Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre las vacaciones pagadas (agricultura), 1952 (núm. 101) - Argelia (Ratificación : 1962)

Article 9 of the Convention. Compensatory remuneration in the event of dismissal. Further to its previous comment, the Committee notes the Government’s reference to section 73-5 of Act No. 90-11 of 21 April 1990 concerning the employment relationship. Nevertheless, the Committee notes that section 73-5 provides for a period of notice in the event of dismissal and does not give effect to Article 9 of the Convention, which provides that a person dismissed for a reason other than his own misconduct, before he has taken a holiday due to him, shall receive remuneration in respect of every day of holiday due to him. The Committee also notes the Government’s reference to Legislative Decree No. 94 09 of 26 May 1994 concerning the preservation of employment and the protection of workers at risk of involuntary dismissal, section 21 of which stipulates that workers who are dismissed in the context of downsizing and who are compensated with a job, retirement or early retirement shall not be entitled to any allowance other than that due in the form of paid holiday. The Committee recalls that section 24 of Act No. 81-08 of 1981 and section 227 of Ordinance No. 75-31 of 1975, which are no longer in force, gave full effect to Article 9 of the Convention since they provided for the right to compensatory remuneration in cases where the employment contract was ended before the worker was able to take, in whole or in part, the annual holiday to which he was entitled. The Committee requests the Government to take the necessary measures to ensure that the right to compensatory remuneration in the event of dismissal, as part of the entitlement to holidays with pay, is extended to all agricultural workers, and not just in the specific case laid down in section 21 of Decree No. 94-09 of 26 May 1994.