مجلة القانون العام الجزائري والمقارن
Volume 11, Numéro 3, Pages 95-111
2025-12-28

Arbitration In Algerian Labor Law Under The Labor Disputes Act No. 23-08 And Its Implementing Regulations

Authors : Latreche Ali .

Abstract

Abstract : Workers and employers in public and private sectors experience times when their labor relations break down which can lead to collective labor disputes if the conflict remains unresolved. Employers in these situations choose to handle conflicts through peaceful resolution methods which involve dialogue and conciliation and mediation processes. Workers choose to strike when all other communication channels between them and their employers become unresponsive because this method allows them to pressure their employers into making better workplace conditions and granting new rights and decreasing work responsibilities. The Algerian legislator established new laws to prevent situations which might lead to major national security threats because strikes serve as a powerful disruptive tool that impacts both public and private institutions. After the failure of all negotiation methods the legislator created a quasi-judicial system which operates as an arbitration system to solve collective labor disputes. The primary dispute resolution system for labor conflicts involving non-strike workers operates through arbitration. The system operates through Law No. 23-08 of 21 June 2023 together with Executive Decree No. 23-364 of 17 October 2023 which establish legal and regulatory frameworks for collective labor dispute prevention and resolution and strike rights.

Keywords

Arbitration ; , Strike ; Collective Labor Disputes ; Arbitration Committee ; Algerian Labor ; Legislation