Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Algeria (Ratification: 1962)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 9 of the Convention. Compensatory remuneration in the event of dismissal. Further to its previous comment, the Committee notes the Government’s reference to section 73-5 of Act No. 90-11 of 21 April 1990 concerning the employment relationship. Nevertheless, the Committee notes that section 73-5 provides for a period of notice in the event of dismissal and does not give effect to Article 9 of the Convention, which provides that a person dismissed for a reason other than his own misconduct, before he has taken a holiday due to him, shall receive remuneration in respect of every day of holiday due to him. The Committee also notes the Government’s reference to Legislative Decree No. 94 09 of 26 May 1994 concerning the preservation of employment and the protection of workers at risk of involuntary dismissal, section 21 of which stipulates that workers who are dismissed in the context of downsizing and who are compensated with a job, retirement or early retirement shall not be entitled to any allowance other than that due in the form of paid holiday. The Committee recalls that section 24 of Act No. 81-08 of 1981 and section 227 of Ordinance No. 75-31 of 1975, which are no longer in force, gave full effect to Article 9 of the Convention since they provided for the right to compensatory remuneration in cases where the employment contract was ended before the worker was able to take, in whole or in part, the annual holiday to which he was entitled. The Committee requests the Government to take the necessary measures to ensure that the right to compensatory remuneration in the event of dismissal, as part of the entitlement to holidays with pay, is extended to all agricultural workers, and not just in the specific case laid down in section 21 of Decree No. 94-09 of 26 May 1994.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 3 of the Convention. Minimum duration of annual holidays with pay. The Committee notes the information contained in the Government’s report, and particularly the provisions of Act No. 90-11 of 21 April 1990 respecting labour relations and the national collective agreement of 30 September 2006, which continue for the most part to give effect to the requirements of the Convention.

Article 9. Compensatory remuneration in the event of dismissal. The Committee notes that, in contrast with section 24 of Act No. 81-08 of 1981 and section 227 of Ordinance No. 75-31 of 1975, which are no longer in force, the Act on labour relations of 1990 does not appear to contain provisions respecting the compensation to be received by any person dismissed for a reason other than his/her own misconduct before taking the holiday that is due. The Committee therefore requests the Government to indicate the provisions giving effect to this Article of the Convention.

The Committee also wishes to draw the Government’s attention to the fact that, at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 101 is outdated and invited States parties to the Convention to contemplate ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132 for persons employed in the agricultural sector by a State party to Convention No. 101 involves ipso jure the immediate denunciation of the latter Convention. This approach would appear all the more appropriate as the legislation of Algeria, which provides for annual holidays with pay of 2.5 days for each month of work, without the overall duration exceeding 30 calendar days for each year of work, is clearly more favourable than the requirements of Convention No. 101 and indeed reflects the requirements of Convention No. 132, which establishes the minimum duration of annual holidays with pay at three weeks for each year of service. The Committee requests the Government to keep the Office informed of any decision that it may take concerning the ratification of Convention No. 132.