Hire in Algeria

In Algerian, it is allowed to conclude an employment contract for a limited period of full-time or part-time in the cases provided for below:

• When the worker is employed to carry out work related to non-renewable contracts of works or services
• When it comes to succeeding a fixed worker in a position he or she was temporarily absent from, and the employee must keep the job position
• When it is required of the employing body to carry out periodic works of an intermittent nature
• When justified by increased work or seasonal reasons
• When it comes to activities or works of limited duration or temporary by nature

Fixed-term contracts must accurately show the duration of the employment relationship, and the reasons for the prescribed period.

There is no limit on the maximum length or the number of renewals regarding fixed-term contracts.

The probation period can be up to six months and this period can be increased to 12 months for highly qualified individuals.

During the trial period, the employee is entitled to the same rights and responsibilities as other employees in similar positions. Furthermore, this period will be considered in determining their seniority with the organization if they are officially hired at the end of the trial period.

Either party can terminate the employment relationship without compensation or prior notice during the probation period.

The normal working hours are 40 hours a week, divided into five working days. All employees are entitled to at least one day of rest per week. The normal weekly rest under normal working conditions is on Friday.

The working hours shall not exceed 12 hours per day in any case.

Overtime hours must not exceed 20% of the regular working hours.

If an employee is required to work additional hours, they are entitled to receive overtime pay that is at least 150% of their regular hourly wage. Additionally, if an employee must work on their scheduled day off, they must be given a replacement day off and compensated at a rate of 150% for the overtime worked.

An employer in Algeria can only terminate a contract for two reasons:

• Gross misconduct
• Economic Justification

Terminating fixed-term contracts before the end of their term will result in compensation for the remainder of the contract.

Termination for economic reasons in Algeria requires the employer to take the appropriate actions to limit the number of terminations, such as:

• Reduced working hours
• Implementation of part-time work
• Procedure for retiring personnel
• Transferring employees to other company sectors where they can develop (those who refuse will be provided a severance package)

Workers who are terminated for reasons other than grave misconduct are eligible for a designated leave period, the minimum duration of which is established through collective agreements or conventions. Throughout this leave period, the terminated employee is entitled to two hours per day of paid time, which can accumulate, for the purpose of seeking new employment opportunities in Algeria.

Alternatively, the employer can fulfill the obligation of providing the leave period by compensating the terminated employee with an amount equivalent to the total remuneration they would have received during the same timeframe.

In terms of redundancy allowances, the employer shall pay an amount equal to three months’ salary to any employee who is subject to downsizing and receives unemployment insurance benefits.

This payment is calculated based on the average gross monthly wage earned for the 12 months preceding the termination.

Employees who are terminated as part of a workforce reduction and are compensated by a job, or admission to retirement or early retirement, are not entitled to any compensation other than that due to them for paid leave.

Employees will not be compensated if they are terminated for gross misconduct.

The law mandates that employees shall be paid regularly and the wage shall not be lower than the national guaranteed minimum wage.

Algeria’s leave cycle runs from July 1 to June 30. The leave cycle begins on the first day of work for new employees. Employees are entitled to 2.5 days of annual leave every month, up to a maximum of 30 days per year of employment. Employees in the southern states shall be granted an additional 10 days of annual leave per year.

During the annual leave, no employment relationships may be suspended or terminated.

Following the occurrence of illness, the employee is authorized to suspend annual leave in order to benefit from sick leave and the rights associated with it.

Employees are entitled to 15 days of paid sick leave at half salary beginning on the first day of sick leave and at full salary beginning on the 16th day of illness or earlier if hospitalized.

Sick pay and the reimbursement of medical expenses are funded by the National Fund for Social Security, which is comprised of employer and employee contributions.

Maternity Leave

Female employees are entitled to a maximum of 14 weeks of fully paid maternity leave and they must stop working at least one week before their due date if they have worked the following hours:

• At least nine days or 60 hours in the three preceding months, or
• 36 days or 240 hours in the 12 months preceding the first medical recognition of pregnancy

A recognized doctor or qualified professional must have assisted with the birth in order to obtain maternity pay.

Paternity Leave

Male employees are entitled to three days of paid paternity (emergency) leave for the birth of a child.

Employees are entitled to three days of paid leave for the following family events:

• Marriage of the employee
• Birth of the employee’s child
• Circumcision of the employee’s child
• Marriage of the employee’s descendant
• Death of the employee’s immediate family member or blood relative
• Death of employee’s spouse

Once in their entire professional life, an employee is allowed to take 30 days’ paid leave to perform Hajj.

Typically, there are 11 public holidays annually in Algeria. Employees receive full pay on those public holidays.