Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 138) sur l'âge minimum, 1973 - Algérie (Ratification: 1984)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

Article 1 of the Convention. In its previous comments, the Committee noted the Order of 24 July 1999 creating, within the Ministry of National Solidarity and the Family, a committee to follow-up and evaluate the National Plan of Action for the protection and development of children. Section 2 of the Order provides that the committee is responsible for “contributing to defining the elements for the determination of the national policy on childhood”. The Committee requested the Government to provide information on the activities of the above committee. The Committee notes that the Government’s report does not contain a reply to this comment. It therefore once again requests the Government to provide information on the work undertaken by the above committee, particularly with regard to the measures adopted or envisaged for the determination of the national policy on childhood, as well as any other information related to the national policy to ensure the effective abolition of child labour.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that, under the terms of section 1, Act No. 90-11 of 21 April 1990 respecting working conditions governs individual and collective employment relations between salaried employees and employers. The Committee noted that, under the terms of this provision, Act No. 90-11 does not apply to labour relations which do not derive from a contract, such as work by young persons on their own account. The Committee notes that, in its latest report, the Government once again indicates that the minimum age for recruitment is 16 years in all economic sectors, both private and public. However, in its previous comments, the Committee noted the information provided by the Government that Act No. 90-11 of 21 April 1990 does not apply to persons working on their own account, who are governed by other regulations, which determine the minimum age for admission to non-wage work. The Committee reminds the Government once again that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. The Committee once again requests the Government to provide copies of the texts regulating the minimum age for admission to non-wage work, such as work by young persons on their own account.

Article 3, paragraph 1. Minimum age for admission to types of hazardous work. In its previous comments, the Committee noted that section 15(3) of Act No. 90-11 of 21 April 1990 provides that minor workers may not be employed in work that is hazardous, unhealthy or harmful to their health or prejudicial to their morals. The Committee noted that the national legislation does not contain a precise definition of the term “minor worker”. The Committee requested the Government to indicate the meaning of the expression “minor worker” as contained in section 15(3) of the Act. The Committee notes that the Government’s report does not contain any reply on this subject. The Committee reminds the Government that under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to types of hazardous work, that is any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It once again requests the Government to indicate the meaning of the expression “minor worker” as contained in Act No. 90-11 of 21 April 1990.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee noted that section 28 of Act No. 90‑11 prohibits the employment of workers under 19 years of age in night work. It noted that the national legislation does not appear to determine other activities that are of a hazardous nature. In its report, the Government indicates that Act No. 88‑07 respecting occupational health, safety and medicine provides in section 11 that the employer shall ensure that work assigned to women, minor workers and workers with disabilities does not require efforts in excess of their strength. While noting this information, the Committee recalls that Article 3, paragraph 2, of the Convention provides that the types of employment or work which are hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore once again requests the Government to indicate whether such a list has been established, after consultation with the organizations of employers and workers, and, if so, to provide a copy.

Part V of the report form. The Committee notes the information provided by the Government that the courts have not handed down any decisions relating to the implementation of the provisions of the Convention. However, it notes the Government’s indication that inspections by labour inspectors have sometimes found the employment of workers under 16 years of age, particularly in commerce and services. In this respect, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of contraventions reported, and on the penalties imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.