Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Algeria (Ratification: 1962)

The Committee notes with concern the observations received on 30 July 2025 from the Trade Union Confederation of Productive Workers (COSYFOP) and on 13 August 2025 from the National Autonomous Union of Public Administration Personnel (SNAPAP) complaining of serious violations of the Convention, which are examined below. Noting the detailed information provided by the Government in response to the COSYFOP on the situation of several trade unionists referred to in its communication, the Committee requests it to provide comments in response to the other allegations contained in the observations of the trade union organizations referred to above, in particular those relating to anti-union discrimination against numerous trade union leaders and members of the SNAPAP who are mentioned by name in its communication.

Furthermore, the Committee notes the Government’s detailed comments on the observations by national and international trade unions received between 2023 and 2024.

Articles 1 to 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee notes with concern the high number of cases of anti-union discrimination and interference reported by trade unions. The Committee recalls that the Committee on Freedom of Association has had before it several cases concerning harassment and dismissal of trade union leaders and members, as indicated in the observations of the trade union organizations. The Committee refers in particular to the conclusions and recommendations of the Committee on Freedom of Association in the cases concerned, such as that of the COSYFOP (see 411th Report, June 2025, Case No. 3434).

The Committee previously requested the Government to respond to the allegations of anti-union discrimination, including threats against and dismissals of trade union leaders of organizations affiliated with the COSYFOP: BATIMETAL-COSYFOP; the Workers’ Union of the Commission for Electricity and Gas Regulation (STCREG); the Higher Institute for Management and Planning (ISGP); and the National Federation of Workers in Social Security Funds (CNAS). The Government was also asked to indicate whether these trade union organizations continued their activities and were able to engage in collective bargaining in the establishments concerned. The Government indicates that: (i) the legal protection of worker representatives, afforded by the ILO Conventions and the national law, is applicable only to duly constituted and registered organizations; (ii) administrative and legal appeals allow any complaint to be handled impartially, and the labour inspectorate ensures effective protection against dismissals on grounds of trade union activity. The Government reiterates that the individuals behind the allegations have no legitimate authority to f on behalf of the COSYFOP, which, according to its founding members, suspended its activities in 1994. The entities mentioned in the complaints are not registered as trade union organizations and operate outside the legal framework. Concerning the individual cases, the Government indicates that only four individuals filed appeals and that while the others mentioned could have taken legal action they did not do so, and provides details relating to their situation: Ms Amel Khalifi (ISGP) and Mr Ahmed Yahia Mohamed Ousalem (ISGP) were dismissed for dereliction of duty following disciplinary and judicial proceedings that were not enforced; Mr Djerbir Othmane (BATIMETAL-COSYFOP) was awarded compensation after being denied reinstatement as ordered by the court; Mr Ayoub Merine (CNAS) was sanctioned and transferred following a criminal conviction relating to defamatory statements. Furthermore, the COSYFOP submitted new allegations concerning the anti-union dismissal of leaders of the Seasonal Forestry Workers’ Union and decries the failure of the labour inspectorate to take action despite its legal obligation to investigate. The Government states in response that the three workers concerned were seasonal workers whose contracts simply expired at the end of the 2023 campaign, without disciplinary action or decision to dismiss. Moreover, the Government disputes their status as trade union representatives, as the COSYFOP has not been legally active for a long time. The Committee draws the Government’s attention to the fact that measures such as transfers, relocations, demotions, restriction of privileges or non-renewal of contracts may be motivated by anti-union considerations and cause serious prejudice to the workers concerned. In the light of the comments received, the Committee requests the Government to ensure that the administrative authorities conduct all the necessary investigations in cases of allegations of anti-union discrimination.

Implementation of new legislation. The Committee previously made recommendations on certain provisions of Act No. 23-02 of 25 April 2023 on the exercise of trade union rights as well as Act No. 23-08 of 21 June 2023 on the prevention and settlement of collective labour disputes and the exercise of the right to strike. It notes the Government’s reply in this regard and examines it below.

Procedures for protection against anti-union discrimination. The Committee requested the Government to provide information on the implementation of sections 133-147 of Act No. 23-02 on procedures for protection against anti-union discrimination in the private and public sectors. The Committee notes with concern that the COSYFOP and the SNAPAP continue to complain of the labour inspectorate’s failure to take action when complaints of anti-union discrimination are filed. It notes with regret that the Government merely indicates that the labour inspectorate ensures the impartial enforcement of labour legislation and that it is competent to investigate allegations of trade union discrimination and, as appropriate, to restore the rights of trade union representatives, including by a reinstatement order. The Committee considers that it is for the Government to ensure that the competent authorities take time-bound and decisive action to investigate all reported cases of anti-union discrimination, determine corrective measures without delay and impose adequate penalties if it is established that the trade union rights recognized in the Convention have been obstructed in certain administrations or enterprises. In view of the recurrent allegations concerning the failures of the labour inspectorate, the Committee urges the Government to take all necessary steps to ensure that investigations are conducted systematically by the labour inspectorate, irrespective of the source of the complaint, in cases of allegations of anti-union measures affecting trade union members and leaders. The Committee requests the Government to provide information on the measures adopted in this respect as well as on the results achieved.

The Committee further requests the Government to provide information on the implementation of sections 133-147 of Act No. 23-02, in particular updated statistical data on the number of actions lodged with the labour inspectorate, the percentage of investigations carried out and their outcomes.

Moreover, the Committee previously noted that under the current legislation and procedures, it would be possible for an employer to dismiss the founding members of a union during the period when it was applying for registration (which in practice can take several years), without the latter benefiting from the protection afforded by the legislation against anti-union discrimination. The Government indicated that it was prepared to initiate consultations with the social partners, as necessary, in this regard. In its latest report, the Government indicates that Act No. 23-02 provides for specific safeguards for trade union leaders and members against all forms of discrimination and reprisals, thereby ensuring a conducive environment for their activities as soon as the union’s constituent general assembly is held, as well as for criminal penalties, in particular under section 156 of the Act, in cases of obstruction to the exercise of trade union rights. It also reconfirms its willingness to examine complaints by trade union representatives in accordance with the applicable legislation. The Committee understands from this indication by the Government that the founding members of a trade union may enjoy protection under Act No. 23-02, in particular under the provisions relating to the protection of the exercise of the right to organize (sections 125-132 of the Act), from the holding of the constituent general assembly of the trade union in question rather than the declaration of its establishment (sections 34 and 35 of the Act). The Committee requests the Government to confirm this reading of the Act. Should there be an alternative reading, the Committee reiterates its request to the Government to initiate consultations with the social partners in order to ensure without delay that trade union leaders and members have adequate protection during the period when the union that has been established is applying for registration, and to indicate any progress made in this regard.

Determination of trade union representativeness. The Committee notes that, according to the COSYFOP, the legal criteria for representativeness under sections 69 and 73 of Act No. 23-02, although objective in theory, are applied in a discriminatory manner in practice, with the result that independent trade unions are excluded from any access to collective bargaining. While some unions automatically obtain the required identification, the COSYFOP is denied it without written justification. Furthermore, the Committee commented previously on the implementation of section 69 of Act No. 23-02, under which the representativeness of a trade union organization is determined by a minimum voting strength in professional elections, as well as the financial transparency of its accounts and its political neutrality. The Committee noted that the criterion of political neutrality could give rise to difficulties in that it could trigger risks of partiality or abuse and wished to know how the criterion of financial transparency was relevant to determining representativeness. The Committee noted the Government’s explanations but nevertheless considered that the use of these two criteria may not provide the required guarantees of precision and objectivity and so potentially give rise to risks of partiality or abuse. The Government reiterates its previous arguments that the new requirements recently introduced to section 69 of the Act were intended to ensure the robust and transparent management of financial resources, which implies that the trade union respects, in particular, democracy, freedom of opinion, non-discrimination and independence from political parties. It affirms that similar criteria exist in other national legislation, particularly in relation to the financial transparency and political neutrality of trade union organizations. The Committee is bound once again to recall that it considers the reference to the criteria of financial transparency of accounts and political neutrality for determining the representativeness of organizations to be engaged in collective bargaining may not provide, when implemented, the required guarantees of precision and objectivity, and, therefore, give rise to risks of partiality or abuse. Consequently, and recalling that the Government indicated previously its willingness to assess the effectiveness of the measures introduced by the law and to improve the legislative framework within an inclusive and constructive social dialogue, the Committee urges the Government to consult with the representative employers’ and workers’ organizations on the means of recognition of representativeness under section 69 et seq of Act No. 23-02, with a view to their revision. Meanwhile, the Committee once again requests the Government to indicate any situation in which the criteria of financial transparency and political neutrality have been applied in practice when determining representativeness following professional elections.

Conditions for maintenance of representative status. With reference to its previous comments on sections 79 et seq of the Act which require organizations to provide, every three years, detailed information via an electronic platform in order to obtain official accreditation maintaining their representativeness, the Committee indicated, on the one hand, that the requirement to provide information concerning members in order to maintain representative status would obviate the criterion of election results and, on the other hand, that the completeness of the information that basic trade union organizations were required to provide to the employer and labour inspectorate, under the terms of section 79(3) of the Act, could raise difficulties with regard to the risks of anti-union discrimination, as the trade union organizations maintained. The Committee notes that the Government merely reiterates that the information gathered via the electronic platform is protected by data protection laws and is not shared with employers under any circumstances. It cannot therefore be used for purposes of anti-union discrimination. Furthermore, the substance of the information allows an objective assessment of representativeness to be made and enhances transparency.

The Committee recalls that it previously considered that membership numbers of a trade union organization could be established from a statement of union dues without there being a need to provide a list of members’ names, which would entail a risk of acts of anti-union discrimination. The Committee therefore requests the Government once again to engage in consultations with the representative employers’ and workers’ organizations to remove the requirement to provide information that could facilitate acts of anti-union discrimination and to indicate any progress made in this regard.

Renewal of representative status. The Committee requested information on the practical implementation of the administrative approval mechanism for the validation and maintenance of the representative status of trade union organizations and its potential impact on the development of industrial relations and collective bargaining. In the absence of information in the report, the Committee hopes that the Government will soon be able to provide information on the renewal of the representative status of organizations, and to indicate the number of certificates provided each year and the number of refusals to renew, appeals and outcomes thereof.

Article 4. Promotion of collective bargaining. In response to the Committee’s request concerning the promotion of collective bargaining in the absence of a representative organization in a unit, the Government reiterates, with regard to the right of minority trade unions, that these have the right to engage in actions such as disseminating information and other initiatives to attract new members (section 70 of Act No. 23-02), or to appoint a trade union representative to disseminate and display information relating to the trade union activities of his or her organization (section 95 of Act No. 23-02). The Committee once again requests the Government to clarify the extent to which, if no trade union attains the requisite threshold to be declared representative in professional elections, minority organizations might unite to negotiate a collective agreement applicable to the negotiating unit or, at least, conclude a collective agreement on behalf of their respective members. The Committee reiterates that in the absence of legislative or regulatory provisions that would allow such a solution, it encourages the Government to initiate consultations with representative employers’ and workers’ organizations on the issue and to provide information on the corresponding outcomes.

Application of the Convention in practice. The Committee notes the detailed data provided on the total number of collective agreements and accords registered by the labour inspectorate during 2024. The Committee requests the Government to continue to provide statistics on the number of collective agreements and accords registered by the labour inspectorate, and to specify the sectors concerned as well as the number of workers covered.