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

Other comments on C098

Observation

Direct Request

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The Committee notes the observations from the following representative employers’ and workers’ organizations received on: 12 February and 30 August 2023 from the General and Autonomous Confederation of Workers in Algeria (CGATA), 1 March 2023 from CGATA, the Trade Union Confederation of Productive Workers (COSYFOP), the National Autonomous Union of Public Administration Personnel (SNAPAP), the Autonomous National Union of Electricity and Gas Workers (SNATEG), Public Services International (PSI), the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and IndustriALL Global Union; 31 August from COSYFOP; and 1 September 2022 and 2023 from the International Trade Union Confederation (ITUC). The Committee notes the replies provided by the Government to certain observations.

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee notes with concern the observations provided regularly between 2022 and 2023 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 Autonomous National Union of Electricity and Gas Workers (SNATEG) (see 403rd Report, June 2023, Case No. 3210).

The Committee further wishes to recall that the situation of the dismissed trade unionists and the cases of interference were also the subject of the conclusions and recommendations of a high-level mission that visited Algiers in May 2019, in the context of the recommendations of the Committee on the Application of Standards of the International Labour Conference concerning the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

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. Noting that the Government refers to its previous replies to the Committee and other supervisory bodies, while recalling that this information focuses on the reinstatement of dismissed workers in the public administration and workers of the SONELGAZ group, the Committee is bound to reiterate its request to the Government to provide without delay its comments concerning the allegations of threats and anti-union dismissals affecting the above-mentioned organizations affiliated with the COSYFOP, indicating whether the organizations concerned continue their activities and are able to engage in collective bargaining in the establishments concerned.

Adoption of new legislation. The Committee notes 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. These two Acts contain provisions implementing the Convention, some of which will be examined below.

Procedures for protection against anti-union discrimination. In general terms, the Government indicates that Act No. 23-02 gives greater protection in that it provides expressly that trade union leaders may not face any punishment, dismissal or discrimination on grounds of their trade union activities. This protection is also guaranteed to any worker who is a member of a trade union organization, whether representative or not. The Government draws attention to the new procedure allowing a salaried worker who considers him or herself to be the victim of an act of anti-union discrimination to refer the matter to the labour inspector covering the relevant area, who now has enhanced powers to investigate, give notice to comply to an employer who has committed an act of anti-union discrimination, or address a violation notice to the competent courts if the employer refuses to comply (sections 133 to 147 of Act No. 23-02). In the light of the repeated 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 requests 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, including statistical data on the number of actions lodged with labour inspectorates, and the percentage of investigations carried out by the inspectorate that resulted in formal notice being given to the employer, or in violation notices on the employer’s refusal to comply.

Furthermore, the Committee recalls that it previously noted the concerns expressed by the high-level mission concerning delays in complying with court rulings ordering the reinstatement of trade union leaders, which have still not been given effect, and the excessive use of judicial action against trade unions and their members by certain enterprises and authorities. The Committee also noted the difficulty, identified by the mission, in the application of Article 1 of the Convention for the founding members of unions. It 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. The Committee therefore requested the Government to take, in consultation with the social partners, the necessary measures to ensure adequate protection to trade union leaders and members during the period in which an established trade union is applying for registration. Noting that Act No. 23-02 makes no such provision and in the absence of information from the Government,the Committee requests the Government to indicate whether consultations have been held or are envisaged to address the issue of the protection of trade union leaders and members during the period in which an established trade union is applying for registration. If not, the Committee requests the Government to initiate consultations with the social partners on the issue and to indicate any progress made in this regard.

Protection against interference. With regard to protection against interference, the Government states that the law prohibits any natural or legal person from interfering in the functioning of a trade union organization, except as expressly provided for by law (section 8 of Act No. 23-02). In this regard, the Committee requests the Government to specify the exceptions provided for in section 8 of Act No. 23-02, to provide the relevant legislation and to indicate whether in the implementation of the law, such exceptions have been invoked in alleged cases of interference.

Determination of trade union representativeness. The Committee notes that under the terms of section 69 of Act No. 23-02, the representativeness of a trade union organization is conditional upon its achievement of a specific unionization rate and a minimum voting strength in professional elections, under sections 73 to 77 of the Act, but that the financial transparency of its accounts and its political neutrality are also taken into consideration. The Committee underscores the importance of ensuring that the criteria to be applied to determine the representativeness of organizations are objective, preestablished and precise so as to avoid any opportunity for partiality or abuse. In this regard, the Committee: (i) notes that the criterion of political neutrality contained in this provision could give rise to difficulties in that it could allow objections and thereby give rise to risks of partiality or abuse; and (ii) wishes to know how the criterion of financial transparency is applied. The Committee therefore 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. Furthermore, the Committee requests the Government to consult the social partners on the means of recognition of representativeness under section 69 et seq of Act No. 23-02, with a view to their revision.

The Committee further observes that pursuant to sections 79 et seq of the Act, the maintenance of the representative status of trade union and employers’ organizations is conditional upon their obtaining, every three years, a certificate issued by the competent governmental authority after the organizations concerned have provided, via an electronic platform, information relating to their members, which, according to the Act, would make it possible to ascertain their representativeness (section 81 of Act No. 23-02). The Committee wishes to know how section 81 is implemented in practice, and, in particular, how it is applied to trade union organizations that have acquired representative status via election results pursuant to section 73 of the Act. The Committee considers that the requirement to provide information concerning the members of a representative organization in order to maintain representative status would obviate the criterion of election results.

The Committee would also like to draw the Government’s attention to the requirement to provide the employer with information relating to the criteria for representativeness, under the terms of section 79(3) of the Act. The Committee notes the completeness of the information requested (the name and social security number of each member, their membership card number and date, and dues paid). It notes the concerns expressed by trade union organizations concerning the risks of anti-union discrimination that could ensue. In this regard, the Committee considers 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. The Committee therefore requests the Government to take the necessary measures in this respect, in consultation with the representative organizations concerned, and to remove the requirement to provide information that could facilitate acts of anti-union discrimination.

Lastly, noting 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, the Committee requests the Government to provide timely information on the renewal of the representative 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. The Committee requests the Government to clarify the extent to which it is anticipated that, 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. The Committee therefore requests the Government to specify the applicable regulations that allow minority trade unions of the unit to bargain collectively, at least on behalf of their members, when there is no union that represents the majority of the workers.

Application of the Convention in practice. Noting the data provided on the total number of collective agreements and accords signed since the enactment of labour laws in 1990,the Committee encourages the Government to provide, as previously for the period from 2016 to 2020, 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.

[The Government is asked to reply in full to the present comments in 2025.]