Resigning in Algeria: resignation letter, notice period, final pay and work certificate

You found something better, you are leaving to study, you cannot take it any more: whatever the reason, resignation is a right recognised to every worker by Law 90-11 of 21 April 1990 on labour relations (article 68). But a badly handled resignation is expensive: notice not respected, leave not paid, a work certificate that never arrives, a gap in your CNAS record. This guide explains how to leave properly in the private sector, and what changes in the civil service.

Resignation: a right, but a procedure

Article 66 of Law 90-11 lists resignation among the normal causes for ending the employment relationship, and article 68 sets two conditions: the will to end the contract must be expressed in writing, and the employee leaves the post after a notice period. The employer can neither refuse your resignation nor keep you: it can only require the notice period to be worked. No reason is required and you owe nobody a justification. On the other hand, a resignation given orally, by SMS or by simply walking out is fragile: it is hard to prove, and it opens the door to being treated as job abandonment (see below).

The notice period: how long, and can you avoid it?

Law 90-11 does not itself set the length of the resignation notice period: it refers to the collective agreements, and failing that to the employment contract. The most common durations in Algeria are the following.

• The notice period is worked. You remain a full employee: same pay, same hours, same rights (accrued leave, CNAS). The employer cannot force you to take leave to « use up » your days in its place without your agreement.
• A waiver of notice is possible if the employer agrees: ask for it in writing and have it confirmed in writing. A waiver granted on the employer’s initiative does not entitle it to withhold the pay for the days not worked.
• Leaving without working the notice, with no written agreement, exposes you to a claim for compensation from the employer (the equivalent of the notice not worked, sometimes more if a loss is proven) and jeopardises your work certificate and references.
• Negotiate the starting point: notice runs from the receipt of the letter, not from the day you mentioned it to your manager. Hence the value of a dated acknowledgement of receipt.

The resignation letter: what to write, how to deliver it

One page is enough. The letter must be dated, signed, and make it possible to prove delivery. Algerian employers often ask for a handwritten version; a typed letter signed by hand is just as valid. Do not include complaints or reasons: the letter will be read by HR, by the labour inspectorate if there is a dispute, and perhaps by your next employer during a reference check.

1. 1

   Header

   Your surname, first name, position and hiring date; the company name and the addressee (management or HR); the city and the date.

2. 2

   Subject

   « Resignation » or « Notice of resignation ». Nothing else.

3. 3

   Body

   « I hereby inform you of my decision to resign from my position as [position], held since [date]. In accordance with [article X of the collective agreement / my contract], I will observe a notice period of [duration]; my last working day will therefore be [date]. » Add, if true: « I remain available to organise the handover. »

4. 4

   Request for documents

   « I would be grateful if you could hand me, at the end of my notice period, my work certificate, my detailed final settlement and a certificate of CNAS registration for the period worked. »

5. 5

   Closing and signature

   « Yours faithfully, » followed by a handwritten signature.

6. 6

   Delivery

   By hand against a signed receipt (a copy signed « received on … » by HR or the manager), by registered letter with acknowledgement of receipt, or by work e-mail with a read-receipt request. Keep a copy of everything.

The documents to collect on your last day

• The work certificate (article 67 of Law 90-11): mandatory, it states the hiring date, the end date and the positions held. It is often wrongly called an « attestation de travail »; that attestation is the document issued during the contract (for a bank, a visa, a loan).
• The final settlement: a written, itemised statement of what is paid to you (see below), handed over with the last transfer or cheque.
• Your last three pay slips at least, and any you are missing: they prove your salary for a future loan, pension or dispute. Read our guide to gross and net salary and IRG to check the line items.
• Proof of your CNAS registration: the employer must declare your departure (staff movement declaration); check a few weeks later, on the CNAS El Hanaa insured-person portal, that the whole period worked appears. A missing period is far easier to fix now than at retirement.
• A reference letter if relations are good: it does not replace the certificate but carries weight in a job interview.

The final settlement: what it must contain

Compare the statement with your pay slips before signing the receipt. If an amount is missing, sign while adding the words « subject to my rights » and dispute it in writing: signing a final-settlement receipt does not prevent you from later claiming what is not on it, but the wording saves you arguments.

Three common traps

Job abandonment is not resignation

Stopping coming to work without anything in writing is not resigning: it is an unjustified absence, which the employer treats as serious misconduct (article 73) after sending you formal notices. You risk a dismissal for misconduct, recorded as such in your file, the loss of your entitlements and a work certificate that drags on. Even if you have already left, send a dated resignation letter.

Forced resignation

A letter signed under threat (« sign or we dismiss you for misconduct »), after harassment or an imposed pay cut does not express a free will. It can be reclassified as unfair dismissal: gather the evidence (e-mails, witnesses, pay slips), refer the matter to the wilaya labour inspectorate for the mandatory conciliation (Law 90-04), then to the social chamber of the court. Deadlines are short: act within the following weeks. Our guide to employee rights details the remedies.

No unemployment benefit after a resignation

CNAC unemployment insurance covers employees dismissed for economic reasons; the ANEM unemployment allowance targets first-time job seekers who have never worked. Someone who resigns falls under neither scheme: plan your cash flow and, ideally, sign your next contract before resigning. See the conditions in the unemployment allowance guide.

Civil servants: the resignation must be accepted

For civil servants, Ordinance 06-03 of 15 July 2006 provides a different procedure. Resignation is a right (article 217), but it only takes effect after express acceptance by the appointing authority, which must decide within two months of the filing of the request; for the needs of the service, acceptance may be deferred by two months at most (article 218). In the meantime you must keep working: leaving before the decision is job abandonment, punished by removal from the service (article 219). Contract staff of the administration follow the rules of their contract and of the decree governing them.

Your departure timeline

1. D-60 to D-30: re-read your contract and the collective agreement (notice length, training or penalty clauses), count your accrued leave, secure your next position. Update your CV with our CV guide.
2. D-day: hand in the letter against a receipt or send it by registered mail; note the date of receipt, it starts the notice period.
3. During the notice period: work normally, prepare the handover (files, passwords, equipment), ask in writing for your leaving documents, sign nothing backdated.
4. Last day: return the equipment against a signed inventory, collect the work certificate and the final settlement, check the statement before signing.
5. D+30: check your CNAS period on El Hanaa, claim any missing document in writing; with no answer, the labour inspectorate.

Frequently asked questions

Official sources