Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 101) sur les congés payés (agriculture), 1952 - Algérie (Ratification: 1962)

Articles 1 and 3 of the Convention. Minimum duration of annual holidays with pay. The Committee notes the information contained in the Government’s report, and particularly the provisions of Act No. 90-11 of 21 April 1990 respecting labour relations and the national collective agreement of 30 September 2006, which continue for the most part to give effect to the requirements of the Convention.

Article 9. Compensatory remuneration in the event of dismissal. The Committee notes that, in contrast with section 24 of Act No. 81-08 of 1981 and section 227 of Ordinance No. 75-31 of 1975, which are no longer in force, the Act on labour relations of 1990 does not appear to contain provisions respecting the compensation to be received by any person dismissed for a reason other than his/her own misconduct before taking the holiday that is due. The Committee therefore requests the Government to indicate the provisions giving effect to this Article of the Convention.

The Committee also wishes to draw the Government’s attention to the fact that, at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 101 is outdated and invited States parties to the Convention to contemplate ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132 for persons employed in the agricultural sector by a State party to Convention No. 101 involves ipso jure the immediate denunciation of the latter Convention. This approach would appear all the more appropriate as the legislation of Algeria, which provides for annual holidays with pay of 2.5 days for each month of work, without the overall duration exceeding 30 calendar days for each year of work, is clearly more favourable than the requirements of Convention No. 101 and indeed reflects the requirements of Convention No. 132, which establishes the minimum duration of annual holidays with pay at three weeks for each year of service. The Committee requests the Government to keep the Office informed of any decision that it may take concerning the ratification of Convention No. 132.