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Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Algeria (Ratification: 1962)

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Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 99 (minimum wage – agriculture) and 95 (protection of wages) together.

Preliminary draft Bill issuing the Labour Code. The Committee notes the preliminary draft Bill of October 2015 issuing the Labour Code, transmitted by the Government. It notes with interest that the text contains several draft provisions that respond to the requests of the Committee regarding Conventions Nos 99 and 95. It notes in particular that: (i) the proposed section 259 increases the fines imposed for the non-payment of minimum wages (Article 4 of Convention No. 99); (ii) the proposed section 128 provides that employers shall be prohibited from limiting in any manner the freedom of workers to dispose of their wages (Article 6 of Convention No. 95); and (iii) the proposed section 127 strengthens the protection of wages when they are paid in cash (Article 13(1) of Convention No. 95). The Committee hopes that the legislative reform under way will soon be finalized and that the progress contained in the text of October 2015 on wages will be established in law. It requests the Government to provide information in this regard.

Minimum wage

Articles 3(2) and (3), and 5 of Convention No. 99. Participation of social partners. The Committee notes the information provided by the Government in its report in reply to the Committee’s previous requests on the participation of the social partners in the fixing of minimum wage and the methods of the application of the minimum wage-fixing machinery.

Protection of wages

Article 2 of Convention No. 95. Protection of public servants’ wages. In its previous comments, the Committee observed that neither Ordinance No. 06-03 of 15 July 2006 issuing the General Public Service Regulations nor Presidential Decree No. 07-304 of 29 September 2007 establishing the salary scale and remuneration system for public servants contains specific provisions on the protection of public servants’ wages. The Committee notes that section 8 of the draft Bill issuing the Labour Code provides that legal provisions do not apply to public servants and contractual employees in public institutions and administrations of the State, wilayas and communes, or to the staff of public administrative establishments which are governed by specific texts, with the exception of provisions relating to the exercise of the right to organize, the prevention and settlement of labour disputes, community service activities and those referred to explicitly in the legislation. The Committee invites the Government to examine the possibility of adding provisions on wage protection to the list of provisions in the draft Bill that apply to public servants and contractual employees in public institutions and administrations of the State, wilayas and communes, and to the staff of public administrative establishments. The Committee requests the Government to provide information in this regard.

Article 12. Intervals for the payment of wages. The Committee notes the information provided in the Government’s report in reply to its previous requests with regard to the payment of wage arrears, particularly in the national education sector.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(2) and (3) of the Convention. Minimum wage fixing machinery and consultation of the social partners. The Committee notes Presidential Decrees Nos 06-395 of 12 November 2006 and 09-416 of 16 December 2009, which successively increased the amount of the national guaranteed minimum wage (SNMG) to 12,000 dinars a month (around US$165) on 1 January 2007, then to 15,000 dinars a month (around US$207) on 1 January 2010. It understands that a tripartite committee met prior to each adjustment to discuss, among other matters, the increase in the rate of the SNMG. The Committee therefore requests the Government to indicate the exact composition and role of this tripartite committee, including detailed information on the manner in which the Government ensures that the representative organizations of employers and workers participate in equal numbers and on an equal footing in the application of the minimum wage fixing machinery. It also requests the Government to provide a copy of any relevant legislative or other texts in this respect.

Article 4. System of supervision and sanctions. In its previous comments, the Committee observed that the penal provisions set out in section 149 of Act No. 90-11 of 21 April 1990 in cases of failure to comply with the legislation on minimum wages may not have the intended dissuasive effect in view of the low level of the pecuniary sanctions envisaged and the absence of proportionate adjustment to the rate of the SNMG. As the Government’s report does not contain any information on this point, the Committee once again draws the Government’s attention to the need to set the amount of fines at a level that is such as to prevent abuses and encourage employers to apply the SNMG to their workers. It requests the Government to take the necessary measures to ensure that the minimum wage legislation is accompanied by appropriate financial sanctions and to keep the Office informed of any progress achieved in this respect.

Article 5. Methods of application of the minimum wage fixing machinery. The Committee notes that, under the terms of section 87 of Act No. 90-11 of 21 April 1990 concerning labour relations, account is taken in the determination of the rate of the SNMG of fluctuations in the following economic indicators: average national productivity, the consumer price index and the general economic situation. The Committee wishes to draw the Government’s attention to the need to maintain a close correlation between fluctuations in the cost of living and the rate of the SNMG with a view to maintaining the purchasing power of agricultural workers and ensuring them and their families a suitable standard of living. In this respect, it recalls that, in accordance with Paragraph 2 of the Minimum Wage-Fixing Machinery (Agriculture) Recommendation, 1951 (No. 89), the factors which should be taken into consideration in the fixing of minimum wage rates are the following: the cost of living, fair and reasonable value of services rendered, wages paid for similar or comparable work under collective bargaining agreements in agriculture, and the general level of wages for work of a comparable skill in other industries in the area where the workers are sufficiently organized. It therefore requests the Government to indicate the manner in which it is ensured that the level of the minimum wage takes duly into account the real needs of workers and their families, with reference for example to the household basket. The Committee also understands that the National Labour Institute (INT) has carried out a survey of the level of Algerian wages in relation to those of consumer prices. It would be particularly interested in receiving a copy of this survey, and of any other studies providing a basis for assessing the relevance of the SNMG in light of the living conditions of agricultural workers and their families.

Part V of the report form. Application in practice. The Committee requests the Government to provide information in its next report on the application of the Convention in practice, and particularly statistics on the number of workers employed in agriculture who are paid at the rate of the SNMG and extracts from the reports of the inspection services containing information on the number of violations reported and the measures taken to bring them to an end, as well as any official documents or studies addressing issues of wage policy which would provide a basis for assessing the manner in which the Convention is applied.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body in relation to the pertinence of the Convention, based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Convention No. 99 is among those instruments which may not be fully up to date, but which remain relevant in certain respects. For this reason, the Committee suggests that the Government might examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain progress in relation to the earlier instruments on minimum wage fixing, for example by being broader in scope, providing for the establishment of a generalized minimum wage system and, finally, adopting certain criteria for the determination of minimum wage rates. The ratification of Convention No. 131 would appear to be all the more desirable as the national legislation establishes a minimum wage applicable to all workers, and not only agricultural workers. The Committee requests the Government to keep the Office informed of any decision adopted or envisaged in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and wishes to draw its attention to the following points.

Article 3, paragraphs 2 and 3, of the Convention. The Committee recalls its previous comments in which it requested the Government to indicate the legal provisions which ensured the participation in the determination of the minimum wage of occupational associations of workers and employers in equal numbers and on equal terms. In its reply, the Government refers to section 39 of Act No. 90-14 of 2 June 1990, as amended, on the modalities of the exercise of union rights. The Committee notes, however, that although this provision concerns the tripartite composition of different consultative bodies, it is not directly relevant to the Convention as it makes no reference to a minimum wage fixing machinery. The Committee therefore asks, once more, the Government to provide further clarification on this point, in particular, as regards the institutional framework, if any, and the practical arrangements for tripartite consultation with a view to fixing the national minimum guaranteed wage (SNMG).

Article 4, paragraph 1, and Part V of the report form. The Committee notes the Government’s indication that the maximum fine provided for infringement of the national minimum wage has been raised from 2,000 dinar to 5,000 dinar (approximately US$68.4). It also notes that, by Presidential Decree No. 03-467 of 2 December 2003, the SNMG has been increased to 10,000 dinar per month as from 1 January 2004. As the Committee observed in its previous comment, the pecuniary sanctions for paying wages at sub-minimum rate may not be sufficiently dissuasive especially if they are not adjusted proportionately with the periodic increases of the national minimum wage. The Committee considers that a monetary fine that represents only a small fraction of the amount of the wages due is unlikely to prevent abuses in respect of workers’ wages and ensure compliance with the minimum wage legislation.

Finally, the Committee would be grateful if the Government would continue providing information on the practical application of the Convention, including, for instance, statistics on the number of agricultural workers remunerated at the SNMG rate, or the evolution of the national minimum wage in recent years as compared to the evolution of economic indicators, such as the inflation rate, in the same period, extracts from inspection reports and any other particulars which would enable the Committee to better assess the progress achieved or the difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the report provided by the Government.

Article 3, paragraphs 2 and 3, of the Convention. The Committee notes that the Government states once again that consultations with the occupational associations of workers and employers are held on a basis of absolute equality between them without any distinction whatsoever. It also notes that section 87 of Act No. 90-11 of 24 April 1990 respecting industrial relations, as amended and supplemented, does not contain provisions relating to the organization and operation of such consultation through tripartite meetings, for example in relation to their composition, competence or frequency. The Committee would therefore be grateful to receive further information concerning the practical arrangements for the holding of consultations to fix minimum wages, as well as on the functioning of tripartite meetings, including, for example, a copy of the communiqué issued by the most recent tripartite meeting. The Committee would also be grateful if the Government would indicate the provisions in laws or regulations which ensure the participation in these tripartite meetings of representatives of employers and workers in equal numbers and on equal terms.

Article 4, paragraph 1, and Part V of the report form. The Committee notes that, under section 149 of Act No. 90-11 of 24 April 1990 respecting industrial relations, as amended and supplemented, any employer who pays a worker a wage lower than the national minimum guaranteed wage shall be liable to a fine of between 1,000 and 2,000 DA, multiplied by the number of contraventions. The Committee notes that the level of the fine established corresponds to one-eighth and one-fourth respectively, of the national minimum guaranteed wage in force. It wonders whether these amounts, the value of which has undoubtedly been significantly eroded by the monetary devaluations of the past decade, are still sufficiently punitive to dissuade employers against non-compliance with minimum wage provisions and it requests the Government to provide information in this respect. The Committee also asks the Government to provide fuller information on the operation of the system of supervision and sanctions by providing, for example, extracts of the reports of the labour inspection services indicating the number of violations reported of the national minimum guaranteed wage and the measures taken to penalize such violations.

Article 5. The Committee notes from the Government’s report that the national minimum guaranteed wage is currently set at 8,000 DA a month. It requests the Government to indicate the date on which the minimum wage was increased most recently and to provide a copy of the relevant legal texts.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's report in reply to its previous comments.

Article 3, paragraphs 2 and 3, of the Convention. The Committee notes the Government's statement that adjustments to the guaranteed national minimum wage (SNMG) have on each occasion been preceded by consultations with the representatives of the Government, workers' organizations and the most representative employers' organizations in both the public and the private sectors.

The Committee once again requests the Government to indicate the extent to which the representation of employers and workers is ensured on a basis of complete equality in the framework of the determination of the SNMG.

Article 5 and point V of the report form. The Committee notes the Government's statement that the concept of a minimum wage in agriculture no longer exists in the country since the establishment of a guaranteed national minimum wage to replace the guaranteed minimum agricultural wage (SMAG) and the guaranteed minimum interoccupational wage (SMIG). It requests the Government to supply general information on the manner in which the Convention is applied in the agricultural sector, including for instance: (i) the current SNMG; (ii) the statistical data available on the number and categories of workers covered by minimum wage regulations; and (iii) the results of inspections carried out (including the violations reported, penalties imposed, etc.).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 3 of the Convention. The Committee notes with interest that section 87 of Act No. 90-11 of 21 April 1990 concerning labour relations provides that the guaranteed national minimum wage (SNMG) should be fixed after consultation with the most representative associations of employers and workers. It asks the Government to indicate the measures taken to ensure that such consultations are conducted on a basis of complete equality in accordance with the provisions of this Article.

Article 5. The Committee notes the information supplied by the Government concerning the revision of the SNMG by decrees. It asks the Government to continue to provide the information required under this Article.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 3 of the Convention. Further to its previous comments, the Committee notes that employers' and workers' organsiations are consulted in connection with fixing minimum wages, within the framework of the bodies responsible for the implementation of the Conditions of Employment (SGT), the ministerial commission of the SGT and of its limited technical committee.

Article 5. The Committee also notes the information communicated by the Government on the number of workers employed in the agricultural sector. It also notes that agricultural workers are covered by the national guaranteed minimum wage (SMNG) under Decree No. 79-302 of 31 December 1979. The Committee notes from the information communicated by the Government in its previous report that the most recent information on raising the minimum wage dates from 1980; it requests the Government to send with its next report information on the latest increase in minimum wages.