Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Other comments on C098

Observation

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The Committee notes the observations received on 30 September 2020 from the Trade Union Confederation of Productive Workers (COSYFOP), supported by Public Services International (PSI), the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF), and IndustriALL Global Union (IndustriALL). As it has not received any supplementary information from the Government, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal in 2019, as well as the observations of COSYFOP (see Articles 1 and 2 of the Convention below).

Articles 1 and 2 of the Convention. Adequate protection against acts of anti union discrimination and interference. The Committee notes the observations denouncing discrimination against trade union leaders and members, received between 2017 and 2019, from the International Trade Union Confederation (ITUC), the Autonomous National Union of Electricity and Gas Workers (SNATEG), and COSYFOP. The Committee notes that this issue has also been addressed repeatedly by the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee) during its discussion of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), (discussions held in June 2017, June 2018 and June 2019), which has consistently requested the Government to report on the situation of trade union leaders and members who have been the victims of anti union dismissal. The Committee further notes that the Committee on Freedom of Association has examined several cases relating to the harassment and dismissal of trade union leaders and members, as indicated in the observations of the trade union organizations. The Committee notes that, within the framework of the recommendations made by the Conference Committee in June 2018, a high level mission visited Algiers in May 2019 and was able to gather information on the spot relating to the situation of the dismissed trade unionists. Finally, the Committee notes that the Government has regularly provided information in response to the observations received from the trade union organizations, as well as in response to the recommendations made by the Conference Committee.

The Committee recalls that in 2016 the ITUC and the CGATA provided observations on acts of anti-union discrimination against trade union leaders and the dismissal of trade union members following social protests in enterprises in various sectors and in the public sector (justice, postal services, public health, the national water agency). In this regard, it notes the information provided by the Government on the measures taken for the reinstatement of the workers dismissed in the public administration. The Committee notes that certain trade union leaders have still not been reinstated, in certain cases despite court rulings in their favour. The Committee therefore requests the Government to ensure, on the one hand, the immediate implementation of all court decisions ordering the reinstatement of trade union leaders and trade unionists in the public administration and on the other hand, to continue to provide information on other dismissed trade union leaders and trade unionists whose situation has not yet been resolved.

The Committee notes that the observations received from trade unions since 2017 relate largely to the mass dismissal of the members of SNATEG by an enterprise in the gas sector and interference in the activities of the union. The Government has provided information on the situation of the dismissed trade unionists, recently reporting measures for the reinstatement of most of the workers concerned, situations that are in the process of being resolved and dismissals that have been confirmed on the grounds of serious faults in the case of certain workers. In this regard, the Committee recalls that SNATEG has lodged a complaint with the Committee on Freedom of Association (CFA) and that the high-level mission gathered updated information in the field on the case from both the Government and trade union representatives. On this basis, the CFA once again issued an opinion on the merits of the case in its meeting in October 2020 and made recommendations calling on the Government to take the necessary measures to give effect, without further delay, to the court rulings and decisions of the Labour Inspectorate concerning the reinstatement of members of SNATEG, and to provide information on the allegations that the majority of the workers reinstated into the enterprise were obliged to give up their membership of SNATEG and to join another trade union within the enterprise (see 392nd Report of the CFA, Case No. 3210, October 2020). The Committee requests the Government to indicate the measures taken to follow up on the recommendations of the CFA and in particular those concerning the trade union leaders of SNATEG who have still not been reinstated.

The Committee notes the observations of COSYFOP on acts of discrimination against its members since the recent renewal of its executive body. The Committee notes that in May 2019 the high-level mission met the representatives of COSYFOP, who provided information on the harassment of its leaders, and particularly Mr Raouf Mellal, Mr Ben Zein Slimane and Mr Abdelkader Kouafi, and intimidation at work against Ms Haddad Racheda and Ms Sarah Ben Maich, which led to the latter giving up their trade union functions. The Committee also notes that Mr Mellal was subjected to physical violence during his detention as a result of his trade union activities and is regularly the subject of intimidation and abusive detention. In addition, the Committee notes that COSYFOP denounces the following measures of discrimination and interference against affiliated trade union organizations: (i) the dismissal in October 2019 of 17 leaders and members of the National Union of Workers of BATIMETAL-COSYFOP, and the threat by the enterprise not to reinstate them unless they leave the union. The reinstatement of the union delegates by the enterprise was effective only after they had left the union, and it was revealed that one of these former delegates has been, since February 2020, an office member of an union constituted by anti-union interference; (ii) threats of dismissal and criminal prosecution against members of the Workers' Union of the Commission for Electricity and Gas Regulation (STCREG); (iii) the dismissal of all the leaders of the National Union of the Higher Institute of Management and the refusal of the Labour Inspectorate to enforce the provisions for the protection of trade union delegates under section 56 of Act No. 90-14 on the terms and conditions of the exercise of the right to organize; and (iv) the circular of the Secretary General of the Ministry of Labour, inciting all the Social Solidarity Funds to dismiss all the members of the National Federation of Workers of the social security funds affiliated to COSYFOP, which led to the judicial harassment and dismissal of the President of the Federation, who had resigned from COSYFOP shortly after being reinstated in January 2020. The Committee notes with concern the seriousness of the allegations and urges the Government to take all the necessary measures to ensure that the competent authorities conduct the necessary investigations into acts of anti-union discrimination against the members of COSYFOP and its affiliated trade union organizations. The Committee expects the Government to take corrective measures to re-establish the rights of workers who are victims of anti-union discrimination and to obtain the cessation without delay of interference by employers and administrative authorities in the exercise of freedom of association. The Committee urges the Government to provide its comments and detailed information on this subject.

Revision of the legislation. With regard, in general, to the need to provide adequate protection to trade union leaders and members against acts of anti union discrimination, the Committee refers to the concerns expressed by the high level mission concerning delays in complying with court rulings ordering the reinstatement of trade union leaders, which have still not been given effect, and the excessive use of judicial action in relation to the respective procedures. The Committee also notes that the high-level mission identified difficulties in the application of Article 1 of the Convention to the founding members of unions. According to the high-level mission, 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 Committee urges the Government to engage without delay, in consultation with the social partners, in an in-depth review of the whole of the legal framework and of practice in relation to protection against anti-union discrimination, with a view to the adoption of the necessary measures to ensure adequate protection to trade union leaders and members during the period when the union that has been established is applying for registration. It requests the Government to report any progress achieved in this respect, and trusts that the Government will avail itself of the technical assistance of the Office for this purpose.

Application of the Convention in practice. The Committee notes the statistics provided on the number of collective agreements registered by the Labour Inspectorate between 1990 and 2019, as well as the number of workers covered. The Committee invites the Government to continue providing any available statistics on the number of collective agreements registered and, where possible, to indicate the sectors and number of workers covered.

[The Government is asked to reply in full to the present comments in 2021.]