▷ Note: Law No. 23-08 of June 21, 2023, concerning the prevention and resolution of collective labour disputes and the right to strike. This law regulates prevention, provides for non-judicial resolution through conciliation (mandatory, led by the labour inspector), mandatory mediation (if conciliation fails), and optional arbitration (parties may refer the dispute to designated national or provincial committees if mediation fails).

▶ 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.

▶ 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.

▶ LRA
A Fixed Term Contract can only be concluded in limited instances, as provided in Section 12 LRA 1990 (e.g. 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).

No statutory provisions were found in the examined legislation in this respect.

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)

▶ 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.

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.

▶ Law No. 90-14 of 2 June 1990, (Trade Union Law [TUL]) relating to the modalities for exercising the trade union right, as amended
→ Section 53 TUL 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.

▷ 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 2 June 1990, (Trade Union Law [TUL]) relating to the modalities for exercising the trade union right, 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).

Note 2022: Law No. 22-16 of July 20, 2022, complements Law No. 90-11 of April 21, 1990, relating to labour relations. It allows workers to take unpaid leave (or opt for part-time work) for up to 1 year to start a business, once during their professional career.
▻ The law supplements the provisions of Law No. 90-11 with new Sections 56 bis, 56 bis 1, 56 bis 2, 56 bis 3, 56 bis 4, 56 bis 5, and 56 bis 6. These explicitly provide that the unpaid leave (or part-time arrangement) for business creation constitutes a suspension of the employment contract, while preserving the worker's job position and certain rights (e.g., access to public support schemes for entrepreneurship).
▻ During the suspension:
- Remuneration is suspended.
- Rights related to seniority and advancement cease.
However, the worker retains acquired rights tied to their position as of the start of the leave.
▻ If the business project fails and is not realized within the allotted timeframe, the worker has the right to request reinstatement in their original post (or full-time re-employment) by notifying the employer at least one month before the end of the leave or part-time period.
→ Dismissal during this suspension period is therefore presumed unlawful, as the employment contract is merely suspended (not terminated), and the employer is required to keep the position available for potential reinstatement. The employment relationship ends only if the worker successfully creates the business and does not request reinstatement within the specified timeframe (or explicitly chooses to terminate the contract).

▶ 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)
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).

▶ 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.

▶ 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).

▶ 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 (e.g. transfers, retraining, retirement and early retirements, readjustment of bonuses and benefits, salary reassessment, introduction of part-time work.)

▶ 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.

▶ 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 (e.g. transfers, retraining, retirement and early retirements, readjustment of bonuses and benefits, salary reassessment, introduction of part-time work).

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

▶ 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.

▶ 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.

▶ 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 (e.g. transfers, retraining, retirement and early retirements, readjustment of bonuses and benefits, salary reassessment, introduction of part-time work).

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.

▶ 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.

▶ 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.

- 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.