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).