Legal Frameworks and Prescribed Penalties for the Employment of Foreign Workers in Algeria: An Analytical Study

DOI:https://doi-0004.org/6812/17935488661962

First Author: Benamar Abdelmounir
bewahid74@gmail.com

Second Author: Abdelmalek Abdellah
malik2010adrar@gmail.com

Submitted:14.03. 2026.Accepted:15.09.20226.Published:01.11.2026

Abstract

States tend to restrict the freedom of foreigners to engage in employment in order to protect their national workforce and safeguard their economic security. This is the approach that Algeria has adopted since independence through the enactment of legislation designed to strike a balance between the requirements of economic development and the recruitment of highly specialised foreign expertise, on the one hand, and preventing competition in the labour market, on the other. This study aims to shed light on the legal mechanisms and conditions governing the employment of foreign workers under Algerian legislation, while examining the deterrent penalties imposed for violations of these regulations. The study adopts a descriptive and analytical approach. It concludes that the Algerian legislator has established a stringent regulatory framework to govern the employment of foreign workers, subjecting it to precise conditions and providing for legal and administrative penalties against violators. Nevertheless, practical challenges remain, calling for greater effectiveness in regulatory oversight and legislative measures to ensure the desired balance.

Keywords: Labour Market, Foreign Workers, Algerian Legislation, Legal Conditions, Penalties.

Introduction

Various states seek to establish stringent regulatory rules and restrictive laws governing the freedom of foreigners to work. This approach is driven by national, political, and security considerations aimed at effectively protecting the domestic workforce against any potential competition for employment opportunities available within their territories. Indeed, ensuring the economic and social security of citizens is a fundamental pillar of the responsibilities of the modern state.

Like other countries, Algeria has worked since its independence to establish a legislative and regulatory framework governing the employment of foreigners, seeking to ensure that the national labour market is not adversely affected and to address unemployment. At the same time, the requirements of comprehensive economic development and the opening of markets have given rise to exceptions permitting recourse to foreign labour, particularly in highly qualified and specialised fields where expertise is scarce, in addition to the obligations arising from bilateral and international agreements concluded by Algeria with numerous countries.

On this basis, the Algerian legislator has been keen to subject the recruitment and employment of foreign workers to strict and fundamental conditions, while simultaneously prescribing deterrent legal penalties for anyone who violates these rules and regulations.

This gives rise to the central research question:

To what extent have the legal mechanisms and penalties established under Algerian legislation succeeded in achieving a delicate balance between the requirements of economic development and the recruitment of foreign expertise, on the one hand, and the protection and regulation of the national labour market, on the other?

To address this research problem and answer its subsidiary questions, we have adopted the descriptive and analytical approaches by examining legislative texts and analysing the provisions governing this field. The study is divided into two main sections:

• First Section: Conditions for the Employment of Foreign Workers under Algerian Legislation.
• Second Section: Penalties Arising from Non-Compliance with the Conditions Governing the Employment of Foreigners.

First Section: Conditions for the Employment of Foreign Workers under Algerian Legislation

The Algerian legislator has regulated the employment of foreigners under Law No. 81-10, which constitutes the principal legislative framework governing the employment of foreigners in Algeria. An examination of its provisions makes it possible to identify the main restrictions imposed on the employment of foreigners within the national territory. These restrictions consist of a set of fundamental conditions that can be divided into substantive and formal conditions, which will be discussed in detail below.

First: Substantive Conditions for the Employment of Foreign Workers

The Algerian legislator has made the employment of foreigners subject to three fundamental conditions that must be fulfilled by a foreign national before commencing work on Algerian territory. These are as follows:

1. The Foreign Worker’s Possession of an Appropriate Level of Qualification

Proceeding from the principle established by the Algerian legislator in Article 1 of Law No. 81-10, which provides for the establishment of conditions governing the employment of foreigners in accordance with national development needs, the recruitment of foreign workers is therefore permitted only in cases of necessity. This is dictated by the national interest in benefiting from certain highly qualified foreign expertise capable of advancing development in Algeria, while simultaneously protecting the jobs of national workers against foreign competition.

Accordingly, the Algerian legislator has categorically prohibited any employing entity in Algeria from recruiting a foreign worker, even on a temporary basis, unless that worker possesses a level of qualification at least equivalent to that of a technician. However, in view of the national interest and development considerations mentioned above, the legislator has exempted nationals of countries with which Algeria has concluded agreements or treaties, such as the Algerian-French bilateral agreement and the Algerian-Tunisian bilateral agreement. For humanitarian considerations, and given that Algeria is a party to the International Convention relating to Refugees, the legislator has also exempted political refugees who are authorised to reside in Algeria.[1]

Furthermore, the legislator has prohibited the authority responsible for issuing work permits from granting a foreign national a work permit or temporary work authorisation except in cases of absolute necessity. Such cases arise when the available position cannot be filled by a national worker or an Algerian worker residing abroad, whether through internal promotion or external recruitment. The foreign worker must also hold the certificates and qualifications required for the position to be occupied.[2]

This approach was adopted by the Social Chamber of the Supreme Court in its Decision No. 47289, which stated:

“It is legally established that the employment in Algeria of foreign workers who do not possess a high or specialised level of qualification is prohibited. Consequently, a judicial ruling to the contrary constitutes a violation of the law. Whereas, in the case at hand, the Council, by ruling that the dismissal of the foreign worker who brought the appeal was arbitrary, despite the fact that he was a maintenance worker who possessed no specialised or advanced professional qualifications, had violated the law. Accordingly, the contested decision must be quashed and annulled.”

It should be noted that one of the fundamental conditions for recruiting foreign employees in the departments of the State, local authorities, and public institutions and bodies is that they must possess a qualification classified at Grade 14 or the technical level referred to above.

2. The Foreign Worker’s Health and Physical Fitness

In addition to the qualification requirement, the Algerian legislator has established a second condition, namely that foreign workers must undergo health examinations to verify their physical and mental fitness before commencing employment. However, it should be noted that the legislator has not specified these health requirements in detail, but has merely indicated that they are determined by regulation, with reference to Decree No. 82-510.[4]

An examination of Chapter One of this Decree, entitled “Procedures for Issuing a Work Permit”, reveals that the legislator requires foreign nationals to submit an application file to obtain either a work permit or a temporary work permit. Among the documents required in this file are medical certificates prescribed under the legislation in force.[5]

As regards employment in the public service, the legislator stipulated under Ordinance No. 06-03[6] that candidates for public office must fulfil the condition of possessing Algerian nationality. With regard to health fitness, the legislator requires candidates to possess the physical and mental capacity necessary to perform the duties of the position.[7] Accordingly, candidates must include a medical certificate (general and chest examination) in their application files. The legislator has, however, exempted certain categories of positions from this general arrangement, making medical examinations compulsory for applicants to those positions,[8] such as positions within the police services.

Nevertheless, reference should also be made to the provisions of Law No. 88-07[9] relating to public health protection, safety, and occupational medicine. This law considers the protection of workers through occupational medicine to be an integral part of the national health policy. Occupational medicine in the workplace is primarily preventive and, in certain cases, curative. On this basis, every worker or employee is required to undergo medical examinations prior to recruitment, as well as periodic and special medical examinations and examinations upon returning to work (Article 17(10)). Furthermore, the employing institution is required to take the opinions of the occupational physician into consideration (Article 17(4)). Accordingly, the occupational physician is responsible for conducting the health monitoring of foreign workers before they commence employment.

The initial examination conducted by the occupational physician for a foreign worker consists of a comprehensive clinical examination and other supplementary tests. Its purpose is to identify the applicant’s health condition, assess whether the applicant is medically fit to undertake the work, and ensure that the applicant is free from childhood diseases and communicable diseases that may pose a risk in the workplace.

In light of the foregoing, it can be concluded that the monitoring of foreign workers with regard to their physical and mental fitness is carried out, first, through the medical certificates submitted as part of the application file for obtaining a work permit and, second, through the medical examination they must undergo before being authorised to commence employment.

It should be noted that Decree No. 86-276, which establishes the conditions for recruiting foreign personnel in the departments of the State, local authorities, public institutions, and public bodies, does not address the requirement of physical and mental fitness for foreign applicants seeking employment in Algerian institutions and administrations. We believe that such applicants are required to submit general medical and chest examination certificates, as is the case for Algerian public-sector employees. However, they are not required to undergo a clinical medical examination prior to recruitment. This may have adverse consequences for the workplace environment, such as the transmission of infectious diseases that can only be detected through a clinical examination.

It is worth noting that Article 6 of Ordinance No. 71-60[1] concerning the conditions for employing foreigners identified the diseases that prevent a foreign national from engaging in employment. These include physical health requirements and freedom from any infectious, cancerous, or mental illness. Furthermore, the Algerian-French Convention of 1968 concerning the movement of Algerian nationals and their families to France, their employment, and their residence there specified, in its annex, a number of diseases that prevent Algerian workers from engaging in employment in France.[11]

As for the health-related procedures currently applied to foreign nationals engaged in paid employment in Algeria, they are required to submit two medical certificates, one covering general medicine and the other chest diseases. These certificates must be issued by duly authorised national health institutions (an occupational physician affiliated with the public health services or an accredited occupational health body in accordance with the regulations in force) and included in the application file for obtaining a work permit or temporary work authorisation.[12]

Second: Formal Conditions for the Employment of Foreign Workers

Once a foreign worker has fulfilled all the substantive conditions prescribed by law, they must also satisfy a number of formal requirements. These include the obligation to obtain a work permit (Permis de travail) or a temporary work authorisation (Autorisation de travail temporaire), or, exceptionally, to be recruited pursuant to an invitation issued by the competent authorities. Furthermore, the employment contract must be concluded for a fixed term.

1. Obtaining a Work Permit by the Foreign National

Article 2 of Law No. 81-10 stipulates that:

“Every foreign national intending to engage in paid employment in Algeria must hold a work permit or a temporary work authorisation…”

Article 4 of the same law also stipulates that:

“A work permit or temporary work authorisation allows its holder to engage in a specific paid activity…”

Article 9 further provides that:

“Foreign nationals exceptionally invited to perform work for a period not exceeding fifteen days shall be exempt from the requirement to obtain a temporary work authorisation…”

An examination of the provisions of these articles gives rise to three observations.

First, in regulating the employment of foreigners, the legislator did not provide a definition of a work permit. Some scholars have defined it as:

“A document issued by the competent administrative authority for the purpose of authorising a foreign national to engage in paid or unpaid employment within the territory of a State. It expires upon the end of its validity period, unless it is renewed to allow completion of the required work.”[13]

Second, if a foreign national wishes to engage in paid employment in Algeria, they are required to obtain a work permit in order to be granted a residence card.[14]

Third, the work permit has been established in three forms, each of which allows a foreign national to engage in employment in Algeria.[15] These are as follows:

A. Work Permit (Permis de travail)

A work permit, whose validity period may not exceed two years and which is renewable (Article 10 of Law No. 81-10), is granted to foreign workers who possess skills and competencies that are lacking in the Algerian workforce.

However, the competent authority may not accept an application for a work permit unless it is accompanied by a reasoned report from the employing entity and the opinion of the workers’ representatives (Article 6).

Furthermore, a work permit is granted to foreign spouses of Algerian men and women, provided that they submit documents proving the marriage in accordance with Algerian legislation (Article 11(1)). A work permit is also granted by operation of law to the following categories:[16]

1. Foreign widows and divorcees of Algerian nationals, whether male or female, whose children hold Algerian nationality, reside in Algeria, and are under their direct care or custody.

2. A foreign wife whose Algerian husband has sustained a permanent disability duly established by law.

Where a foreign national fulfils these conditions, the employing entity wishing to recruit that person must submit an application file to the territorially competent employment service. The file must contain all documents relating to the foreign worker,[8] in addition to a reasoned report issued by the employing entity, setting out the opinion of the workers’ representatives regarding the need to recruit that foreign worker.[9] The application file must contain the following documents:[17]

1. An information form containing details relating to the foreign worker.

2. Certified true copies of certificates or other documents establishing the worker’s professional qualifications.

3. A copy of the passport proving the foreign worker’s lawful entry into Algeria (work visa).

4. Two medical certificates, one relating to general medicine and the other to chest diseases, issued by the duly authorised national health institutions (an occupational physician affiliated with the public health services or accredited occupational health bodies).

5. A certified copy of the fixed-term employment contract, duly signed by both contracting parties.

6. Payment of a fee of DZD 10,000 to the tax office or through the purchase of a separate fiscal stamp. The fee is reduced to DZD 1,000 where the application concerns foreign wives of Algerian nationals. An additional charge of 50% of the applicable fees is imposed when these documents are renewed or when a replacement copy is issued for a work document that has been lost, stolen, or damaged. Certain categories of foreign workers are exempt from this fee.[18]

7. Six recent colour passport-sized photographs of the applicant, taken against a white background and not more than six months old.

With regard to foreign spouses of Algerian nationals, in addition to the aforementioned documents, the following must also be submitted: a marriage certificate; a death certificate in the case of a deceased Algerian spouse; a divorce judgment where the foreign applicant is divorced from an Algerian national; a family certificate or a certificate of custody for the children; and, in the case of a foreign woman whose Algerian husband has sustained a permanent disability, a certificate of permanent disability issued by the legally competent authorities.

Once all the required documents have been assembled, the application file is submitted to the competent services. The territorially competent employment services then examine the application and notify the employing entity of their decision within 45 days from the date of submission. If this period expires without the employment services notifying the applicant of their decision, the application shall be deemed to have been approved.[19]

To renew a foreign worker’s work permit, the employing entity may submit an application file following the same formal procedures required for an initial work permit application, together with the following documents:[20]

1. Two certified copies of the new fixed-term employment contract.

2. The work permit previously issued to the worker and for which renewal is being requested.

3. An information form issued by the employing entity, explaining the reasons for requesting the employment of the foreign worker.

4. Two medical certificates, one relating to general medicine and the other to chest diseases, issued by duly authorised national health institutions.

5. Two passport-sized photographs.

6. An undertaking to repatriate the foreign worker.

7. A copy of the foreign worker’s passport, in the case of its renewal.

If the foreign worker wishes to change the employing entity, an application file must be submitted following the same formal procedures as those applicable to an initial work permit application. However, the new employing entity is responsible for submitting the file, which must contain the following documents:[21]

1. A certified copy of the employment contract.

2. The previous work permit.

3. A certificate issued by the former employing entity attesting to the applicant’s good conduct and professional qualities, while specifying the reasons that led to the termination of the employment relationship.

4. A certificate of employment confirming that the foreign worker has fulfilled all contractual obligations and has left the former employing entity free of any outstanding commitments.

Once all the required documents have been submitted, the renewal application must be filed at least 45 days before the expiry date of the original work permit. A receipt acknowledging submission of the application is issued, allowing the worker to continue working until the expiry of the validity period of the work permit submitted for renewal. The employment services must notify the employing entity of their decision at least 15 days before the expiry date of the original work permit.[22]

It can be observed from Article 12 that the legislator allows a foreign worker to change the employing entity, subject to the conditions mentioned above. However, a reference to Article 4 of Law No. 81-10 reveals that the worker must be granted a work permit or temporary work authorisation subject, among other conditions, to working for one employing entity exclusively.

B. Temporary Work Authorisation (Autorisation de travail temporaire)

A temporary work authorisation is granted to foreign nationals invited to undertake paid employment for a specified period not exceeding three months. Such authorisation is issued upon a reasoned request submitted by the employing entity after consultation with the workers’ representatives.[23]

This requires the submission of an application file against an acknowledgement of receipt. The file must contain the following documents; otherwise, the application may be rejected:[24]

1. An application for a temporary work authorisation, specifying the reference number of the position indicated in the preliminary approval.

2. An information form containing details relating to the foreign worker.

3. A recruitment undertaking in two copies, specifying an anticipated date after the foreign worker’s entry into Algeria.

4. Copies of higher education qualifications issued by higher education or vocational training institutions, employment certificates, or a curriculum vitae summarising the foreign worker’s qualifications and professional experience. These documents must be translated into Arabic and certified by the Algerian diplomatic authorities in the foreign worker’s country of residence, in order to ensure that they correspond to the original documents.

5. Payment of a fee of DZD 10,000 to the tax office or through the purchase of a separate fiscal stamp.

Continuation: Documents Required for a Temporary Work Authorisation

6. A certificate issued by the services of the Ministry of Youth and Sports, where the applicant is a professional athlete or a coach.

7. An exceptional age-related authorisation issued by the Central Employment Administration, applicable to foreign workers over the age of 60.

8. An undertaking by the employing entity to repatriate the foreign worker.

9. A copy of a valid passport.

10. Certified true copies of documents proving the foreign worker’s lawful entry into Algeria.

11. Two medical certificates, one relating to general medicine and the other to chest diseases, issued by the duly authorised national health institutions.

12. Specification of the position to be occupied and a description of the type of work to be performed, certified by the employing entity.

13. A certified copy of the employment contract.

14. Six (6) recent colour passport-sized photographs of the applicant, taken against a white background and not more than six months old.

With regard to the renewal of a temporary work authorisation, an application for renewal must be submitted eight days before its expiry date, accompanied by a report explaining the reasons justifying the request for renewal (Article 17 of Decree No. 82-510).

C. Exceptionally Inviting a Foreign Worker under a Short-Term Secondment Arrangement

The Algerian legislator has authorised exceptions in exceptional circumstances requiring the urgent intervention of a foreign worker. In such cases, the worker is exempted from obtaining a temporary work authorisation, although they remain subject to the requirement of a temporary work visa. However, they are not required to follow the preliminary procedures relating to initial approval, owing to the urgent nature of the situation.

The granting of this authorisation is subject to certain conditions, including verification of the urgent nature of the work requiring the immediate intervention of the foreign worker. Under no circumstances may such work exceed a maximum period of fifteen days. This period may be renewed, provided that the total duration does not exceed three months within one year.

The Minister responsible for Labour may also grant exemptions for the employment of foreign workers, upon a reasoned request submitted by the employing entity, particularly where absolute necessity so requires. Nevertheless, employing entities are required to notify the territorially competent Provincial Director of Employment of the foreign workers exceptionally recruited to carry out the work in question.

It should be noted that certain categories of foreign nationals are subject to simplified procedures in order to facilitate the completion of short-term assignments.

D. Application for a Work Visa

Pursuant to Article 5 bis 1, paragraph 7, of Presidential Decree No. 03-251 of 19 July 2003 concerning the status of foreigners in Algeria, foreign nationals are required to obtain a work visa issued by Algerian diplomatic and consular missions.

The application file for obtaining a work visa must necessarily include the following:

• An application for a work visa submitted by the employing entity to the Director General of Legal and Consular Affairs at the Ministry of Foreign Affairs.
• The original copy of the temporary work authorisation.
• The original copy of the employing entity’s undertaking to repatriate the foreign worker.
• An undertaking to employ the foreign worker.
• A nominal list of the foreign workers concerned by the work visa application.

2. The Foreign Worker’s Obligation to Conclude a Fixed-Term Employment Contract

The general principle governing employment relationships under Labour Law No. 90-11, which regulates the employment relationships of national workers, is that an employment contract concluded between a national worker and an employing entity is for an indefinite term. A fixed-term employment contract may be concluded only as an exception, subject to the conditions established by the legislator.

Accordingly, Algerian labour legislation regulates two types of employment contracts:

1. An indefinite-term employment contract (Contrat à Durée Indéterminée – CDI).
2. A fixed-term employment contract (Contrat à Durée Déterminée – CDD).

As regards Law No. 81-10 concerning the conditions for employing foreign workers, the governing principle of employment relationships between the employing entity and the foreign worker is that they must be for a fixed term. This follows from Article 4 of the aforementioned law, which provides that the employment contract may last for two years and is renewable. Renewal is conditional upon the submission of a reasoned report by the employing entity. The contract does not acquire a permanent character, regardless of how many times it is renewed. This differs from Law No. 90-11, which regulates the employment relationships of national workers.

This principle, established under Law No. 81-10, has also been adopted by most of the legal instruments regulating the employment of foreigners in Algeria. The aforementioned Decree No. 86-276 confirms that the duration of an employment contract may not exceed two years, although it may be renewed for further periods, each of which may not exceed one year. Meanwhile, the validity of the professional card is two years and may be renewed in accordance with the aforementioned Executive Decree No. 06-454.

Given the special nature of this employment relationship, one of whose parties is a foreign national, the law has established specific rules governing the termination of the employment contract. Either party may terminate the contract, provided that the other party is given three months’ prior notice. However, where the foreign worker is employed in one of the following sectors: education, teaching, or vocational training, they may not terminate their contract before the end of the academic or university year.

If the employing entity terminates the contract for reasons other than disciplinary or professional misconduct, the foreign worker may claim compensation for dismissal. The contract may also be terminated by operation of law, without prior notice or compensation, if any of the following circumstances arise:

1. The foreign worker seriously breaches their contractual obligations.
2. Professional inadequacy on the part of the foreign worker is established during the performance of their duties.
3. The foreign worker abandons their position in violation of the contractual provisions.
4. The foreign worker fails to take up their position within the period specified by the employing entity, calculated from the date of signing or commencement of execution of the contract.

From the foregoing, it is clear that the Algerian legislator has subjected the employment of foreigners to an exceptional contractual regime, governed by specific conditions. The original employment contract is concluded for a fixed period of two years and may be renewed subject to certain requirements.

The underlying principle is that vacant positions are, as a general rule, the inherent right of national workers. Exceptions to this principle are based on several considerations:

First, the needs of the Algerian labour market for qualified foreign workers, particularly where national capacities are unable to meet those needs. This is justified by the economic necessity of such expertise and its contribution to advancing development.

Second, the principle of reciprocity, in accordance with the bilateral agreements concluded by Algeria with other countries, particularly those relating to freedom of movement and employment.

Third, the employment of foreign nationals belonging to the categories of political refugees and stateless persons, given that Algeria is a party to the international instruments providing special protection for these groups.

Fourth, the opportunity for the national workforce to interact with and benefit from foreign expertise and professional competencies.

Second Section: Penalties Arising from Violations of the Conditions Governing the Employment of Foreigners

As mentioned above, the Algerian legislator has subjected the employment of foreigners to a set of substantive and formal conditions. In addition, the legislator has imposed obligations on both employing entities and foreign workers, which must be observed before and during the performance of employment. Financial and criminal penalties have been established for any violation of these obligations.

First: Penalties Applicable to the Employing Entity

In order to employ a foreign worker and benefit from their services and professional competencies, the employing entity must comply with the procedures established by the Algerian legislator. Accordingly, the employing entity is required to undertake the following procedures:

1. Obtain initial approval issued by the employment services. This procedure applies to all employing entities. To this end, an application file for initial approval to employ foreign workers must be submitted to the territorially competent Employment Directorate. If the employment services approve the application, the Provincial Director of Employment notifies the employing entity of the initial approval and informs it that it may submit an application file for obtaining a work permit.

2. Declare the employment of the foreign worker within 48 hours to the territorially competent employment services. Where no such services exist at the territorial level, the declaration must be made to the municipality where the employment takes place, the police headquarters, or the territorially competent National Gendarmerie unit. The same procedure must be followed upon termination of the employment relationship (Article 28(1) and (2) of Law No. 08-11).

3. Undertake to provide all documents and supporting evidence proving that the foreign national is authorised to work within the employing institution whenever requested to do so by the officers responsible for inspection and monitoring (Article 28(3) of Law No. 08-11).

4. Declare to the territorially competent employment services every foreign national engaged in paid employment in Algeria, even where that foreign national is exempt from holding a work permit under an agreement or treaty concluded by Algeria (Article 3(3) of Law No. 81-10).

5. Submit a report to the territorially competent employment service, including the opinion of the workers’ representatives, to justify the need to recruit foreign workers (Article 6 of Law No. 81-10). These reports must contain the following information:

• The name and registered address of the employing entity.
• The requirements of the position to be filled, including a description of the duties to be performed and the type of work to be undertaken.
• The reasons justifying recourse to a foreign worker, particularly their qualifications and professional competencies.

6. Notify the territorially competent employment services of any termination of the employment contract by the foreign worker within 48 hours. The foreign worker is required to return the work permit to the employing entity, which must forward it to the territorially competent employment services within a maximum period of fifteen days from the date of termination of the employment contract (Article 21 of Law No. 81-10). The notification must be accompanied by the following information:

• The full name and nationality of the foreign worker concerned.
• The date and reasons for termination of employment.
• The reference numbers of the work permit or temporary work authorisation.

7. Every employing entity recruiting foreign workers, whether or not they are required to hold a work permit or authorisation, must prepare, during the first three months of each year, a list of its foreign employees for the preceding year. This list must be sent to the territorially competent employment services (Article 22 of Law No. 81-10) and must contain the following information:

• The full names and nationalities of the foreign workers.
• Their professional qualifications and the positions they occupy.
• Their employment contracts and the types of contracts concluded.
• The monthly amounts of their salaries, bonuses, and allowances.

8. The employing entity is required to declare to the employment services the foreign workers exempted from the requirement to hold a work permit or authorisation, at least fifteen days before their recruitment, providing the following information:

• The name or corporate purpose of the employing entity and its legal status.
• Information concerning the civil status and nationality of the foreign workers.
• The professional qualifications of the foreign workers.
• The positions assigned to them.
• The duration of the employment contracts concluded.
• Their remuneration and the benefits granted to them.

9. The employing entity must declare to the employment authority the foreign workers exceptionally recruited to carry out work not exceeding fifteen days. The declaration must be accompanied by an annex containing the following:

• A report stating the name or corporate purpose of the employing entity and its legal status, while explaining the exceptional nature of the work to be performed.
• An information form containing details relating to the foreign worker.
• A statement specifying the number of working days performed by the same worker in Algeria during the twelve months preceding the date of the declaration.

10. The employing entity intending to recruit a foreign worker must submit an application for the issuance or renewal of a work permit or temporary work authorisation to the territorially competent employment services (Article 6 of Law No. 81-10). This obligation imposed on the employing entity entails legal liability in the event of non-compliance, as it constitutes a mandatory requirement.

This position was adopted by the Social Chamber of the Supreme Court in its Decision No. 1109750, dated 8 December 2016, which stated:

“An employment contract concluded with a foreign national before obtaining a work permit is valid and produces all its legal effects, and the employing entity bears responsibility for terminating it.”

In accordance with the conditions and obligations imposed on employing entities when recruiting foreign workers, any violation or failure to comply with these requirements exposes the employing entity to criminal penalties, which vary according to the nature of the violation.

Thus, where a foreign worker is required to hold a work permit or temporary work authorisation but does not possess either of these documents, or holds an expired work document, or works in a position other than the one specified in the work permit, the employing entity is punishable by a fine ranging from DZD 10,000 to DZD 20,000.

Furthermore, any employee of a public or private institution or employing entity who, through orders or instructions issued to persons or departments under their supervision, authorises the employment of a foreign worker who does not hold a work permit or temporary work authorisation shall be punished by a fine ranging from DZD 1,000 to DZD 5,000, calculated according to the number of established violations.

In cases of recidivism, the offender shall be prosecuted and punished by a fine ranging from DZD 1,000 to DZD 5,000, calculated according to the number of repeated violations, and imprisonment for a period of one to six months, or either of these two penalties.

The employing entity shall also be punished by a fine ranging from DZD 5,000 to DZD 10,000 if it fails to submit notification of the termination of an employment contract or the annual list of its foreign employees within the legally prescribed time limits. The fine is doubled in the event of repeated violations.

However, if the employing entity recruits a foreign worker whose residence status is irregular, it shall be punished by a fine ranging from DZD 200,000 to DZD 800,000.

Second: Penalties Applicable to the Foreign Worker

In order for a foreign worker to engage in paid employment in Algeria, they must comply with the conditions established by the legislator, whether those relating to lawful residence status, regulated under Law No. 08-11, or the conditions previously discussed and governed by Law No. 81-10.

Accordingly, foreign workers are subject to a number of obligations throughout the duration of their employment relationship with the employing entity. These are as follows:

1. Hold a work permit or temporary work authorisation issued by the employment services responsible for labour matters, except in cases exempted by the Algerian legislator.

2. Provide accurate information and genuine documents required for obtaining a work permit or temporary work authorisation, and comply with the substantive and formal conditions governing the employment of foreign workers (Article 14).

3. Present the work permit or temporary work authorisation whenever requested to do so by the competent authorities, including the employment services responsible for labour matters, labour inspectors, and security services (Article 17).

4. Notify the territorially competent employment services at least fifteen days before terminating the employment relationship, where the foreign worker has acceptable reasons for leaving the employing entity (Article 18).

5. Where the foreign worker permanently changes their actual place of residence, or changes it for a period exceeding six months, they must declare this change to the police headquarters, the National Gendarmerie unit, or the municipality responsible for their former and new places of residence (Article 27(1) of Law No. 08-11).

6. Refrain from disclosing professional secrets (Article 24). However, a review of this provision reveals that it is based on a reference to Law No. 78-12 containing the General Statute of the Worker, which has been repealed. Specifically, it refers to Articles 37, 98, 200, 201, and 208, which address professional misconduct by workers through the disclosure of professional secrets, as well as the penalties and compensation arising from such violations. This makes it necessary to amend this provision so that, in cases involving the disclosure of professional secrets, reference is made instead to Law No. 90-11 concerning employment relationships, particularly Article 73 thereof.

7. Comply with the provisions of Law No. 81-10 governing the conditions for employing foreigners and refrain from violating them (Article 25).

In light of these obligations, which constitute the legal framework regulating the employment of foreigners within the national territory, any foreign worker who breaches one of them shall be subject to a penalty proportionate to the violation committed.

An administrative penalty applies where the foreign worker provides false information or fraudulent documents in order to obtain a work permit, or fails to comply with the substantive and formal conditions governing the employment of foreigners. In such cases, the foreign worker’s work permit or authorisation shall be withdrawn.

Where a foreign worker violates the provisions of Law No. 08-11, the necessary administrative measures shall be taken against them as an administrative penalty, in addition to a criminal penalty consisting of a fine ranging from DZD 1,000 to DZD 5,000 and imprisonment for a period of ten days to one month, or either of these two penalties.

In cases involving the disclosure of professional secrets, the foreign worker shall be dismissed without notice or compensation for unused leave and without bonuses, as an administrative penalty. In addition, criminal penalties may be imposed, which are divided into two categories.

If the foreign worker discloses secrets relating to the institution in which they work without being authorised to do so, or attempts to disclose such secrets to foreigners or Algerians residing outside Algerian territory, they shall be punished by imprisonment for a period of two to five years and a fine ranging from DZD 500 to DZD 10,000.

However, if such secrets are disclosed to Algerians residing in Algeria, the penalty shall be imprisonment for a period of three months to two years and a fine ranging from DZD 500 to DZD 1,500.

Where the disclosed secrets relate to the manufacture of weapons or military ammunition belonging to the State, the maximum penalty applicable under these two categories shall be imposed.

Furthermore, if the foreign worker fails to present documents or supporting evidence establishing their legal status when requested to do so by authorised officers, they shall be punished by a fine ranging from DZD 5,000 to DZD 20,000.

A foreign worker who fails to declare a change of residence shall be punished by a fine ranging from DZD 1,500 to DZD 2,000.

Observations and Assessment of the Legal Framework

In light of the foregoing provisions governing the employment of foreigners in Algeria, and particularly Law No. 81-10, which constitutes the principal legislative framework regulating the employment of foreigners in Algeria, several observations can be made.

The first observation is that this law was enacted nine years before Labour Law No. 90-11 concerning employment relationships. Nevertheless, some of its provisions still refer to the provisions of Law No. 78-12 containing the General Statute of the Worker, which has been repealed. This makes it necessary to amend those provisions so that they refer instead to the provisions of Law No. 90-11, which is currently in force.

The second observation concerns the amount of financial fines imposed on employing entities in cases of violations. These fines are not sufficiently deterrent when compared with the financial and criminal penalties, which may include imprisonment for up to two years, imposed on foreign workers in cases of violations.

The fines prescribed for employing entities range from DZD 1,000 to a maximum of DZD 20,000, pursuant to the latest amendment adopted in 2015. It should be noted that, before this amendment, the maximum fine was DZD 10,000.

However, the employing entity plays a central and significant role in allowing or refusing to employ a foreign worker whose legal status is irregular. It is therefore unreasonable to impose the maximum penalty on the worker while imposing a financial fine on the employing institution that is insufficient to deter it from committing the violation.

Accordingly, the maximum financial penalties should be imposed on employing entities, particularly in cases involving the employment of foreign workers whose legal status is irregular. In addition, deterrent administrative measures should be introduced, such as the temporary closure of the employing institution.

The third observation concerns the violation provided for under Article 19 of Law No. 81-10, as amended by Article 55 of Ordinance No. 15-01. This violation consists of employing a foreign worker without a work permit or temporary work authorisation and is punishable by a fine ranging from DZD 10,000 to DZD 20,000.

The same violation is also provided for under Article 49 of Law No. 08-11, namely the employment of a foreign worker whose residence status is irregular. However, one of the principal conditions for granting a foreign national a residence card for the purpose of engaging in paid employment is possession of a work permit or temporary work authorisation (Article 17 of Law No. 08-11). The penalty prescribed for this violation ranges from DZD 200,000 to DZD 800,000.

This represents a substantial discrepancy in the financial penalties imposed for what is essentially the same violation. It is worth noting that the lower penalty was introduced under the latest amendment of 2015, whereas the higher penalty was established under the 2008 law.

Accordingly, we conclude that unless the legislator intervenes to increase the financial and administrative penalties imposed on employing entities that violate the legislation and regulations governing the employment of foreigners, these entities will continue to breach the law, particularly by employing foreign workers whose legal status is irregular at low wages in pursuit of unfair economic competition.

Practical experience demonstrates that serious violations and fraudulent practices occur on the part of both employing entities and foreign workers. For example, reports indicate that, by the end of December 2014, a total of 4,803 foreign workers had been identified as working without holding a work permit or temporary work authorisation. These violations resulted in 4,882 disciplinary proceedings, including 4,803 legal actions against the foreign workers concerned and 79 legal actions against employing entities.

During 2016, 4,112 legal actions were brought against foreign workers found to be working without a work permit, while 605 legal actions were brought against employing entities that had violated the conditions governing the employment of foreign workers in Algeria.

Conclusion

Protecting the national workforce and regulating the labour market constitute fundamental pillars of the economic and social sovereignty of any State. Through our analysis of the legal framework governing foreign labour under Algerian legislation, it becomes clear that the legislator has sought to subject this field to a well-defined regulatory system aimed at achieving a delicate balance. This balance consists of attracting the foreign expertise and competencies necessary to support development and major investment projects, while preventing unjustified competition with the domestic workforce in order to preserve the overall balance of unemployment rates.

This study has yielded several findings, the most important of which are as follows:

• The Algerian legislator has expressly established the priority of national workers in filling available positions, while restricting exceptions to a narrow and precisely defined scope. Such exceptions are exclusively linked to the actual need for scarce professional competencies or to obligations arising from international agreements.
• The legal restrictions and regulatory requirements imposed on both employing entities and foreign workers vary in nature. These include work permits, prior approvals, and professional residence visas, which collectively constitute a detailed screening system governing the flow of incoming foreign labour.
• The legislator has adopted a multidimensional system of penalties combining financial and administrative measures with procedures for removal to the borders, with the aim of deterring violators and ensuring strict compliance with the laws governing employment and residence.

On the basis of the foregoing findings and the conclusions reached in this study, we put forward the following recommendations, which we hope will contribute to improving these mechanisms and enhancing their effectiveness:

• We consider it particularly important to strengthen the role of field inspection bodies, such as the Labour Inspectorates, in coordination with the security authorities, in order to reduce violations and cases of illegal employment.
• Regulatory frameworks should be updated to accommodate developments in the digital economy, thereby facilitating the recruitment of the technical and technological expertise urgently needed by the national economy and reducing administrative complexities that hinder investment.
• The penalty system should be reassessed by updating the financial fines imposed on those who violate the regulations governing the employment of foreigners, particularly institutions that repeatedly commit violations. The amounts of these fines should be linked to inflation rates and the financial capacity of large institutions in order to achieve the intended deterrent effect and protect public order in the labour market.
• Legal and security diplomacy mechanisms should be activated through the conclusion of bilateral and regional agreements based on the principle of reciprocity, increased coordination with countries of origin of irregular migrant workers, and the exchange of proactive information to dismantle illegal immigration networks that use paid employment as a cover for facilitating the unauthorised entry of their nationals.

Footnotes

[1] See Article 3 of Law No. 81-10.

[2] See Article 5 of Law No. 81-10.

[3] Decision No. 47289, issued by the Social Chamber on 27 June 1988, Judicial Review Journal, No. 1, 1991, pp. 100–101.

[4] Decree No. 82-510 of 25 December 1982, establishing the procedures for granting work permits or temporary work permits to foreign workers, Official Gazette, No. 56, dated 28 December 1982.

[5] See Articles 8 and 15 of Decree No. 82-510.

[6] Ordinance No. 06-03 of 15 July 2006, containing the General Statute of the Public Service, Official Gazette, No. 46, dated 16 July 2006.

[7] See Article 75 of Ordinance No. 06-03.

[8] See Article 76 of Ordinance No. 06-03.

[9] Law No. 88-07 of 26 January 1988, relating to public health protection, safety, and occupational medicine, Official Gazette, No. 4, dated 27 January 1988.

[10] Ordinance No. 71-60 of 5 August 1971 concerning the conditions for employing foreigners, Official Gazette, No. 67, dated 17 August 1971.

[11] These diseases are divided into two groups:

A. Diseases that may endanger public health:

1. Symptoms or conditions requiring quarantine, as provided for in International Health Regulations No. 2 of 25 May 1951 of the World Health Organization.
2. Active or progressive pulmonary tuberculosis.
3. Syphilis.
4. Other communicable or parasitic diseases, insofar as they are subject to control measures applied to nationals of the host country.

B. Diseases or disabilities that may endanger public order or public security:

1. Drug addiction.
2. Severe psychological or mental disorders.
3. Severe and manifest mania, whether accompanied by delusions, hallucinations, or confusion.

[12] See Guide to the Procedures for Employing Foreign Labour, Ministry of Labour, Employment and Social Security, available at: https://www.mtess.gov.dz/ar

[4] Maʿāshū Nabālī Faṭṭah, “Work Permits for Foreigners: A Condition and an Obligation,” Journal of Labour Law and Employment, No. 1, 2016, p. 194.

[13] Article 17 of Law No. 08-11 of 25 June 2008 concerning the conditions of entry, residence, and movement of foreigners in Algeria, Official Gazette, No. 36, dated 2 July 2008, stipulates that:

“Any foreign national wishing to reside in Algeria for the purpose of engaging in paid employment may not obtain a residence card unless they hold one of the following documents:

1. A work permit.
2. A temporary work authorisation.
3. A declaration of employment of a foreign worker, in the case of foreigners who are not subject to the work permit requirement.”

[14] However, certain categories of foreign nationals are exempt from the work permit requirement. These include:

• Foreign nationals engaged in commercial, industrial, craft, and liberal professions.
• Foreign nationals holding shares in a company.
• Diplomatic representatives of foreign governments accredited in Algeria.
• Foreign nationals employed by international or regional organisations accredited in Algeria or pursuant to an agreement concluded with Algeria.
• Visiting commercial representatives, such as exhibitors and exhibition-stand personnel.
• Foreign journalists who have been assigned to and reside in Algeria and who are affiliated with newspapers published abroad, news agencies, or television and radio channels broadcasting from abroad.
• Foreign nationals participating in international sporting events, including referees and accompanying personnel, as well as official delegations and all persons accredited by international, regional, or national sports federations.
• Employees of air transport agencies, except where otherwise provided for under a treaty or agreement concluded between Algeria and a foreign State.
• Foreign seafarers working aboard vessels docked in an Algerian port, in accordance with the maritime conventions to which Algeria is a party. However, any shipowner employing foreign seafarers aboard a vessel flying the Algerian flag must comply with the procedures governing work permits under the legislation in force.
• Foreign artists, including performing artists such as circus performers.
• Mobile foreign employees undertaking road transport activities on behalf of an employer residing abroad, provided that their stay in Algeria does not exceed three consecutive months.
• Foreign workers employed in free zones.
• Foreign employees working in State departments and subject to the provisions of Decree No. 86-276, as amended and supplemented.

For further details, see Guide to the Procedures for Employing Foreign Labour, Ministry of Labour, Employment and Social Security, previously cited.

[15] See Article 11(2) of Law No. 81-10.

[16] See Article 6 of Decree No. 82-510.

[17] See Article 6 of Law No. 81-10.

[18] See Article 8 of Decree No. 82-510, and also Guide to the Procedures for Employing Foreign Labour, Ministry of Labour, Employment and Social Security, previously cited.

[19] These include categories of foreign workers who are not subject to temporary work permits or work authorisations under a treaty or agreement concluded between Algeria and the foreign worker’s country of origin; foreign workers engaged under a secondment arrangement or assignment for a short period (a maximum of three months per year); and foreign workers benefiting from refugee or stateless-person status. See Article 30 of Ordinance No. 15-01 of 23 July 2015, containing the Supplementary Finance Law for 2015, Official Gazette, No. 40, dated 23 July 2015.

[20] See Article 9 of Decree No. 82-510.

[21] See Article 11 of the same Decree.

[22] See Article 12 of the same Decree.

[23] See Articles 13 and 14 of Decree No. 82-510.

[24] See Article 8 of Law No. 81-10.

[25] See Article 15 of the aforementioned Decree No. 82-510, and also Guide to the Procedures for Employing Foreign Labour, Ministry of Labour, Employment and Social Security, previously cited

List of Sources and References

First: Books

1. Slimane Ahmida, The Legal Regulation of Employment Relationships under Algerian Legislation: Individual Employment Relationships, Part Two, University Publications Office, 2002 edition.

Second: Periodicals and Journals

1. Maâchou Nebali Fetta, “The Work Permit for Foreigners: A Condition and an Obligation,” Journal of Labour Law and Employment, Issue 1, 2016.

Fourth: Reports and Other Documents

1. Decision No. 47289, issued by the Social Chamber on 27 June 1988, Judicial Journal, Issue 1, 1991.

2. Guide to Procedures for Employing Foreign Labour, Ministry of Labour, Employment and Social Security, available at: https://www.mtess.gov.dz/ar.

3. Supreme Court Journal, 2016, Issue 2.

4. UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW). (2016). Consideration of Reports Submitted by States Parties under Article 74 of the Convention: Second Periodic Reports of States Parties Due in 2014: Algeria. United Nations. CMW/C/DZA/2.

5. UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW). (2016). List of Issues in Relation to the Second Periodic Report of Algeria: Addendum: Replies of Algeria to the List of Issues. United Nations. CMW/C/DZA/Q/2/Add.1.

Fifth: Legal Texts

1. Law No. 81-10 of 11 July 1981 on the Conditions of Employment of Foreign Workers, Official Gazette, Issue 28, dated 14 July 1981.

2. Law No. 88-07 of 26 January 1988 on Health, Safety and Occupational Medicine, Official Gazette, Issue 4, dated 27 January 1988.

3. Labour Law No. 90-11 of 21 April 1990 on Employment Relationships, Official Gazette, Issue 17, dated 25 April 1990, as amended and supplemented by Ordinance No. 91-29 of 21 December 1991; Decree No. 94-03 of 11 April 1994; Ordinance No. 96-21 of 9 July 1996; Ordinance No. 97-02 of 11 January 1997; and Ordinance No. 97-03 of 11 January 1997.

4. Law No. 08-11 of 25 June 2008 on the Conditions of Entry, Residence and Movement of Foreigners in Algeria, Official Gazette, Issue 36, dated 2 July 2008.

5. Ordinance No. 06-03 of 15 July 2006, containing the General Civil Service Statute, Official Gazette, Issue 46, dated 16 July 2006.

6. Ordinance No. 71-60 of 5 August 1971 on the Conditions of Employment of Foreigners, Official Gazette, Issue 67, dated 17 August 1971.

7. Ordinance No. 15-01 of 23 July 2015, containing the Supplementary Finance Law for 2015, Official Gazette, Issue 40, dated 23 July 2015.

8. Ordinance No. 06-03 of 15 July 2006, containing the General Civil Service Statute, Official Gazette, Issue 46, dated 16 July 2006.

9. Decree No. 82-510 of 25 December 1982, establishing the procedures for granting work permits or temporary work authorisations to foreign workers, Official Gazette, Issue 56, dated 28 December 1982.

10. Presidential Decree No. 03-251 of 19 July 2003, amending and supplementing Decree No. 66-212 of 21 July 1966, implementing Ordinance No. 66-211 of 21 July 1966 concerning the status of foreigners, Official Gazette, Issue 43, dated 20 July 2003.

11. Executive Decree No. 06-454 of 11 December 2006 concerning the professional card issued to foreigners engaged in commercial, industrial or craft activities, or practising a liberal profession, within the national territory, Official Gazette, Issue 80, dated 11 December 2006.

12. Decree No. 86-276 of 11 November 1986, establishing the conditions for employing foreign personnel in State departments, local authorities, public institutions and bodies, Official Gazette, Issue 46, dated 12 November 1986, as amended and supplemented by Executive Decree No. 04-315 of 2 October 2004, Official Gazette, Issue 63, dated 3 October 2004, and Executive Decree No. 09-272 of 30 August 2009, Official Gazette, Issue 50, dated 2 September 2009.