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

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

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.