Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Algérie

Convention (n° 95) sur la protection du salaire, 1949 (Ratification: 1962)
Convention (n° 99) sur les méthodes de fixation des salaires minima (agriculture), 1951 (Ratification: 1962)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 99 (minimum wage – agriculture) and 95 (protection of wages) together.

Preliminary draft Bill issuing the Labour Code. The Committee notes the preliminary draft Bill of October 2015 issuing the Labour Code, transmitted by the Government. It notes with interest that the text contains several draft provisions that respond to the requests of the Committee regarding Conventions Nos 99 and 95. It notes in particular that: (i) the proposed section 259 increases the fines imposed for the non-payment of minimum wages (Article 4 of Convention No. 99); (ii) the proposed section 128 provides that employers shall be prohibited from limiting in any manner the freedom of workers to dispose of their wages (Article 6 of Convention No. 95); and (iii) the proposed section 127 strengthens the protection of wages when they are paid in cash (Article 13(1) of Convention No. 95). The Committee hopes that the legislative reform under way will soon be finalized and that the progress contained in the text of October 2015 on wages will be established in law. It requests the Government to provide information in this regard.

Minimum wage

Articles 3(2) and (3), and 5 of Convention No. 99. Participation of social partners. The Committee notes the information provided by the Government in its report in reply to the Committee’s previous requests on the participation of the social partners in the fixing of minimum wage and the methods of the application of the minimum wage-fixing machinery.

Protection of wages

Article 2 of Convention No. 95. Protection of public servants’ wages. In its previous comments, the Committee observed that neither Ordinance No. 06-03 of 15 July 2006 issuing the General Public Service Regulations nor Presidential Decree No. 07-304 of 29 September 2007 establishing the salary scale and remuneration system for public servants contains specific provisions on the protection of public servants’ wages. The Committee notes that section 8 of the draft Bill issuing the Labour Code provides that legal provisions do not apply to public servants and contractual employees in public institutions and administrations of the State, wilayas and communes, or to the staff of public administrative establishments which are governed by specific texts, with the exception of provisions relating to the exercise of the right to organize, the prevention and settlement of labour disputes, community service activities and those referred to explicitly in the legislation. The Committee invites the Government to examine the possibility of adding provisions on wage protection to the list of provisions in the draft Bill that apply to public servants and contractual employees in public institutions and administrations of the State, wilayas and communes, and to the staff of public administrative establishments. The Committee requests the Government to provide information in this regard.

Article 12. Intervals for the payment of wages. The Committee notes the information provided in the Government’s report in reply to its previous requests with regard to the payment of wage arrears, particularly in the national education sector.