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> GOVERNANCE - home > Employment protection legislation database - EPLex > Algeria

Algeria - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Algeria - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 73-4 LC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- Compensation for unfair disciplinary dismissal in lieu of reinstatement: at least 6 months' pay.
- In case of non-compliance with mandatory procedural requirements: the dismissal is void and the employer shall pay compensation which shall at least amount to back pay.

Remarks:
  • Art. 73-4 LC.

Reinstatement available: Yes

Remarks:
  • Art. 73-4 LC.

Preliminary mandatory conciliation: Yes

Remarks:
  • Preliminary mandatory conciliation before the Conciliation Office (Bureau de Conciliation): see art. 19 of the Individual Labour Disputes Settlement Act.
    The Conciliation Office is made up of 2 representatives of the employers and 2 workers' representatives (art. 6 ILDSA).

Competent court(s) / tribunal(s): labour court

Remarks:
  • According to The Individual Labour Disputes Settlement Act, disputes regarding termination of employment are heard by the tribunal competent over labour matters [le "Tribunal siégeant en matiere sociale"] (art. 20 ILDSA). This tribunal shall comprise a judge and workers' and employers' representatives (art. 8 ILDSA).

Existing arbitration: No

Remarks:
  • No arbitration for individual disputes.