Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 381, Mars 2017

Cas no 3104 (Algérie) - Date de la plainte: 27-AOÛT -14 - En suivi

Allegation: The complainant organization denounces the anti-trade union dismissal of two of its officials, including its president

1. 99. The Committee last examined this case at its March 2016 meeting [see 377th Report, paras 70–118, approved by the Governing Body at its 326th Session].
2. 100. In a communication dated 24 September 2016, the Autonomous National Union of Postal Workers (SNAP) provided additional information.
3. 101. The Government sent its observations in a communication dated 26 April 2016.
4. 102. Algeria has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 103. At its March 2016 meeting, the Committee made the following recommendations [see 377th Report, para. 118]:
   • (a) The Committee regrets that, despite the time that has elapsed since the complaint was presented in August 2014, the Government has not replied to any of the complainant’s allegations, although it was requested to do so several times, including through an urgent appeal. The Committee urgently requests the Government to be more cooperative in the future.
   • (b) The Committee urges the Government to immediately take all necessary steps to implement the rulings of the court of El Harrach (Algiers) ordering the reinstatement of the two SNAP trade union officials, Mr Mourad Nekache and Mr Tarek Ammar Khodja, and the payment of all salary arrears and the compensation, as per the rulings of the court, and to keep it informed in this regard.
   • (c) The Committee urges the Government to take all necessary steps to ensure that the competent departments conduct an investigation into Mr Bilal Benyacoub’s dismissal, and to indicate the outcome of the investigation and any follow-up action taken. Furthermore, the Committee expects the Government to send information without delay concerning Mr Benyacoub’s employment situation.

B. Additional information from the complainant

1. 104. In its communication of 24 September 2016, the Autonomous National Union of Postal Workers (SNAP) denounced the impunity of Algérie Poste (the postal company), which has still not complied with the reinstatement rulings handed down by the courts in favour of the SNAP president Mr Mourad Nekache and the SNAP communications officer Mr Tarek Ammar Khodja following their dismissals in August 2014. The complainant organization underscores the distress this situation has inflicted upon the two trade union leaders, who have exhausted all possible remedies at the national level.

C. The Government’s reply

1. 105. In its communication of 26 April 2016, the Government provided information regarding Mr Nekache and Mr Ammar Khodja, and also concerning Mr Bilal Benyacoub, an employee of the company whose employment was also terminated for having allegedly demonstrated solidarity with the SNAP president at the time of the latter’s dismissal.
2. 106. Regarding Mr Nekache and Mr Ammar Khodja, the two SNAP trade union leaders, the Government indicates that, upon their request, the labour administration met with them and provided clarification on the procedures for implementation of the court ruling. The Government also undertakes to keep the Committee informed of any action taken further to the notification of the rulings to the employer.
3. 107. Regarding Mr Benyacoub, the Government indicates that he has been reinstated in his job at the Rouaffaa post office in the wilaya (district) of Boumerdès, where he continues to work today.

D. The Committee’s conclusions

1. 108. The Committee recalls that this case concerns allegations of the anti-union dismissal by the postal company of two union leaders of SNAP, the trade union active in the postal sector since 2012, and registered by the authorities in December 2015 following the presentation of a complaint to the Committee, and of the dismissal of a third company employee for showing support for one of the leaders in question at the time of the disciplinary proceedings that he was facing.
2. 109. Regarding the SNAP president Mr Nekache and the SNAP communications officer Mr Ammar Khodja, who were dismissed in July and August 2014, the Committee previously expressed its concern regarding the allegations of violations of the regulations in force during the disciplinary proceedings that led to the dismissal decisions. The Committee also expressed its concern about the fact that, despite the rulings handed down by the court of El Harrach (Algiers) ordering the reinstatement of the two union officials, the company in question has refused since October 2015 to implement the court decisions of which it was notified by the court officer, enjoying complete impunity since it has not been penalized by the public authorities. Lastly, the Committee indicated that this violation of freedom of association has had an extremely harmful effect on the two trade union officials by leaving them without any income since their dismissals.
3. 110. The Committee observes that the Government, in its reply of April 2016, merely indicates that it has informed the two trade union leaders of the procedures for implementing the court ruling and that it will inform the Committee of the outcome of the notification of the ruling to the employer. On the basis of the information received from the complainant organization in September 2016, the Committee understands that the company has still not complied with the court rulings ordering their reinstatement. The Committee is therefore bound to urge the Government to immediately take all necessary steps to ensure that the company implements, without any further delay, the rulings of the court of El Harrach (Algiers) ordering the reinstatement of Mr Nekache and Mr Ammar Khodja, with the payment of all salary arrears and the compensation due, in accordance with the rulings of the court. The Committee expects the Government to inform it without delay of the implementation of its recommendation.
4. 111. Regarding Mr Benyacoub, the Committee notes with satisfaction the indication of the Government that this person has been reinstated in his post. Bearing in mind the allegations of dismissals intended to intimidate postal workers who wished to engage in trade union activity within the company, the Committee expects that all the necessary steps will be taken to ensure that SNAP can engage in its trade union activities within the company without obstruction or intimidation of its leaders and members.

The Committee’s recommendations

1. 112. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges the Government to immediately take all necessary steps to ensure that the company implements, without any further delay, the rulings of the court of El Harrach (Algiers) ordering the reinstatement of Mr Nekache and Mr Ammar Khodja, with the payment of all salary arrears and the compensation due, in accordance with the rulings of the court. The Committee expects the Government to inform it without delay of the implementation of its recommendation.
   • (b) The Committee expects that all the necessary steps will be taken to ensure that the Autonomous National Union of Postal Workers (SNAP) can engage in its trade union activities within the company without obstruction or intimidation of its leaders and members.