The African Charter on the Rights and Welfare of the Child adopted in Addis
Ababa in July 199041.
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Regarding national laws and regulations:
252. In the area of discrimination in respect of the enjoyment of rights and freedoms, Law
No. 90-11 of 21 April 1990 concerning labour relations stipulates that: “any provision laid down
under a Convention or collective agreement or a labour contract likely to establish any discrimination
whatsoever among workers in the area of employment, remuneration or working conditions, based
on (age, gender, social or matrimonial status, family relations, affiliation or not, to a trade union shall
be void and without any effect” (Art 17 of the Law);
253. Concerning the inviolability of the human person in the area of employment, Law No.
90-11 cited supra establishes the fundamental rights of workers particularly in Articles 5 and 6
which stipulate that:
-
Article 5: “Workers shall enjoy the following fundamental rights:
-
exercise the right to organize trade unions,
collective bargaining,
participation in employers’ associations,
social security and retirement,
hygiene, safety and occupational health-care,
rest,
participation in the prevention and settlement of collective labour disputes,
right to use strike action”.
Article 6: “Within the framework of labour relations, workers also have the
right to:
-
effective occupation,
- the respect of their physical and emotional integrity and their dignity,
- protection against any discrimination to fill a position other than one based
on their competence and merit ,
- professional training and promotion at work, regular payment of remuneration due
them,
- social services,
all benefits from specific work contracts.
254. Concerning freedom of association, Law No. 90-14 of 2 June 1990 on the procedures
for exercising freedom of association states that:
Article 2: “salaried workers, on the one hand, and employers on the other
hand, of the same professions, branches or sectors have the right to form trade
unions and to defend their material and moral interests”.
Article 3: in this regard “salaried workers on the one hand, and employers on the
other hand, shall have the right to establish a trade union or to freely and voluntarily
join existing organizations subject only to complying with the relevant legislation and
the statutes of those organizations” (Art 10-1 of the Charter).
255. Regarding non-discrimination in wages: To ensure comprehensiveness, it is necessary to
recall that the Algerian labour legislation draws inspiration from International Labour Conventions
which our country has ratified.
On the issue of discrimination and equal remuneration, Algeria has ratified 59 conventions
including eight fundamental Conventions among which are Convention No. 100 on equal
remuneration and No. 111 on discrimination (employment and profession). The relevant legal
provisions on remuneration clearly stipulate that all employers operating in the national territory
(including all the legal sectors: public, private sector, foreign private sector...) of all sectors of
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