Arbitration in Algerian Labor Law

Abstract

Sometimes, work relationships between employees and employers become strained, whether in the public or private sector. The persistence of such tensions without resolution may escalate into a collective labor dispute. In such cases, the employer may attempt to resolve the issue amicably through mechanisms of dialogue, reconciliation, and mediation. However, these channels may occasionally reach an impasse, forcing workers to resort to strikes as a means of pressuring the employer to improve working conditions, secure new rights, or alleviate labor obligations.

Given that strikes are among the most harmful means to public and private institutions—particularly when their scope expands to pose a threat to national security—the Algerian legislator has intervened to address situations that may lead to such outcomes. To this end, a quasi-judicial mechanism was introduced to resolve collective labor disputes when dialogue, reconciliation, and mediation channels are exhausted: arbitration. Arbitration has also been established as a mechanism for resolving labor disputes for categories of workers prohibited from striking. This framework was legislated and regulated under Law No. 23/08 of June 21, 2023, concerning the prevention and resolution of collective labor disputes, the right to strike, and Executive Decree No. 23-364 of October 17, 2023.