Algeria - 2012
Capital: Algiers

29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Algiers

reported violations- 2012
Trade union rights in law
Union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. is frustrated by excessive restrictions and government intervention. In order to be recognised, a union needs to represent at least 20% of the workers in an enterprise and must obtain prior authorisation from the government.
Legal strikes are difficult to organise, as they must be preceded by a secret ballot of the entire workforce. In addition, pursuant to the Act of 6 February 1990, the authorities can refer an industrial dispute
industrial dispute
A conflict between workers and employers concerning conditions of work or terms of employment. May result in industrial action.
to the National Arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
Commission. The government can also ban a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
if it is deemed to cause a serious economic crisis, or declare it a subversive or terrorist action if it obstructs public services or impedes traffic or freedom of movement in public places. Finally, pursuant to the State of Emergency decreed in 1992, the latter offences carry hefty penalties including imprisonment for up to 20 years.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Restrictions
Legal barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- Prior authorisation must be obtained from the government before a union can operate legally. To be registered, unions must send the authorities a declaration announcing their establishment and must obtain official recognition within 30 days.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- The law bans unions from receiving foreign funding.
- >Restrictions on the right to freely organise activities and formulate programmes
- The law bans unions from associating with political parties.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Non-national or migrant workers
- Only workers of Algerian nationality or who have held Algerian nationality for at least ten years have the right to form trade unions.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
Restrictions
Legal barriers to lawful strike actions:
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- The Act of 6 February 1990 authorises the Minister or the competent authority, where the strike persists or after the failure of mediation, to refer a labour dispute to the National Arbitration Commission, after consulting the employer and the workers’ representatives.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers''' power to unilaterally prohibit, limit, suspend or cease a strike action
- The ILO has repeatedly asked the Algerian Government to annul the provision allowing it to ban a strike where it considers the strike likely to give rise to a serious economic crisis.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Pursuant to the State of Emergency decreed in 1992, any action intended to obstruct the operation of establishments providing public services, or to impede traffic or freedom of movement in public places or thoroughfares can be deemed a subversive or terrorist action under penalty of sanctions, including imprisonment for up to 20 years.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Algiers

reported violations - 2012
In practice
Unions affiliated to the national trade union centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. the UGTA (Union générale des travailleurs algériens) demonstrated their anger at the contempt shown by the management of state-owned enterprises in response to the workers’ legitimate demands for pay rises, the respect of trade union rights, and an end to the sanctions and legal proceedings against workers’ representatives. Marches and sit-ins were organised, including one at the end of December in the Rouiba industrial zone outside the head offices of the UGTA urging the national centre to convey their message to the employers.
The independent trade unions were fiercely critical of the government which, as in previous years, had not included them in the tri-partite negotiations in May and September. The independent unions in the education and health sectors, although highly representative, had enormous difficulty making their demands heard by the authorities. Several strikes were ruled illegal. Many trade unions have still not been recognised, or their names have been usurped by government-backed dissidents, in a bid to undermine their representativeness.
Social unrest spread to sectors usually untouched by it, such as the justice system with strikes by the clerks of court, lawyers and the communal guards, an auxiliary security force created during the war against the Islamists. As usual the authorities declared the strikes illegal and threatened sanctions against those who took part in the protest actions.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Algiers

reported violations - 2012
Violations
On 27 September, Malik Fallil from the education sector, Chair of the National Committee of Pre-Employment and Social Network Workers, affiliated to the public sector union SNAPAP (Syndicat National Autonome des Personnels de l’Administration Publique) found that her employment contract had been terminated, yet no reason was given. She had earlier been threatened by the police, warning her to put an end to her trade union activities. One week before, on 20 September, she had been briefly arrested for taking part in a sit-in outside the Labour Ministry.
Several other leaders and members of independent unions were also harassed. The President of SNAPAP, Rachid Malaoui, has been persecuted for years, and threatened with death. His car was sabotaged in July. On 24 February Mourad Tchiko, another SNAPAP leader, and a civil protection officer, who had been suspended by his employer since 2004 and had his passport withdrawn in 2010, was called for questioning together with a photographer from the union when he went to support hunger strikers from the union’s branch in the Higher National Institute for Public Works College (Ecole nationale supérieure des travaux publics - ENSTP).
There was also the arrest and questioning at the height of the protest movement at the beginning of the year of two prominent Algerian trade unionists: Ahmed Badaoui, a former UGTA (Union générale des travailleurs algériens) leader and Yacine Zaïd, a blogger, human rights activist and staunch defender of trade union rights in the oil industry where he worked until dismissed and prosecuted.
Six members of the paramedics union Syndicat algérien des paramédicaux (SAP) were suspended during a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
called by the union that began on 8 February. When the strikers resumed work on 24 February, the Health Ministry promised that it would meet the SAP’s demands, including the reinstatement of its six activists.
The resident doctors (i.e. those in the process of specialisation) went on a four month strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, from March to July, with intermittent protest actions, some of which were harshly repressed by the police. The demonstrations of 4 May and 1 June in Algiers left some 20 strikers injured. The Health Ministry declared the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
illegal and punished the protesters by freezing their pay. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was suspended on 17 July. The strikers’ demands included a pay review, improvements to the resident doctor status and above all the repeal of compulsory civil service whereby all young specialists have to work for between two and four years in remote areas of the country.
At the end of October the public sector health workers’ unions, the Syndicat national des praticiens de santé publique (SNPSP) and the Syndicat national des praticiens spécialistes de la santé publique (SNPSSP) held a further one day strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to denounce the failure to meet the commitments made and the breaking off of social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
.
During the night of 19 to 20 March, youths threw stones at the Trade Union House in Dar El Beïda (Algiers) for several hours. Unemployed and supply teachers were holding a meeting in the building to prepare the protests actions they planned to hold the following day. Although the Trade Union House, the headquarters of the national public service union the Syndicat national autonome du personnel de l’administration publique (SNAPAP), is next door t a police station and a National Security services road block, the police did nothing to restore order. In fact according to many witnesses, the police seemed to be actively helping the attackers. A few weeks later, during the night of 8 to 10 May, the Trade Union House was burgled and the two computers there stolen. The premises were under almost permanent surveillance by the police.
On 25 September Akroune Belgacem, an officer from the General Information Service, went to the home of the owner of the premises. He put pressure on him to terminate the lease and evict the trade union. He was threatening and even warned that Rachid Malaoui, the president of the SNAPAP, would be assassinated and the premises locked up for a long time. He also tried to blackmail the landlord into accepting a new tenant and collaborating with the police. The authorities had already closed down the Trade Union House in 2010 on spurious grounds.
See arbitration, conciliation by the Prime Minister and the national centre, the Union générale des travailleurs algériens (UGTA), the sanctions were lifted and negotiations resumed. Some 900 air stewards and stewardesses were protesting at the decision to bring their salaries into line with those of ground staff.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . Instead of negotiating a solution to the dispute, management set about a veritable purge of the staff. While some workers agreed to sign a statement saying they would abstain from striking many others learnt when they were called to a meeting by management that they would face financial penalties or be sacked. Since then, despite the steadfastness of hundreds of unfairly dismissed workers and the numerous messages sent by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) management continued to refuse to negotiate with the workers and their representatives.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike that had begun one week earlier.
Teachers took part in a sit-in that lasted the whole of December, outside the Education Ministry. On the night of 14 December, the security services came and took away their mattresses and blankets, insulted them and threatened them with imprisonment. This intimidation was repeated on several occasions. A number of teachers needed urgent medical attention after two weeks in the cold. The civil servants union the Syndicat national autonome du personnel de l’administration publique (SNAPAP) took up their cause, denouncing the silence and indifference of both the authorities and of civil society. Similar action at the beginning of 2011 had led to the integration of some contract teachers. The situation of a further 3000 still needs to be put in order, even if the Education Ministry has stated that the matter is now closed.
In addition to contract teachers, SNAPAP supported the demands of pensioners who have created their own trade union, and the struggle of migrants from sub-saharan Africa, such as the five women intercepted in the south of the country while trying to join their husbands, whether or not they are clandestine, who are usually deprived of their most fundamental rights.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Algiers
