Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 95) sur la protection du salaire, 1949 - Algérie (Ratification: 1962)

The Committee notes the Government’s report and the information supplied in reply to the previous direct request. It also notes with interest the promulgation of Executive Decree No. 96-98 of 6 March 1996 on the books and special registers to be kept by the employer which provides for the maintenance of payroll records in conformity with Article 15(d) of the Convention.

Article 2 of the Convention. Further to its previous comments, the Committee notes the Government’s statement that the draft bill regarding the conditions of service of public servants, referred to in section 3 of Act No. 90-11 of 21 April 1990 concerning labour relations, has been finalized and is now before the Parliament. It requests the Government to supply the text of the relevant provisions of the new legislation as soon as it is adopted. While noting the adoption of Executive Decree No. 97-473 of 8 December 1997 on part-time work and No. 97-474 of 8 December 1997 on home work, the Committee would appreciate receiving a copy of the regulations applicable to the categories of workers referred to in section 4 of the abovementioned Act once they are issued.

Article 4. The Committee notes the Government’s indication that, due to the serious economic recession, some isolated cases of payment of wages in kind have been reported in certain public enterprises which are experiencing chronic problems of wage arrears and which have accumulated large quantities of unsold products. In this connection, the Committee recalls that in accordance with the requirements of the Convention, the partial payment of wages in kind may only be authorized in industries or occupations where it is customary or desirable, and that, when authorized, measures should be taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable. The Committee therefore asks the Government to indicate any measures taken to this end. As regards wage arrears, the Committee requests the Government to supply in its next report detailed information on the scale of the problem (i.e. number of workers affected, amount of wages owed, number of enterprises concerned) and the measures taken: (i) to settle existing debts and to ensure timely payment of wages; (ii) to strengthen supervision of payment of wages, notably through the reinforcement of the activities of the labour inspectorate; and (iii) to ensure effective enforcement of appropriate sanctions. The Committee points out that payments in kind may not be deemed to represent a solution to the problem of wage arrears, and stresses that measures taken to reimburse wage arrears should not result in the violation of other provisions of the Convention.

Article 5. Recalling that the 1990 Act on labour relations does not explicitly provide that the payment of wages should be made directly to the worker concerned, the Committee asks the Government to indicate measures taken to give effect to this Article.

Article 6. The Committee is bound to recall that this Article calls for an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. It therefore requests the Government to indicate the measures it intends to take to give effect to the Convention in this regard.

Article 7. In the absence of a Government response on this point, the Committee is bound to reiterate its request for additional information with respect to the practice of operating works stores and services designed to raise the workers’ standards of living as well as any measures taken to give effect to this Article of the Convention.

Article 13. In the absence of any reply to this point in the report, the Committee is bound to reiterate its request regarding measures taken to ensure the payment of wages on working days only, at or near the workplace, and to prohibit payments in retail stores and in places of amusement except in the case of persons employed therein.

Part V of the report form. The Committee finally requests the Government to supply information on the application of the Convention in practice, including, for example, extracts of official reports or statistical information on inspection visits, the number and nature of violations reported and sanctions imposed. The Committee considers such information to be of particular importance in the light of the Government’s reference to cases of delayed payment of wages and wage payment in kind.