Algeria - Maternity protection - 2011

04 April 2011.

Social Insurance Act, Act N° 83-11 (Loi No. 83-11 du 2 juillet 1983 relative aux assurances sociales), dated 2 July 1983 (Journal Officiel, N° 28, 13 juillet 1983, p.1198) as amended up to Law No 08-01 of 23 January 2008

Decree No. 84-27 concerning regulations for the implementation of Act No. 83-11 respecting social insurance, dated 11 February 1984; Décret No. 84-27 du 11 février 1984 fixant les modalités d’application du titre II de la loi No. 83-11 du 2 Juillet 1983 relative aux assurances sociales, Journal Officiel, 14 février 1984, pp. 150-154

Presidential Decree No. 05-117 concerning measures of protection against ionising radiations, as amended up to Decree No. 07-171, 2 June 2007; Décret présidentiel No. 05-117 du 2 Rabie El Aouel 1426 correspondant au 11 avril 2005 relatif aux mesures de protection contre les rayonnemets ionisants, modifié et complèté par le Décret présidentiel n° 07-171 du 2 juin 2007.

Labour Relations Act, Law No. 90-11 (Loi n° 90-11 du 21 avril 1990 relative aux relations de Travail), 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

Are considered as working period for the determination of the annual leave:
- absent periods for maternity leave, disease or work accidents.

During the pre and post-natal periods the female workers have the right to maternity leave according to law.

The labour relation may be legally suspended in case:
- of disease leave or any leave similar to it, if forseen by the social security legislation.

At least one week before confinement.

The daily benefit conceeded to the female worker due for maternity leave shall be given for the period in which she has interrupted work, that is up to 14 weeks.

The pregnant worker has to stop working before the date of birth, determined by a medical certificate.

However, this period cannot be inferior to one week.

Medical and cash benefits from the sickness insurance are granted in the event of illness or complications.

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.

The employee who intends to take this leave shall justify and notify the employer of his decision.

In any of these cases, the worker is entitled to a 3 day leave.

Every worker, whether employees or related employees, no matter in which activity sector they belong or in which legal regime they belonged before the entry into force of this act, shall benefit from the social security.

In order to have the right to cash benefits from the social security system during maternity leave, the female worker has to have worked at least 9 days or 60 hours in the last 3 months preeceding the first date she took knowledge of the pregnancy; or 36 days or 240 hours in the last 12 months preceeding the first date she took knowledge of the pregnancy.

-Pregnant workers shall cease their work before the presumed date of confinement.
-They shall have at least 15 days or 100 hours of work during the 3 months preceding the date of the first medical certificate of pregnancy; or at least 60 days or 400 hours during the 12 months preceding that date.

-The woman must notify social security of her pregnancy at least 6 months before the expected date of confinement, and she must have a complete medical examination before the end of the third month of pregnancy, an obstetrical examination during the sixth month, and 2 gynaecological examinations (one 4 weeks before the birth and one 8 weeks after). If not, cash benefits are reduced by 20 per cent.
-The woman must present to the Social Security Institution a certificate indicating she has ceased to work, and a wage certificate from the employer.

The daily benefit conceeded to the female worker due for maternity leave shall be given for the period in which she has interrupted work, that is up to 14 weeks.

The female worker, obliged to interrupt work because of the pregnancy, has the right to a daily benefit during matertiny leave equal to a 100% of the regular wage she receives.

The financing of the social security benefits costs will be assured by a part of the compulsory contribution, paid by both employers and employees determined by Title I of this Act.

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.

The employee who intends to take this leave shall justify and notify the employer of his decision.

The worker is entitled to a 3 days paternity leave.

The worker is entitled to leave without loss of wages.

The worker is entitled to leave without loss of wages. Therefore, the employer shall pay for the paternity leave.

100 per cent of medical benefits are guaranteed to women workers covered by the social insurance Act. Hospitalisation costs are guaranteed to a maximum of 8 days. The female worker is also entitled to reimboursement for medical and pharmaceutical expenses in the order of 100%. The same rights are granted to self employed female workers and the spouse of a male worker, provided that she does not exercise a professional activity.

Social security system, which is financed by the contributions of employers and persons covered by the social insurance act.

Employers shall not employ women to work at night, with the exceptions authorised by the labour inspector who shall decide if night work is justified.

Pregnant workers who occupy a post involving exposure to ionising radiations shall be transferred to a different job. Breastfeeding mothers shall not work in a post where a risk of contamination may exist.

Any provision in collective agreements, conventions or labour contracts stipulating any kind of discrimination in employment, based on sex or family status among other reasons, shall be null and void.