Sickness Insurance (Industry) Convention, 1927 (No. 24) - Algeria (RATIFICATION: 1962)

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Article 3(1) of the Convention, in conjunction with Article 2(1). Sickness insurance coverage of apprentices. The Committee understands from the report, that apprentices are covered by the sickness insurance to the extent that their contributions are paid from the State budget. The Committee recalls that pursuant to section 1(3) of Decree No. 85-33 of 9 February 1985 as amended by Decree No. 92-274 of 6 July 1992, apprentices who earn less than half of the monthly minimum wage are not entitled to cash payments guaranteed by the social security system in the event of incapacity for work. The Committee asks the Government to confirm that sickness insurance contributions in respect of an apprentice whose remuneration is less than half of the guaranteed minimum wage are also paid from the State budget.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 24, 42 and 44 to which Algeria is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to this Convention to ratify the Medical Care and Sickness Benefits Convention, 1969 (No. 130), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Parts II and III, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

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Article 3(1) of the Convention, in conjunction with Article 2(1). Sickness insurance coverage for apprentices. In its previous comments the Committee noted that apprentices receiving monthly pay which is equal to, or greater than, half of the guaranteed national minimum wage form part of the list of workers deemed equivalent to wage workers in terms of social security and are thus entitled to all social security benefits (Decree No. 85-33 of 9 February 1985 establishing the list of workers deemed equivalent to wage workers for social security purposes, as amended by Executive Decree No. 92-274 of 6 July 1992). However, those receiving monthly pay which is less than half of the guaranteed minimum wage are not entitled to cash payments guaranteed by the social security system in the event of incapacity for work. However, in its last report received in March 2013, the Government states that the national social security legislation provides that any persons working or earning wages, in whatever capacity or location, for one or more employers, regardless of the amount or nature of their remuneration or the form, type or validity of their contract or employment relationship, are affiliated to the social security scheme. The report also indicates that Act No. 11-08 of 5 June 2011 amending and supplementing Act No. 83-11 of 2 July 1983 concerning social insurance has opened the way to the extension of social security coverage to new categories of persons covered by social insurance which will be determined by regulation. In view of the foregoing, the Committee requests the Government to indicate to what extent the current legislation extends social security benefits to apprentices, regardless of their level of remuneration, in accordance with the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 (1) of the Convention, in conjunction with Article 2(1). Sickness insurance coverage for apprentices. As the legislation stands at present, apprentices receiving monthly pay which is equal to, or greater than, half of the guaranteed national minimum wage now form part of the list of workers deemed equivalent to wage workers in terms of social security and are thus entitled to all social security benefits (Decree No. 85-33 of 9 February 1985 establishing the list of workers deemed equivalent to wage workers for social security purposes, as amended by Executive Decree No. 92-274 of 6 July 1992). However, those receiving monthly pay which is less than half of the guaranteed minimum wage are not entitled to cash payments guaranteed by the social security system in the event of incapacity for work.

The Government indicates in its last report that the national legislation has not been amended. Even though the question of extending social security benefits to apprentices regardless of their level of pay is not currently on the agenda, the Government states that it will take the necessary measures in this field as soon as conditions permit.

The Committee therefore requests the Government to keep the Office informed of all progress made on the subject of sickness insurance coverage for apprentices so that they will be entitled to cash payments in the event of incapacity for work, in accordance with the provisions of the Convention. Moreover, the Committee repeats its request to the Government to supply information on the practical application of the Convention, particularly the statistics required under Part IV of the report form, including the total number of apprentices in relation to those deemed equivalent to wage workers for the purposes of social security coverage.

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Article 3, paragraph 1, of the Convention, in conjunction with Article 2, paragraph 1. Sickness insurance coverage for apprentices. As the legislation stands at present, apprentices receiving monthly pay which is equal to, or greater than, half of the guaranteed national minimum wage now form part of the list of workers deemed equivalent to wage workers in terms of social security and are thus entitled to all social security benefits (Decree No. 85-33 of 9 February 1985 establishing the list of workers deemed equivalent to wage workers for social security purposes, as amended by Executive Decree No. 92-274 of 6 July 1992). However, those receiving monthly pay which is less than half of the guaranteed minimum wage are not entitled to cash payments guaranteed by the social security system in the event of incapacity for work.

The Government indicates in its last report that the national legislation has not been amended. Even though the question of extending social security benefits to apprentices regardless of their level of pay is not currently on the agenda, the Government states that it will take the necessary measures in this field as soon as conditions permit.

The Committee therefore requests the Government to keep the Office informed of all progress made on the subject of sickness insurance coverage for apprentices so that they will be entitled to cash payments in the event of incapacity for work, in accordance with the provisions of the Convention. Moreover, the Committee repeats its request to the Government to supply information on the practical application of the Convention, particularly the statistics required under Part IV of the report form, including the total number of apprentices in relation to those deemed equivalent to wage workers for the purposes of social security coverage.

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The Committee notes that the Government’s report does not contain any reply to the points raised in its previous comments. It therefore hopes that the Government will supply detailed information with its next report with regard to the following point.

Article 3, paragraph 1, of the Convention, in conjunction with Article 2, paragraph 1. Sickness insurance coverage for apprentices. Under the terms of Decree No. 85-33 of 9 February 1985 establishing the list of workers deemed equivalent to wage earners for the purposes of social security, as amended by Executive Decree No. 92-274 of 6 July 1992, apprentices receiving monthly pay which is equal to or greater than half of the guaranteed national minimum wage now form part of the list of workers deemed equivalent to wage workers in terms of social security and are thus entitled to all social security benefits. However, those receiving monthly pay which is less than half of the guaranteed minimum wage are not entitled to cash payments guaranteed by the social security system in the event of incapacity for work. The Committee hopes that the Government will be able to reconsider this matter in the future and that it will take the necessary steps to enable all apprentices – given that they are paid, and whatever the level of such pay – to be entitled to cash payments in the event of incapacity for work, in accordance with the provisions of the Convention. It requests the Government to supply information on all progress made in this respect.

The Committee also requests the Government to supply information on the practical application of the Convention, particularly the statistics required under Part IV of the report form, including the total number of apprentices in relation to those deemed equivalent to wage workers for the purposes of social security coverage.

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In its previous comments, the Committee requested the Government to indicate the measures which had been taken or were envisaged to ensure the provision of cash benefits for apprentices in case of incapacity for work (sickness). The Government indicates in its latest report that apprentices receiving monthly remuneration equal to or above half the guaranteed national minimum wage are now on the list of workers assimilated to salaried employees in respect of social security and therefore benefit from all the social security benefits (section 1 of Decree No. 85-33, as amended by Decree No. 92-274).

The Committee notes with interest this progress in the application of the Convention to apprentices. However, it observes that apprentices receiving monthly remuneration lower than half the national guaranteed minimum wage still do not benefit from the cash benefits afforded by the social security system in the event of incapacity for work. It hopes that the Government will continue to examine this matter and that it will take the necessary measures to ensure that all apprentices, where they receive remuneration and irrespective of the level of such remuneration, are entitled to cash benefits in the event of incapacity for work, in accordance with Article 3, paragraph 1, of the Convention in conjunction with Article 2, paragraph 1. The Committee requests the Government to provide information on any progress achieved in this respect.

The Committee also requests the Government to provide information on the application of the Convention in practice, including the statistics requested under Part IV of the report form, with an indication of the number of apprentices.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In previous comments, the Committee had asked the Government to indicate what measures have been taken or envisaged to ensure the provision of cash benefits for apprentices in case of incapacity for work. The Government states in reply that these comments will be forwarded to the social security technical services for consideration and any changes will be reported in the future. The Committee notes this information and hopes that the Government will take the necessary steps in the near future to give full effect to Article 2, paragraph 1, of the Convention in this respect.

The Committee also notes the statistics provided in the Government’s report. It would appreciate it if the future reports of the Government would contain information on the number of beneficiaries of cash sickness benefit and medical care.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

In previous comments, the Committee had asked the Government to indicate what measures have been taken or envisaged to ensure the provision of cash benefits for apprentices in case of incapacity for work. The Government states in reply that these comments will be forwarded to the social security technical services for consideration and any changes will be reported in the future. The Committee notes this information and hopes that the Government will take the necessary steps in the near future to give full effect to Article 2, paragraph 1, of the Convention in this respect.

The Committee also notes the statistics provided in the Government’s report. It would appreciate it if the future reports of the Government would contain information on the number of beneficiaries of cash sickness benefit and medical care.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In reply to the Committee's previous comments concerning the coverage of apprentices by the sickness insurance system (Article 2, paragraph 1, of the Convention), the Government indicates in its report that by virtue of Act No. 83-11 of 2 July 1983 respecting social insurance, apprentices benefit from sickness insurance through their status as dependants of insured persons. The Committee takes due note of this information. It notes however that by virtue of sections 8, 66 and 67 of Act No. 83-11 of 1983, apprentices are entitled to benefits in kind, but not to the cash benefits provided for in section II, title II, of this Act. In these circumstances, the Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to guarantee that apprentices benefit from cash benefits in the event of incapacity for work, in accordance with the provisions of Article 3 of the Convention.

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In previous comments, the Committee had asked the Government to indicate what measures have been taken or envisaged to ensure the provision of cash benefits for apprentices in case of incapacity for work. The Government states in reply that these comments will be forwarded to the social security technical services for consideration and any changes will be reported in the future. The Committee notes this information and hopes that the Government will take the necessary steps in the near future to give full effect to Article 2, paragraph 1, of the Convention in this respect.

The Committee also notes the statistics provided in the Government's report. It would appreciate it if the future reports of the Government would contain information on the number of beneficiaries of cash sickness benefit and medical care.

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In reply to the Committee's previous comments concerning the coverage of apprentices by the sickness insurance system (Article 2, paragraph 1, of the Convention), the Government indicates in its report that by virtue of Act No. 83-11 of 2 July 1983 respecting social insurance, apprentices benefit from sickness insurance through their status as dependents of insured persons. The Committee takes due note of this information. It notes however that by virtue of sections 8, 66 and 67 of Act No. 83-11 of 1983, apprentices are entitled to benefits in kind, but not to the cash benefits provided for in section II, title II, of this Act. In these circumstances, the Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to guarantee that apprentices benefit from cash benefits in the event of incapacity for work, in accordance with the provisions of Article 3 of the Convention.

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The Committee notes the information supplied by the Government in its report. It notes with interest that a new social security scheme was introduced on 1 January 1985 with the adoption of Act No. 83-11 of 2 July 1983 and of the new Regulations respecting social insurance. The Regulations are intended to introduce a single social insurance scheme.

With reference to its previous comments, it also notes with interest that the benefits in kind prescribed under section 8 of Act 83-11, and in paragraph III of Decree No. 84-27 of 11 February 1984 include the coverage of expenses for the supply and fitting of medical and prosthetic appliances in accordance with Article 4 of the Convention.

The Committee notes, nevertheless, that in conflict with Article 2, paragraph 1, of the Convention, under section 3 of Decree 85-33 of 9 February, apprentices are considered as being similar to employees only in respect of employment accidents and occupational diseases and do not therefore receive sickness insurance benefits. The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention in this respect also.