261. Concerning the protection of women, women enjoy the same rights and are subjected to
the same obligations as men in the area of: education, recruitment, training, trade union
activity, the various mechanisms for entry into employment, etc.
262. Female workers also enjoy maternity leave without prejudice to such leave during
antenatal and post-natal periods. They may also enjoy facilities according to the conditions
determined under the rules of procedure of the hiring organization. On the other hand, Article
29 of the same law stipulates that: “It is prohibited for the employer to use female employees
for night duties. Special derogations may however be granted by the competent labour inspector
who has jurisdiction over the area where the nature of the activities and the specificities of the
duty post justify such derogations”.
263. Concerning the protection of persons with disabilities: In the labour domain, Article
16 of Law No. 90-11 supra states that hiring organizations shall reserve certain duties for
persons with disabilities. Law No. 02-09 of 8 May 2002, on the protection and promotion of
persons with disabilities states in Article 27 that “every employer shall set aside, at least 1% of
positions for handicapped persons whose quality as a worker is recognized”. On the contrary,
the employer is duty bound to make a financial contribution into a special fund designed to
finance activities for the protection and promotion of handicapped persons.
264. Common provisions applicable to women and minors: Article 28 of Law No. 90-11
supra provides that “workers of either gender under the age of 19 years cannot take up a night
duty”.
265. Common provisions applicable to women, handicapped persons and to minors:
Additionally, Law No. 88-07 of 26 January 1988 on hygiene, safety and occupational medicine
establishes in Article 11 that ���the hiring organization shall ensure that tasks assigned to women,
minor workers and handicapped persons do not require an effort in excess of their strength”.
266. Concerning penalties: Furthermore, in the event of violations of the relevant labour
legislation and regulations on:
- recruitment of juvenile workers who have not yet attained the age provided for by
law, apart from an apprenticeship contract established in accordance with the
legislation and regulations in force, the offender shall be liable to a fine of between
1000 and 2000 DA. In case of a repeated offence, a term of imprisonment of between
15 days to 2 months may be pronounced without prejudice to a fine which may reach
double of the fine laid down in the preceding paragraph (Art 140).
conditions of employment of young workers and women, the offender shall be
punished with a fine of between 2.000 and 4.000 DA applicable as many times as
violations are established (Art 141).
signing of a collective agreement or collective bargaining agreement, the
provisions of which are likely to establish discrimination among workers in the area of
employment, remuneration or working conditions; the signatory shall be liable to a
fine of between 2.000 and 5.000 DA (Art 142).
women and young people working at night, the offender shall be liable to a
fine of between 500 and 1.000 DA, applicable to each of the violations identified and
as many as there would be such workers.
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