Private-sector employment is governed by law No. 90-11 of 21 April 1990, completed by collective agreements and each company’s internal rules. This guide summarises the rules that concern everyone: from day one (contract, probation) to the last (resignation, dismissal), through working time, leave and pay.
The employment contract
- Written or not? The contract may be written or verbal, but without writing it is presumed permanent (article 11). A fixed-term contract must be written, with its reason and duration.
- Fixed-term: limited cases (article 12): work tied to a non-renewable contract, replacement of an absent employee, periodic work, temporary increase in activity, seasonal activities. Outside those cases the contract is requalified as permanent.
- Useful clauses: position and grade, workplace, duration, probation, pay (base, bonuses, allowances), working time. Always ask for a signed copy.
- CNAS declaration: the employer must declare you from hiring. Check your periods on the insured-person portal (El Hanaa). An undeclared employee has no rights in case of accident or illness.
Probation
It lasts at most 6 months, extended to 12 months for highly qualified positions (article 18). During probation you have the same rights as a confirmed employee: pay at least equal to the SNMG, CNAS declaration, leave accrued pro rata. Only termination is simplified: either party may end it without notice or compensation. The duration must appear in the contract; an “extension” beyond the legal maximum is void.
Working time, overtime, rest
| Rule | What the law says |
|---|---|
| Legal duration | 40 hours a week, over at least 5 days |
| Overtime | Exceptional, limited, and paid with a premium of at least 50% (article 32). It must appear on the payslip. |
| Weekly rest | At least one day, Friday as a rule; the legal weekend is Friday–Saturday |
| Public holidays | Paid days off (national and religious holidays set by law) |
| Night work | Between 9 pm and 5 am; forbidden for minors; compensation set by collective agreements |
| Break | A mandatory interruption in the working day (length set by internal rules) |
Leave: annual, sick, maternity
- Annual leave: 2.5 days per month worked, i.e. 30 calendar days a year (article 41), more in the Southern wilayas. Paid on the average remuneration. It cannot be replaced by money, except at the end of the contract.
- Sick leave: daily allowances paid by CNAS on presentation of the medical certificate (50% then 100% of the reference salary depending on duration), if you are declared.
- Maternity leave: 14 weeks compensated at 100% by CNAS. The employer cannot dismiss an employee during this leave.
- Paid authorised absences: family events (marriage, birth, death), exams, civic duties, within the limits set by the collective agreement (usually 3 days per event).
Pay: what is guaranteed
Pay cannot be below the SNMG (DZD 20,000 gross). It is paid monthly, with a payslip detailing gross, contributions, IRG and net. Repeated late payment and deductions not provided by law are offences. To understand every line, see the gross-to-net guide.
Resigning by the book
- 1
Resignation is a right
It must be written (article 68). Date, sign, keep a copy and proof of delivery (receipt, e-mail, registered mail).
- 2
Respect the notice period
Its length is set by the collective agreement or the contract — usually one to three months depending on the position. During notice you work and are paid normally. The employer may waive it in writing.
- 3
Collect your documents
At the end: work certificate (mandatory, article 67), final settlement (remaining salary, untaken leave, bonuses due), work attestation for CNAS. Sign the settlement only if it is correct.
Dismissal: the two cases
- Disciplinary dismissal: only for gross misconduct listed by law (article 73: refusing safety-related instructions, disclosing information, violence, repeated unjustified absences, drunkenness…) or by internal rules, after a procedure: hearing of the employee, written reasoned notification. A dismissal without procedure is abusive and entitles to reinstatement or compensation set by the judge.
- Economic dismissal (staff reduction): regulated, with consultation of staff representatives, order of priority, and severance pay computed on seniority.
- In every case: work certificate, final settlement, CNAS attestation for unemployment benefits.
When things go wrong: remedies
- Write to the employer (letter or e-mail) to request regularisation: unpaid salary, CNAS declaration, work certificate.
- Refer to the wilaya’s labour inspectorate: it summons the employer for a mandatory conciliation attempt (law 90-04). It is free.
- Without agreement, the non-conciliation report lets you bring the case before the social section of the court. Deadlines are short: act fast.
- For unpaid CNAS contributions, CNAS itself can pursue the employer.
Frequently asked questions
I have no written contract: do I have rights?
Yes. Without writing, you are presumed permanent. Your payslips, CNAS declaration, e-mails and witnesses prove the employment relationship.
My employer does not declare me to CNAS: what can I do?
Ask in writing, then refer to the labour inspectorate and CNAS. Non-declaration is an offence and deprives you of all cover.
Can unpaid overtime be imposed on me?
No. Overtime is exceptional, limited and paid with a premium of at least 50%. It must appear on the payslip.
How many days of notice when resigning?
The law refers to the collective agreement and the contract: usually one to three months. Check your contract and the internal rules.
Can I be dismissed during sick leave or maternity leave?
The contract is suspended during those periods and an employee on maternity leave is protected. A dismissal during suspension can be challenged before the labour inspectorate and the court.
Am I entitled to unemployment benefits after dismissal?
The unemployment-insurance scheme (CNAC) covers declared employees dismissed for economic reasons, subject to affiliation conditions. The ANEM unemployment allowance targets first-time job seekers: see the unemployment allowance guide.
Official sources
- Law No. 90-11 of 21 April 1990 on labour relations — Official Journal
- Law No. 90-04 of 6 February 1990 on the settlement of individual labour disputes
- Ministry of Labour, Employment and Social Security — labour inspectorate
- CNAS — El Hanaa insured-person portal
Texts consulted at the update date of the article.