Fixed-term or permanent contract in Algeria: probation period, CDD renewal and reclassification as a CDI (law 90-11)

“We will give you a six-month contract, then we will see.” Thousands of candidates hear this sentence every month in Algeria. It is often sincere, sometimes illegal. Law no. 90-11 of 21 April 1990 on labour relations sets a simple rule: the permanent contract (CDI, contrat à durée indéterminée) is the norm, and the fixed-term contract (CDD, contrat à durée déterminée) is only allowed in limited situations, written in black and white in article 12. A CDD signed outside those cases is, by operation of law, a CDI. This guide explains what each contract means for you, how long a probation period may last, what happens when a CDD is renewed several times, and how to claim reclassification.

The permanent contract is the rule, the fixed-term contract the exception

Article 8 of law 90-11 states that the employment relationship arises from the contract, written or unwritten, and article 11 adds that this contract is deemed concluded for an indefinite duration unless otherwise provided in writing. In other words: if you work for an employer without any signed document, you are on a CDI. If you were asked to sign a CDD, it is up to the employer to prove that this CDD falls within one of the authorised cases. This is the opposite of what many believe: the CDD is not “the default contract for newcomers”, it is an exceptional contract that must be justified.

This rule applies to the private sector, to public economic enterprises and, more broadly, to every employer governed by law 90-11. Civil servants come under another text, ordinance no. 06-03 of 15 July 2006 on the general status of the civil service, which speaks not of CDD or CDI but of probationary appointment (stage), tenure (titularisation) and, for some jobs, contract agents. Your rights as an employee — working time, leave, minimum wage, CNAS social security — are the same under a CDD and a CDI.

The five cases where a fixed-term contract is allowed (article 12)

Article 12 of law 90-11 lists exhaustively the situations that authorise a fixed-term contract, full-time or part-time. In every case the contract must state the duration and the reason relied upon. A CDD “because it is simpler”, “to see if it works out” or “because everyone does it” fits none of the five boxes.

Since law 91-29, an article 12 bis tasks the labour inspector with checking that the CDD matches one of these cases and that its duration is consistent with the activity. If the inspector finds an abuse, a report is drawn up: the employer faces a fine per worker concerned, and above all the contract is reclassified.

The probation period: maximum length, rights and termination

The probation period is not a separate contract: it is the beginning of a CDI or a CDD, during which either party may end the employment relationship at any time, without notice or compensation (article 20). It cannot exceed six months; it may be extended to twelve months for highly qualified positions (article 18). The exact length, per category of position, is set by collective bargaining: look at your sector or company collective agreement, then at your contract.

• Same rights as confirmed staff. During probation you get the salary of the position, legal working hours, CNAS registration within 10 days of hiring, and leave that accrues (2.5 days per month). Once confirmed, the probation period counts towards your seniority (article 19).
• No “unpaid probation”, no one-week “observation internship” before the contract: it is work, so it means a salary and a registration. A probation period is negotiated like the salary: the shorter, the better for you.
• One probation per position. Extending probation beyond the legal maximum, or chaining a “trial” CDD then a CDI with a fresh probation for the same position, is not compliant: the law caps the duration, it does not provide for renewing probation.
• Termination during probation: in writing. The law requires no particular form, but a dated letter, handed over against a receipt, avoids any dispute over the end date, the last salary and the work certificate.

Renewing a CDD: what the law allows, what it penalises

Law 90-11 sets neither a maximum number of renewals nor a maximum total duration for a CDD. This silence leads many employers to believe a CDD can be renewed indefinitely. That is wrong: each renewal is a new CDD, which must in turn fall within one of the five cases of article 12 and state it. The judge and the labour inspector look at the reality of the position: if for two years, through successive CDDs, you have held a job that matches the normal and permanent activity of the company, the “workload peak” reason no longer holds, and the relationship is in fact a CDI.

• Lawful renewal: the replacement is extended because the holder is still absent; the contract with the client is renewed; a new season begins. Each time, an amendment or a new written contract stating the reason.
• Suspicious renewal: same position, same team, same payslip, but a “new” CDD every six months without a precise reason, or with the reason copy-pasted from the previous one.
• A few days’ break between two CDDs to “reset the counter”: this changes nothing about the permanent nature of the position and may actually prove the fraud.
• Keep everything: every contract, every amendment, your payslips, your CNAS certificates. These documents are how you prove the continuity of the employment relationship.

Reclassification as a CDI: when and how to obtain it

Article 14 is the heart of the protection: a contract concluded for a fixed term in breach of the provisions of the law is deemed a contract of indefinite duration. Reclassification is not a favour from the judge: it is automatic as soon as one of the conditions is missing — no written contract, no reason, a reason that fits no case, a duration unrelated to the reason, a disguised permanent position. In practice, here is how you get it recognised.

1. 1

   Gather the evidence

   All your CDDs and amendments, your payslips, your CNAS affiliation certificate, your schedules, e-mails or assignment orders showing that your position exists permanently. Note the exact start and end dates of each contract.

2. 2

   Write to the employer

   A registered letter (or one handed over against a receipt) requesting recognition of an employment relationship of indefinite duration under article 14, citing the contracts concerned. Many cases are settled at this stage, especially if the CDD is about to end and you are good at your job.

3. 3

   Refer the matter to the labour inspectorate

   The territorially competent labour inspector may check the company’s CDDs (article 12 bis) and attempt conciliation. The referral is free. It is also the mandatory step before court for an individual dispute (law no. 90-04 of 6 February 1990).

4. 4

   Go to the court, social division

   If conciliation fails, the court can declare the reclassification as a CDI. If in the meantime the employer ended the contract “at its term”, that ending is analysed as a dismissal: without serious misconduct or procedure, it is wrongful and gives a right to reinstatement or to compensation (article 73-4, at least six months’ salary).

5. 5

   Think about unemployment benefit

   If you lose your job in the meantime, check your rights: the end of a CDD opens different rights from a resignation, and a recognised wrongful dismissal does not take them away.

End of contract: your rights under a CDD and a CDI

Article 66 of law 90-11 lists the grounds for ending the employment relationship: the expiry of a CDD is one of them, alongside resignation, dismissal and retirement. Unlike French law, Algerian law provides no end-of-contract bonus (the so-called precarity bonus) at the expiry of a valid CDD. The other rights are identical.

If you leave of your own accord before the end of a CDD, read our guide on resignation and notice first: a written and signed mutual termination spares you a claim for damages from the employer.

Employers: drafting a CDD that holds up, or choosing the CDI

On the recruiter’s side, the badly drafted CDD is one of the most frequent risks in a labour inspection, and one of the easiest to avoid. The rules are few: a written contract, a reason that falls within article 12, a duration consistent with that reason, and a renewal justified every time. For a permanent position, a CDI with a three- to six-month probation protects the company better than a contestable CDD: termination during probation is free, without notice or compensation.

• State the precise reason: “replacement of Ms X, on maternity leave from … to …”, “workload peak linked to the … campaign”, not “6-month renewable CDD”.
• Align the duration with the reason: a replacement lasts as long as the absence; a service lasts as long as the contract. An imprecise term (“end of assignment”) is admissible if the reason justifies it, but write a minimum duration.
• Register with CNAS within 10 days, CDD and CDI alike, and post the vacancy with ANEM: under law no. 04-19 of 25 December 2004 the employer declares vacant positions to the agency.
• Follow the collective agreement on probation, notice and severance: it binds the contract.
• Hand over the work certificate on the day of departure (article 67) and settle leave and bonuses: a former employee waiting for their papers ends up at the labour inspectorate.

Frequently asked questions