child who meets particular conditions with regard to education and age Signup and view all the answers

Who receives the family benefit?

The allottee Signup and view all the answers

What is the factor that determines the amount of family benefits?

The family revenue Signup and view all the answers

When are pregnant women entitled to maternity leave?

During both the prenatal and postnatal periods Signup and view all the answers

What is provided to mothers on maternity leave?

Benefits in kind Signup and view all the answers

Study Notes

Employment Law in Algeria

The Labor Law in Algeria is administered by the Ministry of Labor, Employment and Social Security.
The Labor Law covers holidays, leave, hours of work, minimum wage, overtime, termination pay, and wage payments, but does not cover employee compensation or retirement plans, which are covered under social taxes.

Employees' Rights and Obligations

Employees have the right to exercise union rights, collective bargaining, participation in the employing organization, social security and retirement, health, safety, and occupational medicine, recovery, and participation in the prevention and resolution of labor disputes, and strike action.
Employees also have the right to actual occupation, respect for physical and moral integrity and dignity, protection against discrimination in employment, professional training and promotion in the workplace, regular payment of remuneration, social benefits, and all benefits arising specifically from the employment contract.

Working Hours and Overtime

The working week typically runs from Sunday to Thursday, with a maximum of 40 hours per week and 8 hours per day (exclusive of a 1-hour break).
Friday is a statutory day of rest each week.
Women are not permitted to work between 9 pm and 5 am unless specific exceptions are granted by the Labour Inspectorate where the nature of the activity/job role requires.
Overtime hours must not exceed 20% of the maximum working hours (i.e., 8 hours per week).
Employees are entitled to overtime pay of at least 150% of the normal hourly wage if required to work additional hours.
If circumstances require an employee to work on their weekly day off, they must be granted another day off (in lieu) and 150% of their wage for the overtime period.

Annual Leave

Employees are entitled to a minimum of 30 calendar days' paid annual leave.
Employees working in Southern provinces are granted an additional 10 calendar days' paid annual leave.
Employees can also take a maximum of 30 calendar days' paid leave to perform Hajj, once in their employment.

Sick Leave

Employees are entitled to 15 days' paid sick leave at half salary; and full salary from the 16th day of sickness onwards.
Sick pay and the reimbursement of medical expenses are funded by the National Fund of Social Security, based on mandatory social contributions paid by the employed and the employee.

Family Rights

A female employee is entitled to 14 weeks' fully paid maternity leave, including a compulsory period of leave before the expected date of birth and following delivery of not less than six weeks.
Maternity pay is borne by the National Social Security Fund.
Employees are entitled to three days' paid leave in the event of family events such as marriage, birth of a child, circumcision of a child, marriage of a descendant, death of an ascendant, descendant, or blood relative to the first degree, or death of the spouse.

Employers must register all employees with the Social Security Fund and make social security contributions on behalf of all employees.
Employers must report any new employee to the relevant authority within 10 days of hiring.

Contributions

Social security contributions are based on gross compensation paid, including fringe benefits and bonuses.
Employer contributions are 25%, and employee contributions are 9%.
Employers must make an additional 1% contribution for the funds for social action.

Health Care

Health care covers both preventive and curative care required for maintaining and restoring a person's health.
The National Social Security Fund refunds the cost of medical treatment, varying with the nature of the treatment, the status of the insured, and the care provider's capacity.

Sickness Benefits

Sick pay offers benefits in kind and a daily cash benefit for employees.
Benefits in kind include coverage of expenses such as medical expenses, surgery, pharmaceutical, hospital, etc.
The daily indemnity cannot be less than eight times the net amount of the hourly minimum guaranteed salary (20,000 DZD) or greater than 1/30 of the monthly salary for the employee's position.

All salaried persons are covered against accidents at work and accidents on the way to and from work.
A victim of an accident at work is entitled to reimbursement of the costs for hospital care, physiotherapy, medical, surgical, dental, and pharmaceutical care, as well as orthopaedic equipment.

Family Benefits

Family benefits comprise several allowances, of which ordinary family allowance is the most important.
The amount of the family benefits depends on the family revenue.

Maternity Benefits

Pregnant women are entitled to maternity leave during the prenatal and postnatal periods.
Social security protection offers benefits in kind to mothers on maternity leave, including reimbursement of expenses linked to pregnancy and birth.

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