Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Algeria (Ratification: 1962)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3(1) of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that section 28 of the Act No. 90-11 of 21 April 1990 concerning employment relationships (Employment Relationship Act) prohibits the employment of workers of either sex under 19 years of age in night work which means any work performed between 9 p.m. and 5 a.m. (section 27). The Committee further noted that the prohibition of night work for young persons under the Employment Relationship Act did not cover a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m., as required by Article 3(1) of the Convention. The Government indicated that the Committee’s comments on that matter would be taken into account in the draft Labour Code under preparation.

The Committee notes the Government’s indication in its report that, to give full effect to the provisions of Article 3(1) of the Convention, section 45 of the draft Labour Code prohibits the employment of workers and apprentices of either sex under 18 years of age at night, which covers a period of 11 consecutive hours between 7 p.m. and 6 a.m. Noting that the Committee has been drawing the Government’s attention to the need to bring the national legislation into conformity with the Convention for many years, it firmly hopes that the draft Labour Code will be adopted in the near future and that its provisions will give full effect to Article 3(1) of the Convention. The Committee requests the Government to provide information on any progress made in this respect.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3(1) of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that, under section 27 of Act No. 90-11 of 21 April 1990 concerning employment relationships (Employment Relationship Act), the term “night work” means any work performed between 9 p.m. and 5 a.m. It also noted that section 28 of the Employment Relationship Act prohibits the employment of workers of either sex under 19 years of age in night work. The Committee noted that the aforementioned Act reiterated the provisions of sections 13 and 14 of Act No. 91 03 of 21 February 1981, on which it had been commenting for many years, as the prohibition of night work for children did not cover a period of at least 11 consecutive hours.

The Committee notes the Government’s indication, in its report, that the Committee’s comments on this matter are to be discussed so that they can be taken into account in the draft Labour Code under preparation. The Committee notes that the draft bill issuing the Labour Code of the People’s Democratic Republic of Algeria defines, in section 43, night work “as any period of work performed between 9 p.m. and 6 a.m. including a working-time interval of seven consecutive hours with a one-hour break”. Recalling that, under Article 3(1) of the Convention, the term “night” signifies a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m., and that the Government has been indicating, since 1990, that it will take the Committee’s comments into account, the Committee urges the Government to take the necessary steps without delay to give full effect to the provisions of Article 3(1) of the Convention. It requests the Government to provide information as soon as possible on any progress achieved in this respect. It also requests the Government to indicate whether, under section 43 of the draft Bill issuing the Labour Code, work of under seven consecutive hours performed between 9 p.m. and 6 a.m. is considered night work.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3(1) of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that, under section 27 of Act No. 90-11 of 21 April 1990 concerning employment relationships (Employment Relationship Act), the term “night work” means any work performed between 9 p.m. and 5 a.m. It also noted that section 28 of the Employment Relationship Act prohibits the employment of workers of either sex under 19 years of age in night work. The Committee noted that the aforementioned Act reiterated the provisions of sections 13 and 14 of Act No. 91-03 of 21 February 1981, on which it had been commenting for many years, as the prohibition of night work for children did not cover a period of at least 11 consecutive hours. The Committee reminded the Government that, under the terms of Article 3(1) of the Convention, the term “night” signifies a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m.

The Committee notes that the Government reiterates in its report that night work is prohibited for all young persons under 19 years of age and that the legislation is thus in conformity with the Convention. However, the Committee recalls that even though section 27 of the Employment Relationship Act complies with the interval prescribed by the Convention (between 9 p.m. and 5 a.m.), it does not specify the period during which night work is prohibited, namely 11 consecutive hours. Recalling that the Government has been indicating since 1990 that it would take the Committee’s comments into account, the Committee urges the Government to take the necessary steps in the near future to give full effect to Article 3(1) of the Convention and thereby ensure that the prohibition of night work for children in all cases covers a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m. It requests the Government to provide information as soon as possible on any progress achieved in this respect.

[The Government is asked to reply in full to the present comments in 2018.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(1) of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that, under section 27 of Act No. 90-11 of 21 April 1990 respecting conditions of employment, the term “night work” means any work performed between 9 p.m. and 5 a.m. It also noted that section 28 of the Act respecting conditions of employment prohibits the employment in night work of workers of either sex, aged under 19 years. The Committee noted that the Act respecting conditions of employment reiterated the provisions of sections 13 and 14 of Act No. 91-03 of 21 February 1981, on which it had been commenting for many years, as the prohibition of night work for children did not cover a period of at least 11 consecutive hours. The Government indicated that the revision of the labour legislation and the preparation of a new Labour Code would provide an opportunity to remedy the legal shortcomings noted in relation to night work. In this respect, the Committee reminded the Government that, under the terms of Article 3(1) of the Convention, the term “night” signifies a period of at least 11 consecutive hours, including the interval between 10 p.m. in the evening and 5 a.m. in the morning. It observed that the provisions of section 27 of the Act respecting conditions of employment, although complying with the interval provided for by this provision of the Convention (between 9 p.m. and 5 a.m.), does not specify the period during which night work is prohibited, namely for 11 consecutive hours.

The Committee notes the Government’s indication that the concerns raised by the Committee are taken into account in a draft text of the new Labour Code, which is currently being finalized. Observing that the Government has been indicating since 1990 that it would take into account the Committee’s comments, it urges the Government to take the necessary measures in the near future to give full effect to Article 3(1) of the Convention, and accordingly to ensure that the prohibition of night work for children covers in all cases a period of at least 11 consecutive hours, including the interval between 10 p.m. in the evening and 5 a.m. in the morning. It requests the Government to provide information on any progress achieved in this respect as soon as possible.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 3, paragraph 1, of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that, under section 27 of Act No. 90-11 of 21 April 1990 respecting conditions of employment (hereafter Conditions of Employment Act), the expression “night work” means any work performed between 9 p.m. and 5 a.m. The Committee also noted that section 28 of the Conditions of Employment Act prohibits the employment in night work of workers of either sex aged less than 19 years. The Committee also noted that the Conditions of Employment Act reiterated the provisions of sections 13 and 14 of Act No. 81-03 of 21 February 1981 on which the Committee has been commenting for many years in that the prohibition of night work for children did not cover a period of at least 11 consecutive hours. The Committee noted the information supplied by the Government to the effect that it would take into account the definition of night work during a revision of the Conditions of Employment Act. It requested the Government to indicate the measures taken or envisaged in this revision to ensure that prohibition of night work for children covers in all cases a period of at least 11 consecutive hours.

The Committee notes the information supplied by the Government to the effect that it has taken note of the comments made on night work for children and that all measures will be taken with a view to implementing the provisions of the Convention. In this regard, the Government indicates that revisiting labour legislation and the preparation of a Labour Code will make it possible to remedy the legal gaps concerning night work. The Committee reminds the Government that, under Article 3, paragraph 1, of the Convention, the term “night” signifies a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m. The Committee observes that the provisions of section 27 of the Conditions of Employment Act, although it complies with the interval provided by this provision of the Convention (between 9 p.m. and 5 a.m.), does not stipulate the period during which night work is prohibited, namely 11 consecutive hours. The Committee again expresses the firm hope that, during revision of the labour legislation, measures will shortly be taken to give full effect to the provisions of Article 3, paragraph 1, of the Convention, thus ensuring that the prohibition on night work for children covers in all cases a period of at least 11 consecutive hours, including the interval between 9 p.m. and 5 a.m. The Committee again requests the Government to supply information on any progress made in this respect.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report.

Article 3 paragraph 1, of the Convention.  In its previous comments, the Committee had requested the Government to indicate the measures that had been taken or were envisaged to ensure that the prohibition on night work for young persons, set out in Act No. 81-03 of 21 February 1981, covered in all cases a period of at least 11 consecutive hours, in accordance with the Convention. The Committee had noted that section 28 of Act No. 90-11 of 21 April 1990 respecting conditions of employment prohibits the employment in night work of workers of either sex aged less than 19 years. Night work is defined in section 27 of the above Act as any work performed between 9 p.m. and 5 a.m. The Committee had noted that Act No. 90-11 of 21 April 1990 contained exactly the same provisions as sections 13 and 14 of Act No. 81-03 of 21 February 1981, on which it had been commenting for many years.

The Committee notes the Government’s intention to undertake a definition of night work when revising Act No. 90-11 of 21 April 1990. The Committee hopes that measures will be taken in the near future to give full effect to the Convention and also requests the Government to inform it of any progress achieved in this respect.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report.

Article 3, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate the measures that had been taken or were envisaged to ensure that the prohibition upon the night work of young persons, set out in Act No. 81-03 of 21 February 1981, covers in all cases a period of at least 11 consecutive hours, in accordance with the Convention. The Committee notes that section 28 of Act No. 90-11 of 21 April 1990 respecting conditions of employment prohibits the employment in night work of workers of either sex aged less than 19 years. Night work is defined in section 27 of the above Act as any work performed between 9 p.m. and 5 a.m. The Committee notes that Act No. 90-11 of 21 April 1990 contains exactly the same provisions as sections 13 and 14 of Act No. 81-03 of 21 February 1981, on which it has been commenting for many years. The Government states in its report that it assures the Committee of its readiness and willingness to continue the adoption and constant improvement of labour laws and regulations and that the Committee's comments have been transmitted to the legislature with a view to the adoption of amendments which are in line with the Convention. The Committee hopes that measures will be taken in the near future to give full effect to the Convention. It requests the Government to inform it of any progress achieved in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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 following matters raised in its previous direct request:

Article 3, paragraph 1, of the Convention. The Committee referred to its previous comments in which it requested the Government to indicate the measures that have been taken or are envisaged to ensure that the prohibition upon the night work of young persons, set out in Act No. 81-03 of 21 February 1981, covers in all cases a period of at least 11 consecutive hours, in accordance with the Convention. The Committee noted that the necessary measures have been taken to take into account this requirement in the context of the formulation of new legislation following the adoption of a new Constitution and laws on the autonomy of enterprises. It hopes that appropriate provisions will be adopted in the near future and requests the Government to indicate any progress that is achieved.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 3, paragraph 1, of the Convention. The Committee refers to its previous comments in which it requested the Government to indicate the measures that have been taken or are envisaged to ensure that the prohibition upon the night work of young persons, set out in Act No. 81-03 of 21 February 1981, covers in all cases a period of at least 11 consecutive hours, in accordance with the Convention. The Committee notes from the report that the necessary measures have been taken to take into account this requirement in the context of the formulation of new legislation following the adoption of a new Constitution and laws on the autonomy of enterprises. It hopes that appropriate provisions will be adopted in the near future and requests the Government to indicate any progress that is achieved.