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Algeria - Compensation & Benefit Legislation

CAPITAL

Algiers

 

CLIMATE

Along the coast - Mild, wet winters, arid to semiarid. Hot, dry summers. On the high plateau - Cold, drier winters and hot summers. Sirocco is hot, dusty and sand-laden wind particularly common in summer.

 

LANGUAGES

Arabic (official), French and Berber dialects.

 

LEGAL SYSTEM

Algeria’s legal system is socialist, based on French and Islamic law with judicial review of legislative acts in ad hoc Constitutional Council composed of various public officials, including several Supreme Court justices. Algeria has not accepted compulsory ICJ jurisdiction.

 

CURRENCY

Algerian Dinar (1 USD = 83.7540 DZD as of April 15, 2002)

 

ALGERIA - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

ALGERIA - EMBASSY/CONSULATES

U.S. Embassy at Algiers

4 Chemin Cheikh Bachir El-Ibrahimi

B.P. Box 549 (Alger-Gare) 16000

Algiers, Algeria

Telephone: [213] (2) 691-425

Fax: [213] (2) 69-39-79

 

Embassy of the Democratic and Popular Republic of Algeria at Washington D.C.

2118 Kalorama Road N.W.

Washington D.C. 20008

Telephone: (202) 265-2800

Fax: (202) 667-2174

http://www.algeria-us.org/

 

ALGERIA - HOLIDAYS

 

ALGERIA - LEAVE

Maternity Leave: 14 weeks – 100% of pay (paid by social security).

 

ALGERIA - MINIMUM AGE

The minimum age for employment is 16 years.

 

(Section 6.d. Acceptable Conditions of Work, Algeria – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

ALGERIA - MINIMUM REMUNERATION

The minimum wage is 8,000 dinars per month (approximately $105).

 

(Section 6.e. Acceptable Conditions of Work, Algeria – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

ALGERIA - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

ALGERIA - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6. Worker Rights

 

a. The Right of Association

 

Workers are required to obtain government approval to establish a union, and the Government may invalidate a union's legal status if its objectives are determined to be contrary the established institutional system, to public order, good morals or the laws or regulations in force. There are no legal restrictions on a workers right to join a union.

 

About two-thirds of the labor force belong to unions. There is an umbrella labor confederation, the General Union of Algerian Workers (UGTA) and its affiliated entities, which dates from the era of a single political party. The UGTA encompasses national unions that are specialized by sector. There are also some autonomous unions, such as unions for Air Algerie pilots (SPLA), executives of the state-owned hydrocarbon company Sonatrach (FNPA), airport technicians (SNTMA), and teachers (CNES).

 

The 1990 law on labor unions requires the Labor Ministry to approve a union application within 30 days. The Autonomous Unions Confederation (CSA) has attempted since early 1996 to organize the autonomous unions, but without success. The application that the CSA filed with the Labor Ministry still was pending at year's end, although the CSA continues to function without official status. The labor union organized by the banned FIS, the Islamic Workers Union (SIT), was dissolved in 1992 because it had no license.

 

Under the state of emergency, the Government is empowered to require workers in both the public and private sectors to stay at their jobs in the event of an unauthorized or illegal strike. According to the 1990 Law on Industrial Relations, workers may strike only after 14 days of mandatory conciliation or mediation. (The Government on occasion offers to mediate disputes.) The law states that decisions reached in mediation are binding on both parties. If no agreement is reached in mediation, the workers may strike legally after they vote by secret ballot to do so. A minimum level of public services must be maintained during public sector service strikes.

 

During the year, the ILO Committee of Experts requested the Government to take steps through legislation to ensure that no provisions of Legislative Decree 92-03 are applied against workers peacefully exercising the right to strike. The decree defines as subversive acts, or acts of terrorism, offenses directed against the stability and normal functioning of institutions through any action taken with the intention of "obstructing the operation of establishments providing public service" or of "impeding traffic or freedom of movement in public places." The Government claimed that the Decree is not directed against the right to strike or the right to organize and has never been used against workers exercising the right to strike peacefully.

 

On March 20, labor unions held a "general day of protest" against government privatization plans. Members of unions in the petrochemical, steel, tobacco, industrial vehicles, electronics, and utilities sectors participated.

 

The 1-day strike had little effect on daily life, but it gained the attention of government officials and highlighted the unions' concerns about economic reforms. On March 28, the Federation of Finance and Planning Employees held a general strike to protest recently adopted reforms to the Central Bank. The strike was publicized poorly and had little effect.

 

Unions may form and join federations or confederations, affiliate with international labor bodies, and develop relations with foreign labor groups. For example, the UGTA is a member of the International Confederation of Free Trade Unions (ICFTU). However, the law prohibits unions from associating with political parties and also prohibits unions from receiving funds from foreign sources. The courts are empowered to dissolve unions that engage in illegal activities.

 

b. The Right to Organize and Bargain Collectively

 

The law provides for collective bargaining for all unions, and the Government permits this right in practice. The law prohibits discrimination by employers against union members and organizers, and provides mechanisms for resolving trade union complaints of antiunion practices by employers. It also permits unions to recruit members at the workplace. However, the law prohibits unions from associating with political parties and also prohibits unions from receiving funds from foreign sources. The courts are empowered to dissolve unions that engage in illegal activities.

 

The Government has established an export processing zone in Jijel. Workers in the Export Processing Zone have the same rights as other workers in the country.

 

c. Prohibition of Forced or Compulsory Labor

 

Forced or compulsory labor is incompatible with the Constitution's provisions on individual rights, and the Penal Code prohibits compulsory labor, including forced or bonded labor by children. While the Government generally enforces the ban effectively, armed terrorist groups reportedly kidnap young women and girls hold them captive for weeks at a time, during which group members rape them and force them into servitude.

 

The ILO's Committee of Experts has noted that the law that requires persons who have completed a course of higher education or training to perform a period of service of between 2 and 4 years in order to obtain employment or work in an occupation, is not compatible with relevant ILO conventions dealing with forced labor. The Committee stated that it has been urging the Government for many years to cease imposing prison labor to rehabilitate persons convicted for expressing certain political views.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The minimum age for employment is 16 years. Inspectors from the Ministry of Labor enforce the minimum employment age by making periodic or unannounced inspection visits to public sector enterprises. They do not enforce the law effectively in the agricultural or private sectors. UNICEF reported in October that approximately 5 percent of children work in some capacity, and there is no child labor in the industrial sector; however, economic necessity compels some children to resort to informal employment, such as street vending. The Government prohibits forced and bonded labor by children. Armed terrorist groups frequently kidnaped young women and held them captive for weeks at a time. During this time, group members raped them and forced them into servitude.

 

On February 9, the Government ratified ILO Convention 182 on the worst forms of child labor.

 

e. Acceptable Conditions of Work

 

The law defines the overall framework for acceptable conditions of work but leaves specific agreements on wages, hours, and conditions of employment to the discretion of employers in consultation with employees. The Government fixes by decree a monthly minimum wage for all sectors; however, this is not sufficient to provide a decent standard of living for a worker and family. The minimum wage is approximately $105 (8,000 dinars) per month. Ministry of Labor inspectors are responsible for ensuring compliance with the minimum wage regulation; however, their enforcement is inconsistent.

 

In July 2000, the standard workweek was shortened to 37.5 hours. Workers who work beyond the standard workweek receive premium pay on a sliding scale from "time and a half" to "double time," depending on whether the overtime is worked on a normal work day, a weekend, or a holiday.

 

There are well-developed occupation and health regulations codified in the law, but government inspectors do not enforce these regulations effectively. There were no reports of workers being dismissed for removing themselves from hazardous working conditions. Because employment generally is based on very detailed contracts, workers rarely are subjected to conditions in the workplace about which they were not previously informed. If workers are subjected to such conditions, they first may attempt to renegotiate the employment contract and, that failing, resort to the courts.

 

f. Trafficking in Persons

 

The law does not prohibit specifically trafficking in persons. Armed terrorist groups frequently kidnapped young women and held them captive for weeks at a time, during which group members raped them and forced them into servitude. There is a rape crisis center in Algiers that specializes in caring for women who are victims of rape by terrorists.

 

ALGERIA - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

ALGERIA - STANDARD WORKWEEK

The standard workweek is 37.5 hours. Workers who work beyond the standard workweek receive premium pay on a sliding scale from "time and a half" to "double time," depending on whether the overtime is worked on a normal work day, a weekend, or a holiday.

 

(Section 6.e. Acceptable Conditions of Work, Algeria – Report of Human Rights Practices, 2001, U.S. Department of State.)