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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Algeria (Ratification: 1962)

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee takes note of the observations submitted by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014 concerning acts of anti-union discrimination against trade union officials in a number of enterprises in the maritime, financial and building sectors, as well as in certain public establishments (the Post Office and the education sector). The Committee urges the Government to provide its comments in this respect.

Article 4. Right of collective bargaining. The Committee notes that, according to the ITUC’s observations, a trade union must provide evidence that it represents at least 20 per cent of the total number of workers in a bargaining unit and at least 20 per cent of the participation committee within the employer’s organization in order to be able to bargain collectively. In this respect, the Committee recalls that, from its point of view, while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, the Committee considers, in cases where no union meets these conditions, or does not enjoy such exclusive rights, minority trade unions should at least be able to conclude a collective or direct agreement on behalf of their own members (see General Survey on the fundamental rights, 2012, paragraph 226) The Committee requests the Government to guarantee the respect of this principle and to continue providing statistics on the number of collective or direct agreements registered, both in the private and public sectors.