Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Algérie (Ratification: 1962)

Articles 2, 3 and 5 of the Convention. Legislative amendments. The Committee notes that the Government has been referring since 2011 to the process of the adoption of the Act issuing the Labour Code. The Committee recalls that its previous comments were based on the draft bill provided by the Government in 2015. The Committee observes that, in its latest report, the Government does not provide a more up-to-date version of the draft bill. The Committee once again reiterates its firm hope that the Government will take duly into account the following points based on the draft bill of 2015 relating to the application of the Convention, and that it will take all the necessary measures to amend the following provisions of the draft bill issuing the Labour Code so as to bring them into conformity with the Convention:

• -Sections 510–512 of the draft bill: The Committee notes that sections 510 and 511 refer to organizations in the same occupations, branches or sectors of activity for the purpose of the establishment of “unions”, federations or confederations. These provisions have the effect of preventing trade unions, irrespective of the sector to which they belong, from establishing federations and confederations of their own choosing, in accordance with Article 5 of the Convention. The Committee requests the Government to amend sections 510–511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment by workers’ and employers’ organizations, irrespective of the sector to which they belong, of federations and confederations of their own choosing.
• -Section 514: The Committee observes that this provision restricts the right to establish trade unions to persons who are originally of Algerian nationality or who acquired Algerian nationality at least five years earlier. This provision is contrary to Article 2 of the Convention, which recognizes the right to establish and join trade unions or employers’ organizations without distinction, including on the basis of nationality. 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 the national language, of information on the amendment of statutes or changes in executive bodies, so that they may be challenged by third parties.
• -Section 534: The Committee notes that, under this section, gifts and bequests from foreign trade unions or organizations may only be received following authorization by the public authorities which verify the origin, amount, compatibility with the objective declared by the statutes of the trade union, and the constraints to which they may give rise. This provision is contrary to Articles 3 and 5 of the Convention, according to which national workers’ and employers’ organizations should have the right to receive financial assistance from international workers’ and employers’ organizations without being required to obtain prior authorization. The Committee requests the Government to amend section 534 by abolishing the requirement to obtain prior authorization from the public authorities.