Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Employment Policy Convention, 1964 (No. 122) - Algeria (Ratification: 1969)

Other comments on C122

Observation

Direct Request

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Articles 1 and 3 of the Convention. Implementation of an active employment policy. Participation of the social partners. The Government indicates that salaried employment (permanent, non-permanent and apprentices) increased by 0.93 per cent between 2016-2019. It adds that the promotion of employment and the fight against unemployment, are among the Government’s main concerns and strategic objectives of the national development policy for 2020-2024. The Committee notes the information provided by the Government on employment rates and trends, including permanent salaried employment. It also notes that, in terms of promoting salaried employment, the employment placement support scheme led to the placement of 2,180,270 persons from 2008 to 31 December 2019. Regarding new job creation, the Government states that most job creation is coming from the private sector, with 62.18 per cent of total employment in May 2019. It also refers to two schemes run by the National Youth Employment Support Agency (ANSEJ) and the National Unemployment Insurance Fund (CNAC), which since their launch have recorded the funding of 535,446 projects and have generated 1,236,600 jobs. With respect to unemployment, the Committee notes that a survey conducted in May 2019 by the National Statistical Office (ONS) highlights a national unemployment rate of around 11.4 per cent, with a drop of 0.3 points compared to September 2018. The Government indicates that men’s unemployment rate decreased from 9.9 to 9.1 per cent between September 2018 and May 2019. In contrast, women’s unemployment rate increased during this period, from 19.4 to 20.4 per cent. With regard to rural sector workers, the Government refers to the proposal of rural sector workers to conduct an analysis in this sector. This proposal was welcomed by the public authorities through the organization of the National Agriculture Forum held on 23 April 2018, during which a decision was made to establish five intersectoral working groups. The Government indicates that in this context, the Ministry of Labour, Employment and Social Security organized a second group, whose purpose was to highlight measures to strengthen the participation of young people in agricultural activity. In addition, the Government indicates that the sector responsible for labour, employment and social security has initiated the establishment of a laboratory at the headquarters of the National Labour Institute (INT), tasked with carrying out studies on the informal economy. The results of this work should facilitate decision-making in the tripartite or bipartite framework. With regard to the role of the social partners, the Committee notes the information provided by the Government, particularly in the context of the national economic and social growth pact (2014), which encourages the Government to take into account the proposals made by the economic and social partners concerning employment. It also notes the actions of the National Employment Promotion Committee (CNPE) and its offices in the provinces (wilaya), which constitute an intersectoral promotion coordination and consultation mechanism whose tasks are to issue recommendations on all issues related to employment, taking into account the specificities of each region. The Committee requests the Government to continue to provide detailed and up-to-date information on employment, unemployment and underemployment, including statistical data disaggregated by sector, age and sex. It also requests the Government to provide information on the impact of initiatives led to generate growth and employment in rural areas, particularly through the intersectoral working groups. It further requests the Government to provide updated information on any measures taken or envisaged to facilitate the move of workers from the informal to the formal economy, particularly in the agricultural sector and rural communities.

Women’s employment. The Government refers to the improvement in the rate of women’s integration into the labour market from 2008 to 2019, particularly under assisted employment contracts (CTA) and the vocational integration assistance mechanism (DAIP). The Government reports that the proportion of women in the labour force increased from 19.74 per cent in September 2016 to 20.35 per cent in May 2019. Women made up 18.28 per cent of the total employed population in 2019 (17.63 per cent in 2016), namely 2,062,000 women workers. In this regard, the Committee notes that according to the 2019 ONS survey (Chart No. 06), the economic activity rate of women, is only 13.8 per cent, which is four times lower than that of men (60.7 per cent). The Committee notes that from September 2018 to May 2019, women’s unemployment rate increased from 19.4 to 20.4 per cent. Regarding the proportion of women in the creation of enterprises, the Government indicates that, as part of the support for the creation of micro-enterprises by the two ANSEJ-CNAC schemes, 1,964 micro-enterprises were created by women (compared to 2,975 micro-enterprises created in 2016), generating 4,893 jobs. The Government adds that from the establishment of these two schemes until the end of 2019, 55,638 micro-enterprises were created by women, resulting in the creation of 146,106 positions. In this regard, the Committee notes that between 2010 and 2019, a total of 404,210 new enterprise creation projects (START-UPS) were funded, and that 89.5 per cent of these funds were granted to men (365,907 projects), compared to only 10.5 per cent granted to women (38,303 projects). In this regard, the Committee refers to its 2017 comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) to recall that for many years, the Committee has expressed serious concern regarding the low participation of women in employment and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family, both of which have a negative impact on women’s access to employment and training. The Committee requests the Government to continue to provide information on any measures taken or envisaged to promote women’s employment at all levels and in all sectors of the economy, including non-traditional jobs. The Committee also requests the Government to provide full information on all measures taken to combat occupational segregation and incorporate gender equality in employment intermediation, guidance and integration services at the national level. It also requests the Government to continue to provide statistical data showing the distribution of men and women by economic activity.

Youth employment.The Committee notes the introduction, in February 2022, of an unemployment benefit for young first-time jobseekers registered with the National Employment Agency (ANEM) (section 190 of Act No. 21-16 of 30 December 2021 issuing the Finance Act of 2022). The Government indicates that measures have been taken to facilitate employment placement for young people, particularly within the framework of the DAIP, which carried out 214,938 placements in 2016-2019. The Committee notes that placements in the economic sector with CTA fell from 35,302 in 2016 to 12,944 in 2019. The Government indicates that to encourage the development of investments and creation of jobs, significant measures have been taken to facilitate the procedure for the establishment of their own micro-enterprises for young persons who have projects and are eligible for the job creation schemes managed by the ANSEJ and the CNAC. The Committee notes that the unemployment rate for further education graduates increased from 17.7 per cent in September 2016 to 18 per cent in May 2019. It also notes that between 2018 and 2019, the unemployment rate for young persons (aged 16-24) fell from 29.1 per cent in September 2018 to 26.9 in May 2019, a decrease of 2.2 percentage points over this period. The Committee requests the Government to continue to provide detailed information, including up-to-date statistical information, disaggregated by age, sex and economic activity area, on the type and impact of labour market measures designed to meet the needs of youth employment, in particular further education graduates and those in target groups, such as young women, young persons from rural areas and young first-time jobseekers.

Workers aged over 50 years. The Government indicates that unemployed persons aged over 50 years have difficulty entering or re-entering the world of work because of their age, which is close to the legal age of retirement of 60 years. In this respect, the Government refers to the extension from 50 to 55 years of the age of eligibility for the job creation support scheme for unemployed entrepreneurs, which will enable older unemployed persons to reintegrate into the world of work through entrepreneurship. The Committee requests the Government to continue to provide information on the impact of the measures taken to promote employment and job creation for the unemployed over 50 years, particularly with regard to the long-term integration of those under the support scheme.

Promotion of micro, small and medium-sized enterprises. The Government indicates that considerable resources have been deployed by the specialized bodies (ANSEJ-CNAC) to strengthen support for the project holders through, in particular, channelling activities towards promising sectors according to the needs identified at local level, with the help of local actors and the conclusion of special agreements with different sectors. In this regard, the Committee notes that, within the framework of cooperation and entrepreneurship, an agreement was signed in 2018 with the agriculture sector to promote the creation of micro-enterprises in the area of forestry, and a draft agreement is being prepared to develop activities related to the fisheries sector (construction of boats, maintenance of boats and manufacture of fishing nets, and so forth). It also notes that as part of the support for the creation of micro-enterprises, the employment services undertook the funding of 11,993 micro-enterprises in 2019 compared to 20,164 micro-enterprises in 2016, representing a decrease of 40.52 per cent. The Committee requests the Government to continue to provide information on the impact of the measures taken to support the creation of small and medium-sized enterprises and on the results achieved in terms of job creation, particularly for target groups, such as women, young persons and persons with disabilities.

Labour market policies for workers with disabilities. The Committee notes with interest the Government’s indication that measures have been taken by the Ministry of Labour, Employment and Social Security to facilitate access to various employment structures for persons with disabilities, with a view to integration into salaried employment or in the context of job creation. To this end, specialized desks have been set up in decentralized employment structures (ANEM – ANSEJ-CNAC) dedicated to handling and facilitating the processing of applications submitted by people with disabilities and providing assistance. Regarding support for job creation, since their establishment, the two ANSEJ-CNAC schemes have funded 837 projects (639 ANSEJ and 198 CNAC) for persons with special needs in various activity branches, including handicraft and industrial workers, and independent professionals. In this regard, the Committee notes that in 2011-2019, the number of job applications from people with special needs rose from 1,032 in 2011 to 6,290 throughout the country in 2019. The Government also indicates that labour legislation enshrines the right of persons with disabilities to access work by obliging employers to reserve jobs for this category of persons (section 16 of Act No. 90-11). This principle is also enshrined in Act No. 02-09 of 8 May 2002 on the protection and promotion of persons with disabilities, which requires that at least 1 per cent of jobs be devoted to them. In case of failure, employers are bound to pay a tax which is transferred to the special fund to finance subsidies for employers who adapt and equip workstations for persons with disabilities and for the reintegration of a worker into his or her post after a disability. In addition, employers who recruit people with disabilities benefit from a 50 per cent reduction in their share of social security contributions, with the difference paid by the State. In this regard, the Committee notes that in its concluding observations of 27 June 2019 (CRPD/C/DZA/CO/1, paragraph 44), the Committee on the Rights of Persons with Disabilities expresses its concern about the lack of sufficient resources and qualified professionals within the national agency responsible for the implementation and monitoring of Executive Decree No. 14-214 of 30 July 2014 to facilitate the employment of persons with disabilities. It is also concerned that, despite the entry into force of article 27(1) of Act No. 02-09 of 8 May 2002, which provides that all employers must devote at least 1 per cent of posts to persons with disabilities whose status as workers is recognized, and the possibility under an interministerial order of 4 October 2017 for employers to receive funding for the adaptation of workstations, persons with disabilities continue to be discriminated against in the employment sector. That Committee is also concerned that there are no laws and policies to address the multiple and aggravated forms of discrimination experienced by women and girls with disabilities, and that persons with disabilities, through their representative organizations, are not consulted and actively involved in all decision-making processes affecting them (CRPD/C/DZA/CO/1, paragraphs 8 and 14). Given the observations of the Committee on the Rights of Persons with Disabilities, the Committee requests the Government to provide information on the measures taken to ensure effective equality of opportunity and treatment in employment and occupation in practice, in both the public and private sectors, between men and women with disabilities, and between workers with disabilities and other workers, including in relation to measures taken to provide reasonable accommodation. In particular, the Committee requests the Government to provide information on compliance with the 1 per cent quota, applicable for the employment of persons with disabilities in the private and public sectors. The Committee requests the Government to provide information on the measures taken to evaluate the vocational guidance services, vocational training, placement, employment and other associated services aimed at enabling persons with disabilities to obtain and maintain a job and to advance in their occupation. In addition, the Committee requests the Government to provide detailed and up-to-date information on the terms and conditions under which the representative employers’ and workers’ organizations are consulted and actively involved in all stages of decision-making processes that concern them.