Wages in the Algerian Labor Law
GUARANTEED NATIONAL MINIMUM WAGE IN ALGERIA:
the minimum national wage guaranteed by law is determined
and its value is determined by regulation, which is applied not only in enterprises,
whatever the sector of activity to which they belong, but also in the public
service sector, which is a component of the national wage policy.
in determining the guaranteed national minimum wage, the
following shall be taken into account:
· - average national productivity recorded,
· - consumer price indexes,
. -general economic conditions.
the elements constituting its content have been classified
in article 2 of executive decree no. 15-59 of 18 rabi 'thani 1436 corresponding
to february 8, 2015, specifying the elements forming the guaranteed national
minimum wage.
article 2: “the guaranteed national minimum wage shall
include the basic wage, allowances and indemnities of any nature except those
relating to:
. - compensation paid to pay the expenses borne by the worker.
· - professional experience or any compensation entitled
seniority.
· -organization of work in respect of rotational work and
overtime.
· -isolation.
. - cost-effectiveness, motivation or participation in results
of an individual or collective nature.
as a reminder, the guaranteed national minimum wage
established by ordinance no. 74-2 of 16 january 1974 was referred to in 1963 as
the “guaranteed minimum wage between occupations”. the following successive
revaluations have been identified:
➘ 1970: 1.36 dz / hour.
➘ 1974: 08 dz / hour.
➘ 1976: 460 dz / month.
➘ 01/01/1990: 1.000 dzd.
➘ 01/01/1991: 1.800 dzd.
➘ 01/07/1991: 2,000 dzd.
➘ 01/04/1992: 2.500 dzd.
➘ 01/01/1994: 4.000 dzd.
➘ 01/03/1997: 4.000 dzd.
➘ 01/05/1997: 4.800 dzd.
➘ 01/01/1998: 5.400 dzd.
➘ 01/09/1998: 6,000 dzd
➘ 01/01/2001: 8,000 dzd
➘ 01/01/2004: 10.000 dzd.
➘ 01/01/2007: 12.000 dzd.
➘ 01/01/2010: 15.000 dzd.
➘ 01/01/2012: 18.000 dzd.
PENALTIES:
order no. 15-01 of 23 july 2015, containing the
supplementary finance act of 2015, has increased the penalties for violation of
labor legislation in the area of payment of wages below the value of the
guaranteed national minimum wage, rising from 1000 to 2000 dzd to 10,000 dzd;
20,000 dz (official gazette of the republic of algeria no. 40-2015).
“any employer who pays a worker less than the guaranteed
national minimum wage or the minimum wage specified in a collective labor
agreement or agreement shall be punished by a fine ranging from 10,000 dzd to
20,000 dzd without prejudice to the other provisions of the applicable
legislation, and the penalty shall be doubled according to the number of
violations.
in the case of recidivism, the fine shall range from dzd
20,000 to dzd 50,000 and shall be doubled according to the number of workers
concerned ”(art. 149 of amended law no. 90-11).
WAGE GUARANTEES:
- every employee must ensure equal pay for workers for every
work of equal value without any discrimination.
- wages are determined in purely monetary terms and paid
through purely monetary means.
- the amount of the wage and all elements of the label shall
be included in the periodic wage voucher prepared by the user
- employees must pay each worker regularly when they are
due,
preference shall be given to the payment of wages and their
precedence over all other debts, including treasury and social security debts,
whatever the nature, validity and form of the employment relationship.
- the wages incurred by the employee cannot be challenged
and cannot be withheld or deducted for whatever reason so that the workers who
are entitled to them are not harmed.
the content of the salary of the worker is defined in the
definition of wage, which consists of the basic wage and the grants associated
with particular seniority and some working conditions as well as those
associated with productivity and work results. wages are also determined by
collective bargaining between the employee and the most representative trade
union organizations.
SENIOR MANAGEMENT FEES:
is framed by the provisions of circular no. 001 of 30 august
2015, which contains the methods of determining the wages of tires run in
non-independent public institutions (public institutions of an industrial and
commercial nature and research and development centers).
