Protection of Wages Convention, 1949 (No. 95) - Algeria (Ratification: 1962)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Scope of application. The Committee notes the adoption of Ordinance No. 06-03 of 15 July 2006 issuing the General Conditions of Service of the Public Service. However, it observes that this Ordinance does not contain specific provisions relating to the protection of wages of public officials and contractual employees engaged by public institutions and administrations. The Committee therefore requests the Government to indicate the manner in which it ensures that the provisions of the Convention are indeed applied to public officials and contractual employees of public institutions and administrations, and to provide a copy of any relevant legislation or other texts. The Committee also notes the Government’s indications that, in the absence of specific provisions, Act No. 90-11 of 21 April 1990 concerning labour relations applies to domestic workers. However, it notes that, under section 4 of Act No. 90-11, specific provisions shall be issued through regulations to determine, where necessary, the specific system of labour relations relating to domestic workers. The Committee therefore requests the Government to confirm that the provisions of Act No. 90-11 of 21 April 1990, and particularly its provisions respecting the protection of wages, are fully applicable to domestic workers and to provide the text of any regulations determining the labour conditions of these workers. In this respect, the Committee also wishes to draw the Government’s attention to the adoption of the Domestic Workers Convention (No. 189), and Recommendation (No. 201), 2011, the objective of which is to ensure decent living and working conditions for domestic workers. The Committee hopes that the Government will soon be in a position to ratify Convention No. 189 and requests it to keep the Office informed of any developments in this respect.

Article 6. Prohibition from limiting the freedom of workers to dispose of their wages. The Committee recalls its previous comments, in which it noted that Act No. 90-11 of 21 April 1990 concerning labour conditions does not contain a provision prohibiting employers from limiting the freedom of workers to dispose of their wages. In the absence of any relevant information in the Government’s report, the Committee wishes to draw the Government’s attention to its 2003 General Survey on the protection of wages, in paragraphs 178, 189 and 210 of which it considered that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, can be regarded as giving full effect to the Convention in this respect. The Committee once again requests the Government to take the necessary measures to bring its legislation into conformity with Article 6 of the Convention and to keep the Office informed of the progress achieved in this respect.

Article 12. Regular payment of wages. The Committee notes the Government’s indications that, following the adoption of specific measures in December 2005 to make up wage arrears, the Public Treasury has covered their payment. However, the Committee understands that situations of wage arrears persist, particularly in the national education sector, for which reason a plan to remedy several thousand cases was launched in 2010. The Committee requests the Government to provide detailed information on the extent of the problem, with an indication in particular of the number of workers affected, the total amount of the wages due and the number of public enterprises and institutions concerned. It also requests the Government to indicate the measures adopted or envisaged for the payment of arrears and to ensure the regular payment of wages.

Article 13. Day and place of the payment of wages. The Committee notes from the Government’s previous reports that, in accordance with enterprise collective agreements, wages are paid by transfers to workers’ bank or post office accounts. It would therefore appear that the arrangements for the payment of wages to workers who are not covered by an enterprise collective agreement are not regulated by any text. The Committee requests the Government to indicate the procedures for the payment of wages for workers who are not covered by an enterprise collective agreement and to specify the manner in which it is ensured that the wages of these workers are paid in accordance with the requirements of Article 13 of the Convention, which provides that the payment of wages, where made in cash, shall be made on working days only and at or near the workplace, and prohibits the payment of wages in taverns or other similar establishments and, where necessary to prevent abuse, in shops or stores for the retail sale of merchandise and in places of amusement, except in the case of persons employed therein. Furthermore, as the Office has not received a copy of the extract of the enterprise collective agreement concerning the documents required for the recruitment file to which the Government refers in its report, the Committee would once again be grateful if the Government would provide a copy thereof.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention, including, for instance, extracts from official reports of the labour inspection services containing information on the number and nature of the violations reported, copies of official studies relating to the protection of wages, information on any difficulties encountered in the implementation of the Convention, or any other information which would enable the Committee to assess the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report and the attached legislation. However, it would be grateful to be provided with further details on the following points.

Article 2 of the Convention. Scope of application. The Committee notes that the draft Bill issuing the general conditions of service of public servants has still not been finalized and that the Government undertakes to provide a copy once it has been adopted. Recalling that it has been making this request since 1992, the Committee hopes that the Government will be in a position to provide a copy of the new Act with its next report. The Committee also notes Executive Decrees Nos. 02-89 of 2 March 2002, 2000-278 of 5 October 2000 and 05-102 of 26 March 2005, issued under section 4 of Act No. 90-11 of 21 April 1990 concerning labour relations, which establishes a specific labour relations system for certain categories of workers. The Committee requests the Government to indicate whether special measures have been adopted for domestic workers, who are also referred to in section 4 of the above Act and, if so, to provide a copy.

Article 4. Partial payment in kind. The Committee notes the Government’s indication that cases of payment in kind have not been reported at the enterprise level for several years. It also notes that a definitive solution was found in December 2005 to bring an end to the isolated cases of payment in kind by certain public enterprises with stocks of unsold products. The Committee would be grateful to be provided with additional information on the precise nature and extent of the problem, and on the measures taken by the Government in practice so that wage arrears can no longer be settled by payments in kind that are not in conformity with the legislation.

Articles 5 and 6. Direct payment of wages and prohibition from limiting the freedom of workers to dispose of their wages. The Committee notes that the Government refers to sections 6, 80 and 86 of Act No. 90-11 of 21 April 1990 concerning labour relations as giving full effect to these Articles of the Convention. The Committee considers that, although the obligation for the payment of wages directly to the worker may be inferred from section 88 of the Act, which provides that “the employer shall be obliged to pay each worker regularly and at the end of each period specified the remuneration that is due”, the prohibition on employers from limiting the freedom of workers to dispose of their wages is not established either explicitly or implicitly by any provision. The Committee therefore requests the Government to indicate the measures adopted or envisaged to bring the legislation into conformity with the Convention on this point.

Article 7. Works stores. The Committee notes that, under the terms of section 94 of Act No. 90-11 of 21 April 1990, the Participation Committee manages social works within the employer institution. The Committee also notes the Government’s indication that Decree No. 82-179 of 15 May 1982 allows the establishment within employer institutions, among others, of “consumer cooperatives” administered directly by social works committees composed of workers elected by the staff of the employer institution.

Article 13. Day and place of the payment of wages. The Committee notes the Government’s indication that enterprise collective agreements provide that the payment of workers’ wages is made by bank transfer to the bank or postal account that the worker has to open. While wishing to receive copies of enterprise collective agreements containing provisions of this nature, the Committee requests the Government to indicate the manner in which workers, other than those receiving payment by means of bank or postal transfer, are guaranteed to be paid their wages on working days only and at or near the workplace, and not in stores for the retail sale of merchandise or in places of amusement.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the application of the Convention, including, for instance, extracts from the reports of the inspection services containing information on the number and nature of infringements reported, copies of official studies related to the protection of wages or any other information that would allow the Committee to assess the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and the information supplied in reply to the previous direct request. It also notes with interest the promulgation of Executive Decree No. 96-98 of 6 March 1996 on the books and special registers to be kept by the employer which provides for the maintenance of payroll records in conformity with Article 15(d) of the Convention.

Article 2 of the Convention. Further to its previous comments, the Committee notes the Government’s statement that the draft bill regarding the conditions of service of public servants, referred to in section 3 of Act No. 90-11 of 21 April 1990 concerning labour relations, has been finalized and is now before the Parliament. It requests the Government to supply the text of the relevant provisions of the new legislation as soon as it is adopted. While noting the adoption of Executive Decree No. 97-473 of 8 December 1997 on part-time work and No. 97-474 of 8 December 1997 on home work, the Committee would appreciate receiving a copy of the regulations applicable to the categories of workers referred to in section 4 of the abovementioned Act once they are issued.

Article 4. The Committee notes the Government’s indication that, due to the serious economic recession, some isolated cases of payment of wages in kind have been reported in certain public enterprises which are experiencing chronic problems of wage arrears and which have accumulated large quantities of unsold products. In this connection, the Committee recalls that in accordance with the requirements of the Convention, the partial payment of wages in kind may only be authorized in industries or occupations where it is customary or desirable, and that, when authorized, measures should be taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable. The Committee therefore asks the Government to indicate any measures taken to this end. As regards wage arrears, the Committee requests the Government to supply in its next report detailed information on the scale of the problem (i.e. number of workers affected, amount of wages owed, number of enterprises concerned) and the measures taken: (i) to settle existing debts and to ensure timely payment of wages; (ii) to strengthen supervision of payment of wages, notably through the reinforcement of the activities of the labour inspectorate; and (iii) to ensure effective enforcement of appropriate sanctions. The Committee points out that payments in kind may not be deemed to represent a solution to the problem of wage arrears, and stresses that measures taken to reimburse wage arrears should not result in the violation of other provisions of the Convention.

Article 5. Recalling that the 1990 Act on labour relations does not explicitly provide that the payment of wages should be made directly to the worker concerned, the Committee asks the Government to indicate measures taken to give effect to this Article.

Article 6. The Committee is bound to recall that this Article calls for an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to indicate the measures it intends to take to give effect to the Convention in this regard.

Article 7. In the absence of a Government response on this point, the Committee is bound to reiterate its request for additional information with respect to the practice of operating works stores and services designed to raise the workers’ standards of living as well as any measures taken to give effect to this Article of the Convention.

Article 13. In the absence of any reply to this point in the report, the Committee is bound to reiterate its request regarding measures taken to ensure the payment of wages on working days only, at or near the workplace, and to prohibit payments in retail stores and in places of amusement except in the case of persons employed therein.

Part V of the report form. The Committee finally requests the Government to supply information on the application of the Convention in practice, including, for example, extracts of official reports or statistical information on inspection visits, the number and nature of violations reported and sanctions imposed. The Committee considers such information to be of particular importance in the light of the Government’s reference to cases of delayed payment of wages and wage payment in kind.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that the provisions on the conditions of service of public servants and other categories of employees, referred to in section 3 of Act No. 90-11 of 21 April 1990, concerning labour relations, have been enacted. It requests the Government to provide a copy of the conditions of service and other provisions that relate to the protection of wages. The Committee also notes that specific provisions governing the categories of workers referred to in section 4 of the Act are currently being prepared. It requests the Government to supply a copy of these regulations when they are adopted.

Articles 6 and 7. The Committee notes the Government's statement that sections 159 and 160 of Ordinance No. 75-31 of 29 April 1975, concerning works stores, have not been retained in the April 1990 Act because they had fallen into obsolescence and that no pressure is exerted upon workers to use works stores or services. It also notes the statement that these services, where they exist, are provided in the context of social measures designed to raise the standards of living of the workers. The Committee requests the Government to provide information in future reports on any change in these practices and on any measures taken to give effect to these Articles of the Convention.

Article 13. The Committee notes the Government's explanation concerning the absence of provisions corresponding to section 151 of Ordinance No. 75-31, prohibiting the payment of wages on rest days or in bars, shops or places of amusement, and that wages are generally paid by employers into workers' post office or bank accounts. It recalls that the Convention applies not only to so-called "salaried employees", but to all persons to whom wages are paid or payable in virtue of a contract of employment (Articles 1 and 2), and it requests the Government to indicate the measures taken to ensure that effect is given to this Article when wages are paid directly to the worker in cash.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee took note of the Act No. 90-11 of 21 April 1990, respecting labour relations referred to in the Government's last report. It notes that section 3 of the Act makes special statutory provisions regarding civil servants and some other categories of workers and that section 4 authorizes special provisions to be made by regulations in respect of certain categories of workers. It would be grateful if the Government would provide information on the statutory provisions referred to in section 3 and the regulations made under section 4 concerning the specific system for certain categories of workers (Article 2 of the Convention).

The Committee also notes that the Act does not contain provisions corresponding to sections 159 and 160 and section 151(1) of the Ordinance No. 75-31 of 29 April 1975 that gave effect to Articles 6 and 7 and Article 13 of the Convention, respectively. Noting that this Ordinance is repealed in virtue of section 157 of the Act, the Committee would be glad if the Government would supply information on measures taken to prohibit employers from limiting in any manner the freedom of the workers to dispose of their wages (Article 6); to guarantee the freedom of workers to make use of works stores or services (Article 7(1)); to ensure, where access to other stores or services is not possible, that goods are sold and services are provided at fair and reasonable prices or that such stores and services are not operated for profit (Article 7(2)); and to ensure the payment of wages on working days only, at or near the workplace, and to prohibit payments in retail shops and in places of amusement except in the case of persons employed therein (Article 13).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Act No. 90-11 of 21 April 1990, respecting labour relations referred to in the Government's report. It notes that section 3 of the Act makes special statutory provisions regarding civil servants and some other categories of workers and that section 4 authorises special provisions to be made by regulations in respect of certain categories of workers. It would be grateful if the Government would provide information on the statutory provisions referred to in section 3 and the regulations made under section 4 concerning the specific system for certain categories of workers (Article 2 of the Convention).

The Committee also notes that the Act does not contain provisions corresponding to sections 159 and 160 and section 151(1) of the Ordinance No. 75-31 of 29 April 1975 that gave effect to Articles 6 and 7 and Article 13 of the Convention, respectively. Noting that this Ordinance is repealed in virtue of section 157 of the Act, the Committee would be glad if the Government would supply information on measures taken to prohibit employers from limiting in any manner the freedom of the workers to dispose of their wages (Article 6); to guarantee the freedom of workers to make use of works stores or services (Article 7(1)); to ensure, where access to other stores or services is not possible, that goods are sold and services are provided at fair and reasonable prices or that such stores and services are not operated for profit (Article 7(2)); and to ensure the payment of wages on working days only, at or near the workplace, and to prohibit payments in retail shops and in places of amusement except in the case of persons employed therein (Article 13).