activity, must pay the workers without any discrimination and the same must also apply to
work of equal value.
256. Workers are equal in terms of rights and duties. They have a right to be protected against
any form of discrimination except where it is based on their skills and professional
qualifications and merit. The legislation in force prohibits any form of discrimination in
accordance with the constitutional provisions. Workers enjoy the same pay and benefits for the
same work and equal qualification and output.
257. Furthermore, this same law stipulates that the signing of a collective agreement or
collective labour agreement, the provisions of which are likely to establish discrimination
among workers in the area of employment, remuneration or working conditions shall be liable
to fines42.
258. Regarding the fight against child labour: Algeria has deployed significant resources and
made great efforts to prevent and fight against child labour.
259. Law No. 90-11 mentioned above (Article 15) stipulates that “the minimum age required
for recruitment shall in no case be lower than sixteen years (16 years), except in cases of
apprenticeship contracts established in accordance with the relevant legislation and regulation
and that the minor worker can only be recruited upon presentation of an authorisation from
his legal guardian. He cannot be employed for dangerous and unhealthy jobs harmful to his
health or detrimental to his morality’’. Article 16 of Executive Decree No. 93-120 of 15 May
1993 on the organization of occupational health stipulates that apart from apprentices,
workers who are below 18 years of age are subjected to special medical surveillance.
260. Finally, Law No. 85-05 of 16 February 1985 on the protection and promotion of health
also introduced several provisions guaranteeing medical surveillance to the child at all stages of
his/her development.
42
Arts 17 and 142 of Law No. 90-11
42