Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Algeria (Ratification: 1969)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the indication in the Government’s report that the issue of sexual harassment has been thoroughly examined in the context of the draft Labour Code. It is the Committee’s understanding that sexual harassment in the workplace is considered as serious professional misconduct incurring disciplinary penalties, according to the internal rules of the workplace, regardless of any criminal prosecution. The Committee trusts that the future Labour Code will contain provisions that ensure full protection for workers against this serious form of discrimination, including protection against possible reprisals, and will explicitly define and prohibit all types of sexual harassment, namely both quid pro quo harassment and harassment in the form of conduct that creates a hostile or offensive working environment, and providing for appropriate penalties and compensation. With regard to practical measures to prevent and combat sexual harassment, the Committee requests the Government to supply information on any measures adopted or envisaged as part of the National Strategy for the Prevention of Violence against Women adopted in 2007, or in any other context specifically relating to work, in collaboration with employers’ and workers’ organizations.

Promoting equality and combating discrimination on the basis of criteria other than sex set out in Article 1(1)(a). Referring to its observation and recalling that Act No. 90-11 of 21 April 1990 concerning labour relations does not prohibit discrimination based on race, colour, religion or national extraction, the Committee requests the Government to indicate the manner in which workers are protected against any discrimination based on these grounds in practice. It urges the Government to provide information on the measures adopted or envisaged to combat discrimination and promote equality in employment and occupation without any distinction on the basis of race, colour, national extraction, religion, political opinion or social origin, in collaboration with employers’ and workers’ organizations.

Promoting and ensuring the application of the Convention. The Committee again requests the Government to provide information on the inspections carried out by the labour inspection services and the complaints received by inspectors in relation to equality in employment and occupation, and their outcome, with an indication of the grounds of discrimination concerned. Please provide information on: (i) any measures adopted with a view to providing information and raising the awareness of workers, employers and their organizations and also the general public with regard to the principles of non-discrimination and equality in employment and occupation; and (ii) any training provided to judges and labour inspectors concerning the detection and treatment of infringements relating to equality, the elimination of discrimination and the promotion of equality in employment and occupation.