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Algeria - Working time - 2011


LAST UPDATE

04 April 2011.
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SOURCES


Name of Act

Labour Relations Act,
Law No. 90-11, dated 21 April 1990 Journal officiel, 1990-04-25, no. 17, pp. 488-501, as amended to 11 January 1997 by Ordinance No. 97-03 concerning working time, Journal officiel, 1997-01-12, no. 3, pp. 6-7; Loi No. 90-11 du 21 avril 1990 relative aux relations de travail (modifié et completée au 11 janvier 1997), Journal Officiel, N° 17, 25 avril 1990, pp. 488-501)

Name of Act

Law No. 63-278 on public holidays,
26 July 1963, (Loi n°63/278 du 26 juillet 1963 fixant la liste des fêtes légales), as amended up to Act No. 05-06 of 26 April 2005.

LEGAL DEFINITIONS


Employee/worker

Any physical or legal person, public or private, for whom a wage earner works.
Labour Relations Act §2

Employer

Any person providing manual or intellectual work for renumeration for another physical or legal person, public or private.
Labour Relations Act §2

Part-time work(er)

Work in which the working hours are less than normal full time hours.
Labour Relations Act §13

Night work(er)

Work performed between 21:00 and 5:00.
Labour Relations Act §27

NORMAL HOURS LIMITS


Daily hours limit


General limit

Daily working period cannot in any case exceed 12 hours.
Labour Relations Act §26

Weekly hours limit


General limit

The normal weekly working hours shall be of 40 hours per week in normal conditions of work.
Labour Relations Act §22
Historical data (year indicates year of data collection)
  • 2009: 40 hours
  • 2007: 40 hours
  • 1995: 44 hours.

Reference period(s)

The work week shall be divided in 5 working days.
Labour Relations Act §22(2)

Exceptions

ARDUOUS OR HAZARDOUS WORK
The 40 hour limit may be reduced for particularly arduous or dangerous work.

INTERMITTENT WORK
The 40 hour limit may be increased for certain jobs that involve periods of inactivity, which are to be determined by collective agreements or regulations.
Labour Relations Act §23

OVERTIME WORK


Criteria for overtime


General

Overtime can be worked, exceptionally, where absolutely necessary. Workers’ representatives must be consulted and the Labour Inspectorate informed.
Labour Relations Act §31

Limits on overtime hours


General limits

In this case, employers can request workers to perform overtime beyond normal legal limits. Overtime work cannot exceed 20% of the regular legal limit.

However, in the cases expressevely forseen below, overtime can be extended over the limits determined in the last paragraph, in the conditions established in the collective agreements:

-In order to prevent iminent accidents or fix damages resulting from accidents;
-In order to finish a specific work that if interrupted may risk the occurrence of damages.
Labour Relations Act §31(2)(3)
Historical data (year indicates year of data collection)
  • 2009: Overtime work cannot exceed 20% of normal hours of work. Total daily hours (including overtime) cannot exceed 12 hours.
  • 2007: Overtime work cannot exceed 20% of normal hours of work. Total daily hours (including overtime) cannot exceed 12 hours.
  • 1995: Maximum daily hours: 12, including overtime; 20% of 44 hours a week.

Restrictions/exceptions

Exceptions to the limits on overtime work are permitted to:
(a) prevent or respond to accidents; or
(b) where the interruption of work may result in damage, under conditions determined by collective agreements.
Labour Relations Act §31

Compensation for overtime work


Overtime rate(s)

Overtime work shall be paid a surcharge of at least 50% of the regular hourly wage.
Labour Relations Act §32
Historical data (year indicates year of data collection)
  • 2009: 50% addition
  • 2007: 50% addition
  • 1995: 25% premium.

SCHEDULES


General

The 40 hour workweek should be arranged over a period of a maximum of 5 days.

The schedule of working hours within the week is to be determined by collective agreements.

In public institutions and public administration, schedule shall be determined by a specific regulation.
Labour Relations Act §22

REST PERIODS


Rest breaks


General provisions

A break of at most 1 hour for continuous work, of which half an hour is counted as working time ("travail effectif").
Labour Relations Act §25
Historical data (year indicates year of data collection)
  • 1995: 1 hour for continuous work.

Weekly rest periods


Duration


» General

Every worker is entitled to one whole day of weekly rest period. Normally the before mentioned period shall be taken friday, according to regular working conditions.
Labour Relations Act §33
Historical data (year indicates year of data collection)
  • 2009: 1 day
  • 2007: 1 day
  • 1995: 1 day.

Day specified


» General

Normally the before mentioned period shall be taken friday, according to regular working conditions.
Labour Relations Act §33

» Exceptions

Weekly rest can be taken on another day due to economic or production requirements.
Labour Relations Act §37

Work on weekly rest day


» Compensation (for working on a rest day)

Weekly rest day and holidays are legal rest days.

Every employee who works in a legal rest day will have the right to a compensatory rest day of equal duration as the latter and benefits also of the payment of a surcharge equivalent to that paid for overtime work, according to what the present Act states (Labour Relations Act).
Labour Relations Act §35, 36

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE

Every worker has the right to annual leave paid by the employer. Any waiver by the worker of part or the whole of the leave is null and void.
Labour Relations Act §39

Duration


» General

The paid annual leave shall be calculated on the basis of 2 and 1/2 days per month of work. The total duration of the leave cannot, however, exceed 30 calendar days per year.
Labour Relations Act §41
Historical data (year indicates year of data collection)
  • 2009: 2 1/2 days per month to an annual maximum of 30 calendar days.
  • 2007: 2 1/2 days per month to an annual maximum of 30 calendar days
  • 1995: Up to 30 calendar days; 10 additional days in the southern regions.

» Exceptions

Workers in the southern provinces (""wilayas"") of Algeria are entitled to additional leave of at least 10 days.

Workers engaged in particularly arduous or dangerous work can be entitled to a longer leave period determined by collective agreements.
Labour Relations Act §42, 45

Payment


» Amount

The compensation paid for the annual leave shall be equal to 1/12 of the total remuneration perceived by the worker during the reference year of the leave or the preceeding year of the leave.
Labour Relations Act §52

Schedule and splitting

The date and schedule of the annual holidays are determined by the employer on the advice of workers’ representatives.
Labour Relations Act §51

PUBLIC HOLIDAYS


Number and dates

11 days.

1st May; 5th July (Independence Day); 1st November (Revolution Day); Idul Fitr (2 days); Idul Adha (2 days); Awal Moharram (1 day); Achoura (1 day); El-Mawlid Ennabaoui (1 day); 1st January.

In addition to these public holidays:
(1) Christian workers are entitled to holidays on Easter Monday; the Ascension; 15th August (Assumption); Christmas Day;
(2) Jewish workers are entitled to holidays on Roch Achana; Youm Kippour; Pisah.
Law No. 63-278 on public holidays §1-4

Payment

Weekly rest day and holidays are legal rest days.

Every employee who works in a legal rest day will have the right to a compensatory rest day of equal duration as the latter and benefits also of the payment of a surcharge equivalent to that paid for overtime work, according to what the present Act states (Labour Relations Act).
Labour Relations Act §35, 36

Work on Public Holidays


» Compensation

Every employee who works in a legal rest day will have the right to a compensatory rest day of equal duration as the latter and benefits also of the payment of a surcharge equivalent to that paid for overtime work, according to what the present Act states (Labour Relations Act).
Labour Relations Act §36

EMERGENCY FAMILY LEAVE

Besides the cases of absences forseen in the social security legislation, the employee can benefit, once justified and notified the employer, of the following absences without loss of remuneration:

-Whenever one of the following family events happen:
worker’s marriage, birth of the worker’s child, marriage of one of the worker’s descendents, death of one of the worker’s parents, children or brother/sister (as well as from his spouse), death of the spouse, circumcision of one of his children.
In any of these cases, the worker is entitled to a 3 day leave.
Labour Relations Act §54

PART-TIME WORK


General provisions

The labour contract can be concluded for a limited duration or part-time work, that is for an average working duration inferior to that established as legal regular working time, whenever:

- the work available does not allow to request a worker to be employed in it full time;
- the worker requests it for family reasons or personal matters, cases in which the employer has to accept it.
Labour Relations Act §13(1)

Limits

In any case the working time for part-time work can be inferior to half of the legal regular working time.
Labour Relations Act §13(2)

NIGHT WORK

Night work is that performed between 21h and 05h.
Labour Relations Act §27

Criteria for night work

Night work is that performed between 21h and 05h

The rules and conditions of the night work, as well as the rights that should apply to it, shall be determined by collective agreements.
Labour Relations Act §27(1)(2)

Special categories


Young workers

It is prohibited for young workers (under 19 years) to work at night.
Labour Relations Act §29

Women

It is prohibited for an employer to require women to work at night.

Exceptions to this prohibition can be permitted by the Labour Inspectorate where the nature of the work justifies them.
Labour Relations Act §29

SHIFT WORK


Criteria for shift work

Where the needs of production or the provision of services require it, work can be organized in continuous shifts.

Individuals who are engaged in continuous shift work are entitled to an increased wage.
Labour Relations Act §30

SHORT-TIME WORK/WORK-SHARING


General provisions

Before reducing the number of employees due to economic reasons, the employer has to take recourse to all measures that can avoid lay-offs, inter alia through the reduction of working hours or the introduction of part-time work.
Labour Relations Act §69, 70

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

The labour contract can be concluded for a limited duration or part-time work, that is for an average working duration inferior to that established as legal regular working time, whenever:

- the worker requests it for family reasons or personal matters, cases in which the employer has to accept it.
Labour Relations Act §13

Reasons for request


General

The worker requests it for family reasons or personal matters, cases in which the employer has to accept it.
Labour Relations Act §13

Results generated on: 23rd August 2014 at 13:28:35.
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