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Algeria - Procedural requirements for individual dismissals

Procedural requirements for individual dismissals - Algeria - 2013    

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Notification to the worker to be dismissed: written

  • Any disciplinary dismissal (summary dismissal for serious misconduct) shall be notified in writing (Art. 73-2 LRA). A prior oral interview is also required.
    The law does not specify the form of notification for dismissals based on economic grounds.
    However, under the Collective Framework Agreement (CFA) of 2006, the dismissal decision shall be notified to the employee in writing (art 66 CFA). The CFA also requires the employer to conduct an oral interview with the employee prior to any dismissal not resulting from a workforce reduction (art. 64 CFA).

Notice period:
  • The LRA does not specify the duration of the notice period.
    Art. 73-5 LRA provides that any employee who did not commit an act of serious misconduct is entitled to a notice period (délai-congé) whose duration must be established in collective agreements.

    However, the Collective Framework Agreements of 2006 provides for notice periods requirements as follows:
    Unless there are provisions in the law, the employment contract or collective agreements which are more favorable to the employee, upon dismissal (except for serious misconduct), any employee is entitled to a notice period which shall be at least equivalent to the probationary period set out for that position. The notice period is increased by 5 days for each year of service with the same employer up to a maximum of 30 days (art. 61 CFA).

    Pay in lieu of notice: Yes

    • Art. 73-6 LRA.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No