Algerian Labour Law PDF

# Introduction générale: - The purpose of law N 90-11 is to govern individual and collective labor relations between salaried workers and employers. - Salaried workers are all persons who provide manual or intellectual work for remuneration within the organization and on behalf of another person....

# Introduction générale: - The purpose of law N 90-11 is to govern individual and collective labor relations between salaried workers and employers. - Salaried workers are all persons who provide manual or intellectual work for remuneration within the organization and on behalf of another person. # 1- Labor contract - Algerian law states that a labor relationship arises from a written or unwritten contract, and that it exists in any case solely by working for the account of an employer. It creates rights and obligations for the parties. - Proof of the contract or labor relationship may be made by any means. - The minimum age required for recruitment cannot, in any case, be less than 16 years, except in the case of apprenticeship contracts established pursuant to the current legislation and regulations. - A minor worker can only be recruited on presentation of an authorization issued by his legal guardian. - A minor worker may not be employed in dangerous, unhealthy and harmful work or work that is detrimental to his morality. - Employers must reserve jobs for people with disabilities, according to the procedures to be fixed by regulations. ## A- General framework - The labor contract is deemed to be concluded for an indefinite period, unless otherwise stipulated in writing. - This is to ensure the stability of the labor relationship. - In the absence of a written labor contract, the labor relationship is presumed to be established for an indefinite period. - A contract concluded for a definite period in violation of law 90-11 is considered a permanent contract. ## B- exceptions: ### B1- Fixed-term full-time labor contract: - Performing periodic work of a discontinuous nature - When an increase in work or seasonal factors justify it - Replacing a position holder taking temporary leave, for whom the employer is required to keep the position - The worker is hired for the execution of a contract linked to construction contracts or non-renewable service contracts - For activities or jobs with a limited duration or that are temporary by nature **Notes**: - The labor inspector who is territorially competent shall ensure that the fixed-term contract is made for one of the expressly stated cases, and that the duration stipulated in the contract corresponds to the activity for which the worker was hired. ### B2- Fixed-term part-time labor contract: - The labor contract may also be concluded for an indefinite period, but for part-time, **i.e.** for an average working time that is less than the legal working time, but in no case can part-time work be less than half the legal working time. - This is when: - The volume of work available does not allow for hiring full-time workers - The volume of work available does not allow for hiring full-time workers who are willing. ## 2- The probationary period - The newly hired worker may be subject to a probationary period not exceeding 6 months. This period can be extended to 12 months for high-skilled jobs. - The probationary period is generally set by the company's internal regulations at 3 months. - The probationary period is determined through collective bargaining for each category of worker or for all workers. - **During the probationary period**: - The worker has the same rights and obligations as those holding similar jobs, and this period is taken into account when calculating his seniority within the employer's organization when he is confirmed at the end of the probationary period - The labor relationship can be terminated at any time by either party without compensation or notice. # 3- The rights of workers - Workers benefit from the following fundamental rights: - exercising the right of association - collective bargaining - participation in the employer's organization - social security and retirement - occupational health and safety - rest - participation in preventing and resolving labor disputes - the right to strike - Within the framework of labor relations, workers also have the right to: - **Effective employment**: - Protection against any discrimination, except for discrimination based on aptitude and merit, and any provision stipulated in a collective agreement, or a labor contract that could lead to discrimination between workers in terms of employment, remuneration or working conditions, based on age, sex, marital status, family ties, religious beliefs, political affiliation, or union membership, is void. - Respect for their physical and moral integrity and dignity - Vocational training and professional development - Regular payment of their due remuneration - Social benefits - All benefits arising specifically from the labor contract. # 4- Workers' obligations - Workers have the following fundamental obligations in terms of labor relations: - Perform their obligations related to their jobs to the best of their abilities, with diligence and assiduity within the organization of work established by the employer. - Contribute to the employer organization's efforts to improve organization and productivity. - Carry out instructions issued by the management appointed by the employer within the normal exercise of its managerial powers. - Adhere to hygiene and safety measures established by the employer in accordance with labor law and regulations. - Accept medical check-ups, both internal and external, that the employer may carry out as part of occupational health or attendance monitoring. - Participate in training, professional development, and retraining programs that the employer initiates for improving organizational efficiency or for improving hygiene and safety - Not to have direct or indirect interests in a company or organization that is a competitor, customer, or subcontractor, unless otherwise authorized, and not to compete with the employer in its field of activity. - Not to disclose professional information related to techniques, technologies, manufacturing processes, organizational methods, and in general, not to disclose internal documents of the employer organization, unless that disclosure is required as part of the law or their hierarchy. - Adhere to obligations arising from the labor contract. # 5- Working time: - The legal working time is generally set at 40 hours per week, spread over at least 5 working days. - The daily working time is a maximum of 12 hours. - By derogation from Article 2 of Law No. 97-03, the weekly working time may be: - Reduced for workers doing particularly strenuous and dangerous work or work involving physical or mental strain. - Increased for certain positions involving periods of inactivity. ## Night work: - Night work is defined as any work performed between 9 pm and 5 am. - The rules and conditions for night work, as well as the rights related to it, are determined by collective agreements or collective agreements. # 6- Legal rest, holidays and absences ## A- Legal rest: - The weekly day of rest and public holidays are legal rest days. - Workers are entitled to one full day of rest per week. The normal day of rest is Friday, subject to the conditions of work. - Public holidays are paid and set by law - A worker who has worked on a legal rest day is entitled to compensatory rest of equal duration, and benefits from overtime pay for those hours. - When economic imperatives or those related to the organization of production require it, the weekly rest day may be postponed or taken on another day. - The practice of the rotating weekly rest day may be applied to organizations and businesses, where an interruption of work on the weekly rest day is incompatible with the nature of the activity of the organization or establishment or is detrimental to the public. - In organizations and establishments of retail, the weekly rest day for all or part of the staff is determined by an order of the mayor, taking into account consumption needs and the need to ensure rotation between facilities and establishments in each category. ## B- Leave: - Every worker is entitled to paid annual leave given by the employer. Any waiver of leave by the worker, in whole or in part, is null and void. - The right to annual leave is based on the work performed during a reference period extending from the 1st of July of the year preceding the leave to the 30th of June of the year of the leave. - For newly hired workers, the starting point of the reference period is the date of recruitment. - Paid leave is calculated at a rate of 2.5 days per month of work, but the total duration cannot exceed 30 calendar days per year of work. - Additional leave, which cannot be less than 10 days per year of work, is granted to workers working in the southern states. - The modalities of the granting of this leave are set by collective agreements. - Any period equivalent to 24 working days or four weeks of work is equivalent to one month of work when determining annual paid leave. This period is equal to 180 working hours for seasonal or part-time workers. - A period exceeding 15 working days in the first month of a worker's contract is equivalent to one month of work for the calculation of annual paid leave. - The duration of the basic leave can be extended for workers engaged in particularly strenuous or dangerous work involving special constraints, and collective agreements or regulations specify the modalities of applying these provisions. - Leave for long-term illness cannot exceed one month per year, regardless of the duration of sick leave. - A worker on leave may be recalled for urgent work. - The labor relationship is neither suspended nor terminated during annual leave - A worker is authorized to interrupt his annual leave due to illness and to benefit from sick leave and related rights. - The leave schedule and its division are set by the employer after consulting the participation committee established by this law, where applicable - The allowance for annual leave is equal to one-twelfth of the total remuneration received by the worker during the reference year of the leave or for the preceding year. - The allowance for annual leave is due to workers performing jobs, in branches and sectors of activity that are not usually performed continuously during the reference period for assessing the leave right, is paid by a specific fund. - In this case, employers must be mandatorily affiliated with this fund, and the expenses related to leave allowance payments as well as management costs are covered by a contribution borne solely by employers. - Factors that help determine the duration of annual leave: - Periods of completed work time - Periods of annual leave - Periods of paid special leave or leave authorized by the employer. - Periods of legal rest. - Periods of leave for maternity, illness, and work-related accidents. - Periods of maintenance or recall under military orders. ## C- Absences - Except as provided in law or legislation, workers, regardless of their position within the hierarchy, cannot be paid for a period of time not worked without prejudice for disciplinary measures provided for in the company's internal regulations . - In addition to cases of absence due to causes specified in the legislation related to social security, workers may, subject to prior notice and justification to the employer, benefit from absences without deduction of pay for the following reasons: - Performing tasks related to trade union representation or staff representation, according to durations set by legal or contractual provisions - Attending vocational or trade union training courses authorized by the employer or taking academic or vocational exams. - Performing the pilgrimage to the holy places once during their professional career - Attending any of the following family events: marriage of the worker, birth of a child of the worker, marriage of a child of the worker, death of an ascendant, descendant or collateral relative up to the first degree of the worker or of his spouse, death of the spouse of the worker, circumcision of a child of the worker. - In these cases, the worker is entitled to three paid working days. - However, in the event of a birth or death, proof will be provided later. - During pre-and postnatal periods, female workers benefit from maternity leave, in accordance with the current legislation. They may also benefit from additional facilities, under the conditions set by the company's internal regulations. - Unpaid special leave may be granted by the employer to workers who have an urgent need to be absent, under the conditions set by the company's internal regulations. # 7- Internal regulations: - In work organizations with 20 or more employees, the employer is required to develop an internal regulation and to submit it for the consideration of the participation bodies or, failing that, to the employee representatives, before it is implemented. - In organizations with less than 20 employees, the employer may develop an internal regulation, according to the specific nature of the activities. - The specific nature of these activities is set by regulations. - Internal regulations are a document through which the employer mandatorily sets the rules relating to the technical organization of work, hygiene, safety and discipline. - In terms of discipline, the internal regulations set the definition of professional misconduct, the corresponding levels of sanctions, and the procedures for implementing the sanctions. - Internal regulation clauses that violate or restrict worker rights as they result from laws, regulations and collective agreements or contracts in force, are null and void. - Internal regulations are submitted to the labor inspection body that is territorially competent for approval of compliance with labor legislation and regulations, within eight days. - Internal regulations take effect as soon as they are filed with the clerk of the territorially competent court. - Employers can widely advertise the internal regulations to the workers concerned. # 8- Suspension of the labor relationship: - The suspension of the labor relationship takes effect by law: - By mutual agreement of the parties - By sick leave or similar leaves, as provided for by legislation and regulations governing social security - By fulfilling the obligations of national service and periods of maintenance or training within the reserve - By taking up an elected public office - By deprivation of liberty of the worker, until a final conviction is issued - By a disciplinary decision suspending the exercise of the duty - By exercising the right to strike - By unpaid leave - Workers shall be reinstated as of right to their original position or to a position with equivalent remuneration upon the expiry of the periods that caused the suspension of the labor relationship. # 9- Termination of the labor relationship: - The labor relationship is terminated by: - The nullity or legal repeal of the labor contract - The expiry of a fixed-term labor contract. - Resignation - Dismissal - Permanent inability to work, as specified by the law - Lay-offs due to the reduction of workforce - The cessation of the legal activity of the employer organization - Retirement - Death. - When terminating the labor relationship, the workers are given a work certificate indicating: -the date of recruitment, the date of termination of the labor relationship, as well as the positions held and the corresponding periods. -Issuing a work certificate does not annul the rights and obligations of the employer and the worker arising from the labor contract or training contracts, unless otherwise agreed upon in writing between them. # Participation of workers ## Participation bodies: - Within the employer organisation, worker participation is ensured: - In each workplace with at least 20 workers, through the employee representatives. - At the headquarters of the employer organisation, through a participation committee composed of elected employee representatives. - When there are multiple workplaces with less than 20 workers each, but the total number is at least 20, workers may be affiliated with the nearest workplace or grouped to elect their employee representatives. - Within the same employer organisation, the elected employee representatives elect a participation committee from among their ranks. - If the employer organisation consists of multiple distinct workplaces, the employee representatives of each distinct workplace exercise their powers within the workplace, under the authority of the participation committee. ## Electoral methods for participation bodies: - Employee representatives are elected by the workers concerned by direct, secret and individual ballot. - The following persons are not eligible: - Executive officers of the employer organisation. - Ascendants, descendants, collaterals, or in-laws of the employer and executive officers up to the first degree. - Workers holding positions of responsibility with disciplinary powers and workers who do not enjoy their civil and civic rights. - Employee representatives are elected from among confirmed workers who meet the conditions for voting, are at least 21 years old and have worked for the employer organisation for at least one year. This condition is not required for employer organisations created less than one year ago. - The electoral system must ensure, in addition, a fair representation of the various socio-professional categories within the workplace and the employer organisation concerned. - The candidates who receive the most votes are declared elected. - If two or more candidates receive the same number of votes, seniority within the employer organisation is taken into account, to determine the winner. - If the candidates elected have the same seniority, the oldest candidate is declared the winner. - The number of employee representatives is determined as follows: - 20 to 50 workers: 1 representative - 51 to 150 workers: 2 representatives - 151 to 400 workers: 4 representatives - 401 to 1,000 workers: 6 representatives - For more than 1,000 workers, one additional representative is added for every 500 workers - Any dispute concerning the election of employee representatives shall be brought before the territorially competent court within 30 days following the elections, which shall rule on the matter within 30 days of its referral by a judgment that is final and binding. - The term of office for employee representatives is three years. - The term of office for employee representatives can be revoked by a majority vote of the workers who elected them, at a general meeting convened by the chairman of the participation committee, at the request of at least one-third of the workers concerned. - In the case of an office becoming vacant for any reason, the representative is replaced by the worker who, in the elections, received the highest number of votes. - If the participation committee consists of at least two employee representatives, it sets its internal regulations and elects, from its ranks, an executive office composed of a chairman and a vice-chairman. - The participation committee meets at least once every three months. It shall meet at the request of its chairman or at the request of a majority vote of its members. - The agenda for these meetings must be submitted to the employer at least 15 days in advance. The employer may delegate one or more representatives to these meetings. - The participation committee also meets, under the chairmanship of the employer or his duly authorized representative, assisted by his main collaborators, at least once per quarter. The agenda for these meetings must be submitted to the chairman of the participation committee at least 30 days in advance and must cover subjects within the remit of the participation committee. - Employee representatives are entitled to consume a monthly paid work time credit of 10 hours, provided by the employer, during the exercise of their term of office, except during their annual leave. The rules for using this work time credit are agreed upon with the employer.. - Employee representatives may agree to combine the work time credits assigned to one or more representatives, with the agreement of the employer. - The time spent by employee representatives at meetings convened at the initiative of the employer, or accepted by the employer at their request, is not taken into account in calculating the work time credit. - The employer provides the participation committee and the employee representatives with the resources necessary for holding their meetings and performing secretarial work. - The participation committee organises its activities within the framework of its remit and its internal regulations, and may seek the services of non-employer experts. - In exercising their professional activities, employee representatives are subject to legislative, regulatory and contractual provisions relating to the rights and obligations of workers. - No employee representative may be subject, by the employer, to dismissal, transfer or any other disciplinary sanction, regardless of the nature of the actions taken in the exercise of their duties.