Remarks: Article 3 of the labour act states that the following activities are excluded from its scope, and therefore shall be regulated by specific legislations: civil and military, judges, agents and servers of public institutions and public administration, wilayas and commune, as well as staff from public establishments having of administrative character. Other categories excluded from the scope of the labour act are: Article 4 states that taking into account the current legislation and notwithstanding the provisions of the act, whenever needed, the following categories of workers may be regulated by a specific legislation: companies' CEOs, staff of maritime and flight transportation, staff of fishing and commerce boats, homeworkers, journalists, artists and actors, high performance athletes and home staff.
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.
Executive Decree No. 97-474, 8 December 1997, concerning labour relations for home workers, Journal officiel, 1997-4-12, no. 82, pp. 16-17.
Name of Act
Law No. 81-07 concerning apprenticeships, dated 27 June 1981, Journal officiel, 1981-30-06 pp.634-638".
Name of Act
Decree No. 81-392, 26 December 1981, concerning the application of Law No. 81-07 on apprenticeships, as amended to 18 January 1995 by Executive Decree No. 91-519
Name of Act
Presidential Decree No. 06-395, 12 November 2006, setting the national minimum wage rate, Journal officiel, 2006-11-15, no. 72, p. 12
Name of Act
Presidential Decree n. 09-416, 16 December 2009 readjusting the minimum wage.
Any person providing manual or intellectual work for renumeration for another physical or legal person, public or private
Labour Relations Act §2
Employer
Any physical or legal person, public or private, for whom a wage earner works.
Labour Relations Act §2
MINIMUM WAGE FIXING
Procedure
Government decides after consultation of the social partners
The minimum wage (SNMG) applicable to all activity sectors shall be fixed through a decree, after consultation of the most representative unions associations, either of employees or employers.
Labour Relations Act §87
Minimum wage set through decentralized collective bargaining
Collective agreements concluded according to the conditions established in the labour law deal with conditions of employment and work and can more specifically concern the subjects below mentioned:
3. Correspondants minimum wages.
Labour Relations Act §120
Criteria
Cost of living
For the fixing of the minimum wage, the following elements must be considered:
- The average national productivity registered; - The index of prices to consumers; - The general economic conjuncture.
Labour Relations Act §87
Productivity
For the fixing of the minimum wage, the following elements must be considered:
- The average national productivity registered; - The index of prices to consumers; - The general economic conjuncture.
Labour Relations Act §87
Other provisions
For the fixing of the minimum wage, the following elements must be considered:
- The average national productivity registered; - The index of prices to consumers; - The general economic conjuncture.
Labour Relations Act §87
Coverage
Scope
Civil and military national defense personnel, magistrates, state officials, along with the personnel of public establishments of an administrative nature are not covered by the national minimum wage rate. Separate legislation is enacted concerning these workers.
If the government considers it necessary, separate legislation may also be enacted for managers, pilots and captains, seafarers, home workers, journalists, artists and actors, commercial representatives, professional athletes, and domestic workers.
Labour Relations Act §4
Excluded categories
» Occupations
Civil and military national defense personnel, magistrates, state officials, along with the personnel of public establishments of an administrative nature.
Labour Relations Act §3
Specific minimum wage rates
» Specific minimum wage by occupation
There is no specific minimum wage by occupation.
» Specific minimum wage by sector
There is no specific minimum wage by sector.
» Specific minimum wage by region
There is no specific minimum wage by region.
» Minimum wage levels for specific categories of workers
» Trainees
Apprentices receive a pre-salary, which is paid by the State and is the equivalent of 15% of the national minimum wage rate. This pre-salary is paid for 6 months if an apprenticeship is for a period of 24 months or less. If the apprenticeship is for more than 24 months, the pre-salary is paid for 12 months.
Law No. 81-07 §16 Decree No. 81-392 §1
» Other categories
The salary for home workers is fixed considering the remuneration criteria used in similar professions.
In any case, and unles there is a more favourable agreement between the parts, the home workers remuneration cannot be inferior to the national minimum wage (SNMG), as fixed by the current legislation.
Executive Decree No. 97-474 §8
Remarks: Home workers means a worker who carries out services or manufactures goods for remuneration in their home for the benefit of one or more employer(s). This work may be carried out by the worker with or without the assistance of their family. The worker provides all materials and tools necessary to carry out the work, or these are provided for the worker by the employer. Executive Decree No. 97-474: §2.
Level
Minimum wage level(s) in national currency
15,000 dinars per month.
Presidential Decree n. 09-416, 16 December 2009 readjusting the minimum wage. §1
Last minimum wage update
16 December 2009. (to entry into force the 1st January 2010)
Presidential Decree n. 09-416, 16 December 2009 readjusting the minimum wage.
In-kind allowances
Remuneration shall be expressed in monetary terms and its payment shall only be done by monetary means.
Labour Relations Act §85
Rate of payment
» Hourly
Yes. 86,54 Dinars per hour.
Presidential Decree n. 09-416, 16 December 2009 readjusting the minimum wage. §1
» Monthly
Yes. 15.000 Dinars per month.
Presidential Decree n. 09-416, 16 December 2009 readjusting the minimum wage. §1
Scheduled frequency of adjustment
The legislation does not set forth how frequently the national minimum wage rate should be adjusted.
Enforcement mechanisms
Labour inspection
Labour inspectors ensure the provisions of the Law concerning labour relations are adhered to.
Labour Relations Act §138
Fines in national currency for non-respect of legislation
Any employer who fails to pay at least the national minimum wage rate is subject to a fine of between 1,000 and 2,000 dinars for each offence; and in the case of repeat offences, between 2,000 and 5,000 dinars for each repetition.
Labour Relations Act §149
Results generated on: 20th April 2024 at 02:57:24.
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