References
Labour Relations Act [LRA 1990], Act No. 90-11 of 21 April 1990, as last amended Order No. 97-02 of 11 January 1997
(in French only: Loi no 90-11 du 21 avril 1990 relative aux relations de travail, telle que modifiée par l'ordonnance no 97-02 du 11 janvier 1997)
Date:
1 Jan 1970;
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Legislative Decree No. 94-09 on the preservation of employment and protection of employees who may unintentionally lose their job
(in French only: Décret législatif no 94-09 du 26 mai 1994 portant préservation de l'emploi et protection des salariés susceptibles de perdre de façon involontaire leur emploi)
Date:
1 Jan 1970;
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Individual Labour Disputes Settlement Act [ILDSA], No. 90-04 of 6 February 1990
(in French only: Loi n° 90-04 du 6 février 1990 relative an reglement des conflits individuels de travail)
Date:
1 Jan 1970;
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Law No. 90-14 of 2 June 1990, (Trade Union Law [TUL]) relating to the modalities for exercising the trade union right, amended and supplemented on June 10, 1996. (In French only: Loi n° 90-14 du 2 juin 1990 relative aux modalités d'exercice du droit syndical modifiée le 10 June 1996)
Date:
1 Jan 1970;
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Rectificatif - Ordinance No. 96-21 of 9 July 1996, amending and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations. (In French only: Ordonnance n° 96-21 du 9 juillet 1996)
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Law No. 91-29 of December 21, 1991, [LRA 1991] Corrigendum - amending and supplementing Law No. 90-11 of April 21, 1990, concerning labour relations. (In French only: La loi n° 91-29 du 21 décembre 1991 modifiant et complétant la loi n 90-11 du 21 avril 1990 relative aux relations de travail).
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Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants, army, judiciary
▶ LRA 1990
→ Section 3 LRA indicates that Civilian and military personnel of the national defense, magistrates, civil servants and contract employees of state, wilaya and municipal public institutions and administrations, as well as personnel of public administrative establishments, are governed by specific legislative and regulatory provisions.
Collective agreements :
Reforms under process:
A reform of the Labour Code is planned since 2011.<br/>Une réforme du Code du travail est prévue depuis 2011.
FTC regulated: Yes
▶ LRA 1990 as modified by the Ordinance No. 96-21 of July 9, 1996, amending and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 12 LRA 1990 indicates that: A fixed-term employment contract, whether full-time or part-time, may be concluded in the cases expressly provided for below:
▻ where the worker is recruited for the performance of work linked to non-renewable works or service contracts;
▻ where it is a question of replacing the holder of a post who is temporarily absent and for whose benefit the employer is required to keep the job;
▻ where the employer needs to carry out periodic work of a discontinuous nature;
▻ where an increase in workload or seasonal reasons justify it.
▻when it comes to activities or jobs of limited duration or which are by nature temporary (sub-section added by § 2 of the Ordinance No. 96-21 of 1996).
→ In all these cases, the employment contract shall specify the duration of the employment relationship as well as the reasons for the fixed duration.
▶ Collective framework agreement of the private sector of 30 September 2006 (CFA)
→ See also Sections 25 to 35 of the CFA.
Valid reasons for FTC use: objective and material reasons
▷ A Fixed Term Contract can only be concluded in limited instances, as provided in Section 12 LRA 1990 (i.e temporary replacement of a worker, performance of casual tasks of a discontinuous nature, seasonal work or cases of a temporary increase in workload, performing work for a limited time that is temporary in nature).
Maximum number of successive FTCs: no limitation
No statutory provisions were found in the examined legislation in this respect.
Maximum cumulative duration of successive FTCs: 36month(s)
No limitations were identified in the examined legislation in this respect.
▶ Collective framework agreement of the private sector of 30 September 2006 (CFA)
However, for workers covered by the Collective Framework Agreement, the maximum cumulative duration of successive FTCs is 36 months.(§26 CFA)
Maximum probationary (trial) period (in months): 12 month(s)
▶ LRA 1990
Sections 18 to 20 of the LRA provide for probationary periods.
→ Section 18 LRA 1990 indicates that: The probationary period shall not exceed 10 months. It can, however, be extended to 12 months when the job requires a high-level qualification.
▷ Note: The probationary period is set through collective bargaining for each workforce category or for the entire workforce.
Excluded from protection against dismissal: No
No categories of workers are entirely excluded from protection against dismissal. The law applies generally, with enhanced protections for certain groups (making dismissal harder or null if violated), rather than exclusions.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: trade union membership and activities
▶ Law No. 90-14 of June 2, 1990 (Trade Union Law (TUL)), as amended.
→ Section 53 of the Act No. 90-14 of 2 June 1990 on the exercise of the right to organise prohibits the dismissal (and any other disciplinary measures) of a trade union officer on the grounds of his/her trade union activities.
▶ LRA 1990
- The LRA 1990 does not contain any provision expressly prohibiting the dismissal of a worker on certain discriminatory grounds.
However, Section 17 of the LRA indicates that: any provision in a collective agreement or contract of employment that establishes discrimination between workers in matters of employment, remuneration, or working conditions, based on age, sex, social or marital status, family ties, political beliefs, or membership or non-membership in a trade union, is null and void.
Workers enjoying special protection:
▷ Under Algerian labour législation, certain categories benefit from special protections, making dismissal more difficult, often requiring prior authorization, nullity if violated, or procedural safeguards. Dismissal is generally prohibited or restricted on discriminatory grounds, including union activity.
▶ LRA 1990
→ Section 113 of the LRA 1990 indicates that: No staff delegate may be subject, by the employer, to dismissal, transfer, or any other disciplinary sanction of any kind whatsoever, due to the activities arising from their mandate.
▶ Law No. 90-14 of June 2, 1990 (Trade Union Law (TUL)), as amended.
→ Section 53 TUL indicates that: No trade union delegate may be subject, by their employer, to dismissal, transfer, or any disciplinary sanction of any kind whatsoever, due to their trade union activities.
→ Section 56 TUL provides that: Any dismissal of a trade union delegate in violation of this law is null and void.
▻ The delegate must be reinstated, and rights restored. The labour inspector can initiate proceedings, leading to judicial nullity and enforcement.
▻ Protection extends for 1 year after the end of the mandate (§57).
.
Notification to the worker to be dismissed: written
▶ LRA as amended by the Law n° 91-29 of 21 December 1991 (LAR 1991), modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
Any disciplinary dismissal (summary dismissal for serious misconduct) shall be notified in writing (Section 73-2 LRA 1991). A prior oral interview is also required. The law does not specify the form of notification for dismissals based on economic grounds.
→ Section 73-2 LRA 1991 indicates that: The dismissal provided for in Section 73 [of this law] is carried out in accordance with the procedures set out in the internal regulations.
These procedures require written notification of the dismissal decision, and a hearing by the employer of the employee concerned, who may, on this occasion, be assisted by a worker of their choice, belonging to the employing organization.
▶ Collective framework agreement of the private sector of 30 September 2006 (CFA)
However, under the Collective Framework Agreement (CFA) of 2006, the dismissal decision shall be notified to the employee in writing (§66 CFA).
The CFA also requires the employer to conduct an oral interview with the employee prior to any dismissal not resulting from a workforce reduction (§64 CFA).
Notice period:
▶ LRA as amended by the Law n° 91-29 of 21 December 1991 (LRA 191), modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 73-5 LRA 1991 provides that any employee who did not commit an act of serious misconduct is entitled to a notice period (délai-congé) whose duration must be established in collective agreements.
The LRA does not specify the duration of the notice period.
▶ Collective framework agreement of the private sector of 30 September 2006 (CFA)
However, Section 67 of the CFA provide for notice period requirements indicating that: Unless there are provisions in the law, the employment contract, or collective agreements that are more favourable to the employee, upon dismissal (except for serious misconduct), any employee is entitled to a notice period that shall be at least equivalent to the probationary period set out for that position. The notice period is increased by 5 days for each year of service with the same employer, up to a maximum of 30 days.
Pay in lieu of notice: Yes
▶ LRA as amended by the Law n° 91-29 of 21 December 1991 (LRA 1991), modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
The new Subsection 6 of the amended Section 73 of the LRA, introduces the right to pay in lieu of notice or "indemnité compensatrice de préavis". This provision was added by the Law n° 91-29 of 21 December 1991, modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 73-6 LRA 1991, indicates that: A dismissed worker is entitled, during their notice period, to two hours per day, which can be accumulated and paid, to allow them to look for another job.
▻ The employer may fulfil their obligation to provide the notice period by paying the dismissed worker an amount equal to the total remuneration they would have received during the same period.
▻ Cessation of activity does not release employers from their obligation to respect the notice period.
▷ Note: The LRA 1991 subdivided and expanded Section 73 into several sub-sections (73-1 to 73-6 LRA 1991), including a specific provision on the notice period and the employer's option to pay compensation instead of requiring the employee to work it out.
Notification to the public administration: No
No statutory provisions were found in the examined legislation in this respect.
Notification to workers' representatives: No
No statutory provisions were found in the examined legislation in this respect.
Approval by public administration or judicial bodies: No
No statutory provisions were found in the examined legislation in this respect.
Approval by workers' representatives: No
No statutory provisions were found in the examined legislation in this respect.
Definition of collective dismissal (number of employees concerned) No number is specified in the Labour Relations Act.
▶ LRA 1990
→ Section 69 LRA 1990 allows the employer to undertake a workforce reduction for economic reasons. Workforce reduction is defined as a measure of collective dismissal resulting in simultaneous individual dismissals.
▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
→ Sections 5 and 6 of Decree No. 94-09 set out procedural requirements applicable to workforce reduction cases. In particular, it provides for a social component ("volet social") of the procedure for workforce reduction (= a social plan) to be implemented in undertakings with more than 9 employees.
This social component mainly comprises a set of measures aimed at preventing dismissals (§§ 7, 8, 9, Decree No. 94-09).
Notification to the public administration Yes
▶ LRA 1990
The LRA does not prescribe prior consultations with the workers' representatives.
▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
→ Sections 10 to 14 of the Decree No. 94-09 provides for mandatory consultations with the worker's representatives on the content and the implementation of the social plan ("volet social") which includes measures aimed at avoiding dismissals (ie: transfers, retraining, retirement and early retirements, readjustment of bonuses and benefits, salary reassessment, introduction of part-time work.)
Notification to trade union (workers' representatives) Yes
▶ LRA
No provision in the LRA.
▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
However, under Sections 15 and 16 of the Legislative Decree No. 94-09, once the parties have reached an agreement on the social plan, the employer shall submit it to the registry of the competent tribunal and to the labour administration. In addition, when implementing the workforce reduction, the employer shall transmit the list of the employees concerned to the competent labour inspection and to the unemployment insurance funds.
Notification to workers' representatives: Yes
▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
→ Sections 10 to 14 of the Legislative Decree No. 94-09 provides for mandatory consultations with the worker's representatives on the content and the implementation of the social plan ("volet social") which includes measures aimed at avoiding dismissals (ie: transfers, retraining, retirement and early retirements, readjustment of bonuses and benefits, salary reassessment, introduction of part-time work).
Approval by trade union (workers' representatives) No
No statutory provisions were found in the examined legislation in this respect.
Approval by workers' representatives No
No statutory provisions were found in the examined legislation in this respect.
Priority rules for collective dismissals (social considerations, age, job tenure) Yes
▶ LRA 1990
→ Section 71 LRA 1990 indicates that: The procedures for workforce reductions are determined after all means that could prevent their use have been exhausted, based in particular on criteria of seniority, experience, and qualifications for each job.
Collective agreements and contracts specify all established procedures.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) No
▶ LRA 1990
→ Section 69 LRA 1990 stipulates a prohibition for any employer who has carried out a procedure of workforce reduction to hire new workers in the same workplaces in the professional categories of those workers affected by the downsizing, indicating that: [...] It is forbidden for any employer who has carried out a reduction in staff to resort to new recruitment in the same workplaces in the professional categories of the workers affected by the reduction in staff.
Priority rules for re-employment Yes
▶ LRA 1990
→ Section 70 LRA 1990 indicates that: before proceeding with a workforce reduction, the employer is required to use all means likely to reduce the number of dismissals, including: reducing working hours, part-time work as defined in this law, the early retirement procedure in accordance with current legislation, and exploring the possibility of transferring staff to other activities that the employer can develop or to other companies. If these measures are refused, the employee is entitled to severance pay for workforce reduction.
▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
→ Sections 7 to 9 of the Decree No 94-09 on the mandatory social component of the procedure of workforce reduction (= a social plan), which shall be adopted in undertakings with more than 9 employees. This consists of a set of protection measures aimed at avoiding dismissals (transfers, retraining, retirement and early retirements, readjustment of bonuses and benefits, salary reassessment, introduction of part-time work).
Notes / Remarks
Note that the procedural requirements related to the elaboration of the social plan (including consultations with the worker's representatives) set out in the Legislative Decree No 94-09 only apply to undertakings with more than 9 employees.
Severance pay:
▶ LRA
No statutory severance pay under LRA.
▶Collective framework agreement of the private sector of 30 September 2006 (CFA)
However, under Section 63 of the CFA, an employee is entitled to severance pay :
1) if he/she is dismissed for reasons not connected with the commission of a serious misconduct; and
2) if he/she has at least 2 years of service with the same employer.
The amount of severance pay cannot be less than 15 days' wages per year of service, calculated on the basis of the last salary.
tenure ≥ 6 months: 0 month(s).
tenure ≥ 9 months: 0 month(s).
tenure ≥ 1 year: 0 month(s).
tenure ≥ 2 years: 30 day(s).
tenure ≥ 4 years: 60 day(s).
tenure ≥ 5 years: 75 day(s).
tenure ≥ 10 years: 150 day(s).
tenure ≥ 20 years: 300 day(s).
Redundancy payment:
▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
→ Section 22 of the Decree No. 94-09 provides that in the case of a dismissal resulting from a workforce reduction, the employer has to pay to any worker who is entitled to the social security regime of unemployment, an amount equivalent to 3 months' wages.
tenure ≥ 6 months: 3 month(s).
tenure ≥ 9 months: 3 month(s).
tenure ≥ 1 year: 3 month(s).
tenure ≥ 2 years: 3 month(s).
tenure ≥ 4 years: 3 month(s).
tenure ≥ 5 years: 3 month(s).
tenure ≥ 10 years: 3 month(s).
tenure ≥ 20 years: 3 month(s).
- Any dismissal (except for serious misconduct) of a worker covered by the Collective Framework Agreement (2006) with at least 2 years of service with the employer: severance pay of at least 15 days' wages for each year of service
- Economic dismissal (workforce reduction): redundancy pay = 3 months' wages.
mine workers: No
▶ LRA as amended by the Law n° 91-29 of 21 December 1991, modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 73-4 LRA 1991 indicates that: In the event of a presumed unfair dismissal or a dismissal carried out in violation of mandatory legal and/or contractual procedures, the employee may file a claim for annulment of the dismissal decision and/or for damages to compensate for the harm suffered with the competent court, which shall rule in the first and last instance.
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): - Compensation for unfair disciplinary dismissal in lieu of reinstatement: at least 6 months' pay.<br/>- In case of non-compliance with mandatory procedural requirements: the dismissal is void, and the employer shall pay compensation which shall at least amount to back pay.
▶ LRA 1991
→ Section 73-4 LRA 1991 indicates that: In the event of a presumed unfair dismissal or a dismissal carried out in violation of mandatory legal and/or contractual procedures, the employee may file a claim for annulment of the dismissal decision and/or for damages to compensate for the harm suffered with the competent court, which shall rule in the first and last instance.
managerial / executive positions: Yes
▶ LRA as amended by the Law n° 91-29 of 21 December 1991, modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 73-4 LRA 1991 indicates that: In the event of a dismissal presumed to be unfair or carried out in violation of mandatory legal and/or contractual procedures, the worker may file a claim for annulment of the dismissal decision and/or for damages in compensation for the harm suffered with the competent court which shall rule in first and last instance.
▶ Ordinance No. 96-21 of July 9, 1996, amending and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 9 of the Ordinance No. 96-21 of 1996 modifies the provisions of Section 73-4 of the LRA 1991 as follows:
- If a worker is dismissed in violation of mandatory legal and/or contractual procedures, the Court hearing the case, ruling in the first and last instance, shall annul the dismissal decision for failure to comply with procedures, order the employer to complete the prescribed procedure, and award the worker, at the employer's expense, financial compensation that may not be less than the worker's salary as if they had continued working.
- If a worker is dismissed in violation of the provisions of Section 73 above, it shall be presumed to be unfair. The Court, having been seized of the matter, rules in the first and last instance, and decides either on the reinstatement of the worker in the company with maintenance of acquired benefits, or, in the event of refusal by one or the other party, on the granting to the worker of financial compensation which may not be less than six (6) months' salary, without prejudice to any potential damages. The judgment rendered in this matter is subject to appeal to the Higher Court (Cour de Cassation).
police: Yes
▶ LRA 1990
Section 120(11) LRA 1990 indicates that collective agreements concluded under the conditions set out in this law address employment and working conditions and may, in particular, address, among others: Conciliation procedures in the event of a collective labour dispute.
▶ Law No. 90-04 of February 6, 1990 on settlement of individual labour disputes [ILDSA].
For preliminary mandatory conciliation before the Conciliation Office (Bureau de Conciliation):
→ Section 19 of ILDSA indicates that: Any individual employment dispute must, before any legal action, be subject to an attempt at conciliation before the conciliation board.
▻ However, the conciliation procedure referred to in the paragraph above is optional when the defendant resides outside the national territory, as well as in cases of bankruptcy or judicial reorganization of the employer.
▻ Individual employment disputes involving civil servants and agents governed by the regulations applicable to public institutions and administrations are excluded from the jurisdiction of the conciliation boards.
→ Section 6 of the ILDSA provides for the composition of the Conciliation Office which is made up of 2 representatives of the employers and 2 workers' representatives.
▶ Law No. 90-04 of February 6, 1990 on settlement of individual labour disputes [ILDSA].
According to the ILDSA, disputes regarding termination of employment are heard by the tribunal competent over labour matters [le "Tribunal siégeant en matiere sociale"] (§ 20 ILDSA). This tribunal shall comprise a judge and representatives of workers and employers (§ 8 ILDSA).
→ Section 20 of the ILDSA indicates that: Subject to the provisions of Section 7 of the Code of Civil Procedure, the courts sitting in social matters have jurisdiction over:
- individual employment disputes arising from the performance, suspension, or termination of an employment relationship, a training contract, or an apprenticeship contract;
- and all other matters expressly assigned to them by law.
→ Section 8 of the ILDSA provides that: The tribunal, competent for social matters, operates under the presidency of a magistrate assisted by two (2) employee assessors and two (2) employer assessors. The tribunal may validly sit in the presence of at least one (1) employee assessor and one (1) employer assessor.
Existing arbitration: No
No statutory provisions were found in the examined legislation in this respect.
Length of procedure:
No statutory provisions were found in the examined legislation in this respect.
Burden of Proof: employer
▶ LRA as amended by the Law n° 91-29 of 21 December 1991, modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 73-3 LRA 1991 indicates that: Any individual dismissal occurring in violation of the provisions of this law is presumed to be unfair, and the burden of proof lies with the employer to demonstrate the contrary.
No statutory provisions were found in the examined legislation in this respect.