Weekly Rest (Industry) Convention, 1921 (No. 14) - Algeria (RATIFICATION: 1962)

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Article 7 of the Convention. Notices and rosters. Further to its previous comment concerning the obligation for the employer in an enterprise employing fewer than 20 workers to inform the workers of the days and hours of rest by means of notices posted conspicuously in the establishment, or by a roster drawn up in accordance with the method approved by the national legislation or by a regulation, the Committee notes the Government’s reply to the effect that labour standards, including hours of work and the distribution thereof, belong to the area of collective bargaining. The Government indicates that, in the event of a dispute concerning the distribution of hours of work, it is the rules of conciliation and arbitration that apply. The Committee wishes to recall that the purpose of Article 7 of the Convention is not only to inform workers of the weekly hours of rest that are applicable to them, but also to ensure the enforcement of these conditions. The Committee therefore hopes that the Government will take the necessary measures in the near future to ensure that all workers are informed of days and hours of rest by means of notices or rosters, in accordance with this Article of the Convention.

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Article 7 of the Convention. Notices and rosters. Further to its previous comment, the Committee notes the Government’s reference to section 76 of Act No. 90–11 of 21 April 1990 concerning the employment relationship in connection with the establishment of internal regulations in enterprises and Executive Decree No. 96–98 of 6 March 1996 determining the list and content of mandatory special books and registers for employers. However, the Committee notes that the internal regulations are optional for enterprises employing fewer than 20 workers and are mainly concerned with establishing disciplinary rules (disciplinary infringements and the corresponding penalties). As regards Executive Decree No. 96–98, it does not lay down any obligation for the employer to inform the workers of the days and hours of rest by means of notices posted conspicuously in the establishment or by a roster drawn up in accordance with the method approved by the legislation of the country or by a regulation. The Committee recalls that the purpose of Article 7 of the Convention is to inform workers employed in industrial establishments of the weekly hours of rest that are applicable to them, and to ensure the implementation and enforcement of these conditions. The Committee therefore hopes that the Government will take the necessary measures in the near future to ensure that all workers are informed of days and hours of rest by means of notices or rosters, in accordance with this Article of the Convention.

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Article 7 of the Convention. Notices and rosters. The Committee notes that, under section 75 of Act No. 90-11 of 21 April 1990 concerning labour relations, any employer whose workforce comprises 20 workers or more is required to draw up internal regulations. It also notes that, according to the Government, this document also establishes rules concerning the technical organization of work, in particular the distribution of weekly hours of work and the weekly rest period, after consultation of the workers’ elected representatives. The Committee also notes that section 79 of the Act on labour relations provides that the employer is required to ensure that such internal regulations are widely publicized among the workers concerned. While noting that the drawing up of internal regulations is optional in establishments employing fewer than 20 workers, the Committee requests the Government to indicate the way in which effect is given, in respect of these establishments, to this Article of the Convention, which requires the days and hours of rest to be made known by means of notices posted conspicuously, or by means of a roster drawn up in accordance with the method approved by the legislation of the country.

Part V of the report form. Practical application. The Committee notes that, according to the law, anyone who contravenes the legal provisions regarding rest periods shall be penalized with a fine of 1,000–2,000 Algerian dinars (about
€10–20) for each individual worker concerned. The Committee would be grateful if the Government would supply practical information concerning, for example, the number of workers covered by the legislation, extracts of the reports of the inspection services indicating the number and nature of contraventions reported, etc.

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Article 7 of the Convention. The Committee notes the Government's information in its report that the text which specifies the special books and registers which are compulsory for any employer under section 156 of Act No. 90-11 of 21 April 1990 concerning labour relations is in process of adoption. The Committee requests the Government to send it a copy of the text once it has been adopted.