Legal Protection of Trade Union Freedom in Algerian Legislation (An Analytical Study in Light of Law No. 23-02)

الملخص

The study concludes that Algerian Law No. 23-02 of 2 May 2023 establishes a balanced legal framework governing trade union activity in both the public and private sectors. The legislator sought to reconcile the protection of trade unionists with the need to preserve order and discipline within workplaces. To this end, the law provides strong safeguards against employer abuse and administrative arbitrariness, while preventing the misuse of trade union status.

Key protections include extending legal protection to all unionized workers regardless of representativeness, an absolute prohibition on sanctions based on union activity or membership, restrictions on transferring trade union delegates, equality in disciplinary procedures, and enhanced safeguards in cases of dismissal or termination for certain union representatives. At the same time, the law imposes limits on trade union conduct, exposing unionists to sanctions where they engage in unlawful work stoppages, disrupt institutional activity, or resort to violence, threats, or coercion.

In the public sector, trade unionists are regarded as the weaker party, and severe disciplinary measures are subject to strict procedural guarantees, including prior binding review by joint committees and access to judicial remedies with compensation. In the economic sector, labor inspectors play a central mediating role between workers and employers. Overall, the law combines protective, regulatory, and penal mechanisms to ensure both the freedom and proper regulation of trade union activity.