Algeria

In Algeria, termination of employment is regulated by Law 90-11 of April 21st, 1990, which pertains to labor relations. This law provides strict guidelines on how employers can lawfully terminate an employment contract.

Lawful Grounds for Dismissal

Employers in Algeria are required to have valid reasons for terminating an employment relationship. These reasons can include serious misconduct, such as a severe breach of contractual obligations or company policies, economic reasons like downsizing or financial difficulties, and mutual agreement between the employer and employee.

Notice Requirements

Except in cases of serious misconduct, where immediate dismissal may be possible, Algerian law requires specific notice periods prior to termination. These notice periods typically depend on the employee's length of service, the type of contract, and any collective bargaining agreements. The standard notice period is generally six months, potentially extending to 12 months for certain skilled employees. Employees also receive an additional five days of notice for each year of service, up to a maximum of 30 additional days.

Severance Pay

In most cases of termination, employees are entitled to severance pay. The calculation of severance pay is influenced by factors such as the reason for termination and the employee's length of service. Severance pay calculations are often based on the employee's average salary over a specific period.

Algeria has a legal framework in place to combat discrimination within the workplace and beyond. This framework primarily protects individuals from discrimination based on gender, race and ethnicity, religion, disability, and other factors such as age, sexual orientation, and political opinion.

Protected Characteristics

The Algerian Constitution enshrines the principle of equality between men and women (Article 29). The Labor Code further prohibits discrimination based on sex in employment matters. Discrimination on the grounds of race, color, or national origin is also prohibited by the Constitution.

The Constitution guarantees freedom of conscience and religion, thereby prohibiting discrimination on religious grounds. Algerian law offers some protections for persons with disabilities, including provisions for employment integration. While not explicitly stated in overarching laws, certain categories like age, sexual orientation, and political opinion might receive protection in specific contexts or under evolving interpretations of the law.

Redress Mechanisms

Algerian workers who experience discrimination have several potential avenues for seeking redress. Companies may have internal grievance procedures to address discrimination concerns. Employees can also file complaints with the Labor Inspectorate, which has investigative and enforcement powers. Additionally, victims of discrimination can take legal action against their employers in Algerian courts.

Employer Responsibilities

Employers in Algeria have a proactive responsibility to prevent and address discrimination in the workplace. This includes implementing clear anti-discrimination policies that are communicated to all employees, providing regular training for staff on discrimination laws and fostering an inclusive workplace culture, and thoroughly investigating all allegations of discrimination and taking appropriate disciplinary measures when warranted.

Algerian labor laws establish specific standards to ensure safe and reasonable working conditions for employees.

Work Hours

Algerian law (Law 90-11 of April 21, 1990) sets a standard workweek of 40 hours, typically spread over five days. Overtime work is restricted and must be compensated at an increased rate. Generally, overtime hours cannot exceed 20% of the standard workweek (8 hours). Employees working overtime are entitled to at least a 50% premium over their regular hourly wage.

Rest Periods

Employees are entitled to breaks during their working day, the length of which depends on the total number of hours worked. Employees must be granted at least one full day of rest per week (typically Friday in Algeria). Workers are entitled to a minimum of 30 calendar days of paid annual leave, according to the Algerian Labor Law.

Ergonomic Requirements

While Algeria does not have extensive, specific legislation dedicated to ergonomics, there are general health and safety provisions within the Labor Code that address workplace conditions. Employers are obligated to provide a safe and healthy working environment for their employees. This includes taking measures to minimize risks of accidents and injuries. Employers must identify and address potential workplace hazards that could impact employee well-being, which can extend to ergonomic considerations.

The primary legal source for information on working conditions in Algeria is the Algerian Labor Code (Law 90-11 of April 21, 1990). The Ministry of Labor, Employment, and Social Security (Algeria) might provide further insights and resources on workplace regulations.

Algeria places a high priority on the well-being of workers through a comprehensive framework of health and safety regulations. These regulations are crucial for both employers and employees to understand.

Employer Obligations

Algerian law imposes significant health and safety obligations on employers. Key requirements include:

• Risk Assessment and Prevention: Employers must proactively identify and assess potential workplace hazards and implement preventative measures to minimize risks.
• Safe Work Environment: Providing a safe work environment encompasses aspects like proper ventilation, illumination, and maintaining equipment in good working order.
• Personal Protective Equipment (PPE): Employers must provide necessary PPE to employees working in high-risk environments.
• Information and Training: Employers are responsible for training employees on health and safety procedures and potential risks associated with their jobs.
• Accident Reporting and Investigation: Employers must have procedures in place for reporting and investigating work-related accidents and illnesses.

Employee Rights

Algerian workers are afforded significant rights under health and safety regulations:

• Safe Work Environment: The right to work in a safe environment free from unnecessary risks.
• Information and Training: The right to be informed about potential hazards and receive proper training on safety procedures.
• Refusal of Unsafe Work: The right to refuse work deemed unsafe or unhealthy without fear of reprisal.
• Health Monitoring: In certain high-risk jobs, employees may have the right to regular health monitoring to detect potential work-related health issues.

Enforcement Agencies

Several Algerian entities are responsible for enforcing health and safety regulations:

• Ministry of Labor, Employment, and Social Security: The primary government body overseeing workplace health and safety through its inspectorate units.
• National Institute of Occupational Safety and Health (INPSHT): A technical body that provides expertise and guidance on health and safety matters.