Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Algeria (Ratification: 1962)

The Committee notes the observations of the following representative employers’ and workers’ organizations received on: 17 September 2024 from the International Trade Union Confederation (ITUC), 30 August 2024 from the International Organisation of Employers (IOE), 27 August 2024 from the National Autonomous Union of Public Administration Personnel (SNAPAP), 24 August 2024 from the Trade Union Confederation of Productive Workers (COSYFOP) and 22 August 2024 from the Autonomous National Union of Electricity and Gas Workers (SNATEG). The Committee requests the Government to provide detailed information in response to the allegations contained in these observations, in particular those relating to anti-union discrimination against union leaders and members.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 112th Session, June 2024)

The Committee notes the discussion that took place in the Committee on the Application of Standards of the International Labour Conference (Conference Committee), in June 2024, concerning the application of the Convention by Algeria. In its conclusions, the Conference Committee requested the Government to: (i) strengthen cooperation with the independent social partners with a view to overcoming any outstanding challenge posed by the new legislation in order to provide the necessary guarantees for the protection of the right to organize and collective bargaining, in line with the Convention; (ii) adopt and effectively enforce legislation to strengthen the protection of workers against any forms of anti-union discrimination and acts of interference, including by intensifying the role of labour inspection; (iii) improve and speed up administrative and judicial procedures to identify and remedy acts of anti-union discrimination; (iv) ensure sufficiently dissuasive sanctions against anti-union discrimination; (v) revise the procedures for registering trade unions in order to reduce the duration of those procedures and ensure that measures to protect union leaders and members against reprisals are effectively implemented during such procedures; (vi) avoid any act of interference with the functioning of workers’ organizations and employers’ organizations, including the General Confederation of Algerian Employers (CGEA), to preserve their full autonomy and independence; (vii) review the relevant sections of Act No. 23-02 (concerning the exercise of the right to organize) with a view to ensuring the right to freely form workers’ and employers’ organizations to ensure that they set out precise, pre-established and objective criteria for the determination of employers’ and workers’ organization representativeness and that such criteria are effectively applied and ensure that employers’ and workers’ organizations are not prevented from receiving financial or other assistance by international workers’ and employers’ organizations; (viii) guarantee the right for minority unions to bargain at least on behalf of their own members; and (ix) guarantee that personal data of employers’ and workers’ organization members received to assess the continued representativeness of the respective organizations is kept under strict confidentiality so as to discourage any acts of anti-union discrimination.

The present examination by the Committee is based on the written and oral information provided by the Government to the Conference Committee, as well as on the information contained in its report.

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee notes with concern the observations provided by national and international trade union organizations concerning acts of anti-union discrimination and interference against independent trade unions and their leaders. The Committee recalls that the Committee on Freedom of Association has had before it several cases concerning harassment and dismissal of trade union leaders and members, as indicated in the observations of the trade union organizations. The Committee refers to the conclusions and recommendations of the Committee on Freedom of Association in the cases concerned, such as that of the COSYFOP (see 405th Report, March 2024, Case No. 3434) and of SNATEG (see 408th Report, October 2024, Case No. 3210).

The Committee previously expressed its concern at the allegations of anti-union discrimination and interference against the COSYFOP and affiliated trade union organizations, including threats against and dismissals of trade union leaders of BATIMETAL-COSYFOP, the Workers’ Union of the Commission for Electricity and Gas Regulation (STCREG), the National Union of the Higher Institute of Management and the National Federation of Workers of the Social Security Funds, affiliated with the COSYFOP. The Committee expressed its expectation that the Government would ensure adequate protection for the leaders and members of these trade union organizations against any acts of anti-union discrimination and interference by the employers and administrative authorities concerned. In its reply, the Government merely stated that the COSYFOP and its three affiliated organizations (the National Union of the Railway Transport Sector (SNSTF)), the National Union of the Ammonia/Fertilizer Sector (SNSAE) and the National Union of the Commercialization and Distribution of Petroleum Products Sector (SNSCDPP)) had ceased all trade union activity since 1991, that it regularly submits information in this regard to the Committee on Freedom of Association in the context of an ongoing complaint, specifying that these organizations have never provided the information necessary to assess their trade union representativeness or the renewal of their executive committees, and that consequently, as the complainants have not presented any evidence proving their membership, there are no legal grounds for the allegations. Recalling that its request concerned allegations of threats and anti-union dismissals against trade union leaders of BATIMETAL-COSYFOP, the STCREG, the National Union of the Higher Institute of Management and the National Federation of Workers of the Social Security Funds,the Committee urges the Government to provide without further delay its comments on the situation of the trade unionists named in the communications from the COSYFOP in 2023, indicating whether the organizations concerned continue their activities and are able to engage in collective bargaining in the establishments concerned.

Furthermore, the Committee notes with concern the new allegations of the COSYFOP of anti-union dismissals against the leaders of the Seasonal Forestry Workers’ Union (Toufik Bensetra, Abdelkader Zouaoui and Yakhlef Kerlouf) and the inaction of the labour inspectorate despite its obligation to conduct an investigation and to communicate the findings to the trade union representative and his or her organization under Act No. 23-02 on the exercise of the right to organize. The Committee requests the Government to provide its comments on the situation of the trade union leaders concerned and to indicate whether the Seasonal Forestry Workers’ Union continues its activities and is able to engage in collective bargaining.

The Committee notes that, in response to the conclusions of the Conference Committee concerning the need to avoid any act of interference with the functioning of the General Confederation of Algerian Enterprises (CGEA), the Government indicates that this representative organization is protected under section 8 of Act No. 23-02 and that it is regularly consulted, in particular on the drafting and revision of labour, employment and social security legislation and regulations.

Implementation of new legislation. The Committee previously noted the adoption of Act No. 23-02 of 25 April 2023 on the exercise of the right to organize, and of Act No. 23-08 of 21 June 2023 concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike. It made recommendations on certain provisions.

Procedures for protection against anti-union discrimination. In the light of the allegations of the trade union organizations concerning the failure of the labour inspectorate to act on the actions lodged with it following acts of anti-union discrimination and dismissals affecting organizations affiliated with the COSYFOP, the Committee requested the Government to provide information on the implementation of sections 133 to 147 of Act No. 23-02 on procedures for the protection of salaried workers in the private sector and public servants and employees in public institutions and administrations against discrimination. The Committee duly notes the following statistics provided to the Conference Committee: the labour inspection services received 32 complaints from trade union delegates during the course of 2023, of which 26 were in the public sector and 6 in the private sector. The labour inspectorate undertook 32 investigations with employers, resulting in 5 warnings, 3 compliance notices, 4 violation reports and 2 situation reports. According to the Government, the action taken by labour inspectors led to the retraction of four penalties imposed by employers, including the cancellation of a dismissal. 24 complaints were found to be without merit by the labour inspectors responsible for the investigations. 16 other complaints were made by trade union delegates to conciliation offices, resulting in 15 reports of the failure of conciliation, and 1 complaint is still being processed.

The Committee notes that the COSYFOP expresses concern about the implementation of this new procedure for the protection of workers against anti-union discrimination because, according to the COSYFOP, the labour inspectorate: (i) most often rules against independent trade unions by aligning itself with the interests of employers and the administration; and (ii) complicates the access of trade union representatives to legal remedies, for example, by delaying or refusing to issue the documents necessary to challenge unfair dismissals before the courts. The COSYFOP therefore requests the Government to consult the workers’ organizations concerned with a view to amending the legal provisions, with the assistance of the Office.

The Committee requests the Government to continue to provide information on the implementation of sections 133 to 147 of Act No. 23-02, including up-to-date statistical data on the number of actions lodged with labour inspectorates, and the percentage of investigations carried out and their outcomes. The Committee also requests the Government to provide its comments in response to the concerns expressed above by the COSYFOP.

Moreover, the Committee previously noted that under the current legislation and procedures, it would be possible for an employer to dismiss the founding members of a union during the period when it was applying for registration (which in practice can take several years), without the latter benefiting from the protection afforded by the legislation against anti-union discrimination and requested the Government to take measures in this regard. The Committee notes the Government’s indication that it is prepared to initiate consultations with the social partners, as necessary, to improve trade union representativeness and protection. The Committee once again requests the Government to initiate consultations with the social partners to ensure adequate protection to trade union leaders and members during the period in which an established trade union is applying for registration, and to indicate any progress made in this regard.

Protection against interference. With regard to protection against interference under section 8 of Act No. 23-02, the Committee requested the Government to specify the exceptions provided for by law, to which the provision in question refers. According to the Government, the exception mentioned in section 8 refers to section 49 of the Act, which provides that gifts and bequests from external sources are acceptable only with prior authorization from the governmental authorities, which must verify the origin, amount and compatibility of these contributions with the trade union objectives. The Government indicates that sections 8 and 49 of Act No. 23-02 guarantee that trade unions operate independently and in accordance with the law. In this regard, the Committee refers to its observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it reiterates the need to remove the requirement to obtain prior authorization from the public authorities with regard to gifts and bequests from national trade union organizations or foreign entities, and thus to amend section 49 of Act No. 23-02, which reproduces this obligation. The Committee requests the Government to indicate any exceptions made to the implementation of section 8 of Act No. 23-02 in alleged cases of interference.

Determination of trade union representativeness. The Committee noted that under the terms of section 69 of Act No. 23-02, the representativeness of a trade union organization was determined by a minimum voting strength in professional elections, as well as the financial transparency of its accounts and its political neutrality. The Committee noted that the criterion of political neutrality contained could give rise to difficulties in that it could trigger risks of partiality or abuse and wished to know how the criterion of financial transparency was relevant to determining representativeness.

According to the Government, the criterion of financial transparency was introduced with the aim of ensuring rigorous management of the financial resources of trade unions, including contributions from their members, and is intended to strengthen the trust of members and prevent potential conflicts or disputes over the management of trade union organizations before the competent jurisdictions. In order to meet this criterion of financial transparency, trade unions are required to comply with the provisions set out in the Act (sections 46 to 52). As to political neutrality, the Government indicates that this criterion is intended to prevent any partisan political influence within trade unions, with a view to maintaining their independence and guaranteeing that decisions reflect the collective interests of the workers, irrespective of their political beliefs and affiliation. The political freedom of each member is guaranteed by the provisions of the Act (section 12), which provides that “the members of the trade union shall be free in an individual capacity to join political parties”.

While noting the information provided, which is intended to explain how the Act seeks to guarantee the governance, including the financial governance, of trade unions, the Committee must insist on the fact that the reference to the criteria of financial transparency of accounts and political neutrality, pursuant to Articles 69 et seq. of Act No. 23-02, for determining the representativeness of organizations to be engaged in collective bargaining may not provide the required guarantees of precision and objectivity, and thus give rise to risks of partiality or abuse. The Committee notes that the Government is willing to assess the effectiveness of the measures introduced by law and to improve the legislative framework within an inclusive and constructive social dialogue. In this spirit,the Committee reiterates its request to the Government to consult with the representative employers’ and workers’ organizations on the means of recognition of representativeness under section 69 et seq. of Act No. 23-02, with a view to their revision.In the meantime, the Committee requests the Government to clarify the extent to which the criteria of financial transparency and political neutrality have been applied in practice when determining representativeness following professional elections.

Conditions for maintenance of representative status. The Committee recalls that its previous comments referred to the information to be provided to prove the representativeness of basic trade union organizations or to maintain the representative status of workers’ and employers’ organizations (sections 79 et seq. of the Act). This status is maintained by obtaining, every three years, a certificate issued by the competent governmental authority after the trade union organizations have provided information via an electronic platform. The Committee noted that the requirement to provide information concerning members in order to maintain representative status would obviate the criterion of election results. The Committee also noted that the completeness of the information that basic trade union organizations had to provide the employer and the labour inspectorate with, under the terms of section 79(3) of the Act, could raise difficulties with regard to the risks of anti-union discrimination, as the trade union organizations maintain. The Committee notes that the trade unions reiterate their concern in this respect. The Committee notes the Government’s reply indicating that the information gathered via the electronic platform is protected by law and is not shared with employers under any circumstances. It cannot therefore be used for purposes of anti-union discrimination.

In this regard, the Committee considered it unnecessary to draw up a list of names of members of trade union organizations in order to determine membership numbers, since this could be established from a statement of union dues without drawing up a list of names, which would entail a risk of acts of anti-union discrimination. Noting once again that the Government states that it is committed to inclusive and constructive social dialogue with a view to assessing the effectiveness of the measures introduced by law and improving the legislation, the Committee requests the Government to take the necessary measures, in consultation with the representative employers’ and workers’ organizations, to remove the requirement to provide information that could facilitate acts of anti-union discrimination.

Renewal of representative status. The Committee previously indicated that the administrative approval mechanism for the validation and maintenance of the representative status of trade union organizations could have an impact on the development of industrial relations and collective bargaining and requested the Government to provide timely information on the renewal of the representative status of organizations. In its reply, the Government indicates that the Act is recent and that the majority of the mandates of trade unions have not yet expired. The information required is not yet available. Moreover, trade unions are currently engaged in the process of providing information for the assessment of their representativeness through the electronic platform, in accordance with the Act and Decree No. 23-359 of 17 October 2023, determining the procedures for the assessment of the representativeness of trade unions and the content of the statistical indicators of their membership. The Committee hopes that the Government will soon be able to provide information on the renewal of the representativeness status of organizations, and to indicate the number of certificates provided each year and the number of refusals to renew, appeals and outcomes thereof.

Article 4. Promotion of collective bargaining. In response to its request concerning the promotion of collective bargaining in the absence of a representative organization in a unit, the Committee notes the Government’s clarifications concerning the right of minority trade unions to carry out actions, such as disseminating information and other initiatives to attract new members (section 70 of Act No. 23-02), and their right to appoint a trade union representative who may disseminate and display information relating to the trade union activities of his or her organization (section 95 of Act No. 2302). The Committee once again requests the Government to clarify the extent to which, if no trade union attains the requisite threshold to be declared representative in professional elections, minority organizations might unite to negotiate a collective agreement applicable to the negotiating unit or, at least, conclude a collective on behalf of their respective members. In the absence of legislative or regulatory provisions that would allow such a solution, the Committee encourages the Government to initiate consultations with representative employers’ and workers’ organizations on the issue and to report on them.

Application of the Convention in practice. The Committee notes the detaileddata provided on the total number of collective agreements and accords signed between 2021 and part of 2024. The Committee requests the Government to continue to provide statistics on the number of collective agreements and accords registered by the labour inspectorate, and to specify the sectors concerned as well as the number of workers covered.