CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Algeria (RATIFICATION: 1962)

Other comments on C087

Observation

Direct Request

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which refer to legal issues already examined by the Committee. The Committee notes with regret that the Government has not provided the information requested concerning the determination of minimum service and referral to the National Arbitration Commission, and is therefore obliged to recall its requests hereunder:

Minimum service.The Committee once again requests the Government to specify the manner in which in practice minimum services are determined in each of the fields covered by sections 37 and 38 of Act No. 90-02 and the extent to which the representative organizations concerned participate in each instance. The Committee requests the Government to indicate, in this regard, the occasions in recent years that these provisions of Act No. 90-02 have been applied, with an indication, in each case, of the percentage of workers concerned by the compulsory minimum service decided upon. The Committee also requests the Government to provide examples of collective agreements or accords concluded under the terms of section 39 of the Act for the determination of minimum services in the event of a strike.

National Arbitration Commission.The Committee requests the Government to provide examples of situations that have been referred to the National Arbitration Commission, under section 48 of Act No. 90-12.

Articles 2, 3 and 5 of the Convention. Legislative amendments. The committee notes with regret that the Government has provided no information on the process for the adoption of the Act amending the Labour Code. In view of the adoption of Act No. 22-06 of 25 April 2022, amending and supplementing Act No. 90.14 of 2 June 1990, the Committee requests the Government to indicate the manner in which the provisions of the said Act are taken into account in the draft final text of the Labour Code. In the absence of any information, the Committee refers to its previous comments, which are based on the version of the advance draft communicated by the Government in 2015. The Committee trusts that due account has been taken of its comments, to ensure conformity with the Convention.

Sections 510 to 512 of the draft text.The Committee requests the Government to amend sections 510 and 511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment of federations and confederations of their choice by workers’ and employers’ organizations, irrespective of the sector to which they belong.

Section 514.The Committee requests the Government to amend section 514 so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions.

Section 517.The Committee requests the Government to clarify the last paragraph of this provision by specifying the publicity requirements applicable to trade unions when they are established.

Section 525.The Committee requests the Government to submit for consultation with the social partners the second paragraph of this provision, which requires the publication in two national daily newspapers, one of which is in a national language, of information on the amendment of statutes or changes in executive committees, so that they may be enforceable against third parties.

Section 534.The Committee requests the Government to amend section 534 by removing the requirement to obtain prior authorization from the public authorities concerning donations and bequests from trade unions or foreign organizations.