Unpaid Leave for Starting a Business: An Analytical Review of Amendments to Labor and Public Service Laws
Main Article Content
Abstract
This research paper examines the legislative amendment introduced to Algeria’s Labor and Public Service Laws, which guarantees employees and civil servants the right to take exceptional unpaid leave for the purpose of establishing private projects. The study focuses on analyzing the legal framework governing this type of leave, with particular attention to the conditions and limitations attached to its use.
The paper also highlights several legal challenges associated with this amendment, most notably the absence of explicit provisions defining the nature of the projects allowed during the leave period. This lack of clarity opens the door to varying interpretations, which may affect the proper implementation of the law and hinder consistent understanding across different institutions.
Despite these challenges, the study concludes that the amendment represents a positive step toward promoting entrepreneurial spirit and supporting business creation in Algeria. However, it emphasizes the need for complementary regulatory texts to ensure clarity and effectiveness, enabling employees and civil servants to make the most of this opportunity while maintaining the integrity of the legal system and ensuring stable practical application.
Article Details

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Mourad Tiers, The Wage Worker in Algerian Labor Law, Algerian and Comparative Public Law Journal, University of Sidi Bel Abbes, Vol. 4, No. 1 (2018), p. 33. (original in Arabic)
Article 15 of Law 90-11 dated April 21, 1990, concerning labor relations, Official Journal No. 17, issued April 25, 1990. (original in Arabic)
Executive Decree 22-352 dated October 19, 2022, specifying the conditions and procedures for workers to benefit from leave or to resort to part-time work for establishing a private enterprise, Official Journal No. 69, issued October 19, 2022. (original in Arabic)
Article 3 of Law 90-11 (aforementioned): Civilian and military employees affiliated with the Ministry of National Defense, judges, civil servants, and contracted agents in public institutions and administrations at the state, provincial, and municipal levels, as well as employees of public institutions of an administrative nature, are subject to specific legislative and regulatory provisions. (original in Arabic)
Om El-Kheir Boukraa, Disciplining the Civil Servant According to the Provisions of the General Statute of Public Service, Al-Mufakkir Journal, University of Biskra, Vol. 8, No. 1 (2013), p. 77. (original in Arabic)
Presidential Decree 07-308 dated September 29, 2005, specifying the procedures for employing contracted agents, their rights and duties, the components of their salaries, management rules, and applicable disciplinary regulations, Official Journal No. 61, issued September 30, 2007. (original in Arabic)
Article 4 of Executive Decree 23-93 determining the procedures and conditions for employees to benefit from unpaid leave, dated March 5, 2023, Official Journal No. 15, issued March 12, 2023. (original in Arabic)
Article 64 of Law 90-11, and Articles 164 and 150 of Decree 06-03. (original in Arabic)
Executive Decree No. 97-473 dated December 8, 1997, concerning part-time work, Official Journal No. 82, issued December 14, 1997. (original in Arabic)
Mourad Tiers, op. cit., p. 46. (original in Arabic)
Siham Qiroud, Khalil Ghasham, The Philosophy of Exceptional Leave for Employees to Establish Enterprises in Light of Quality Standards in Lawmaking, Journal of Social and Human Sciences, Batna, Vol. 24, No. 1, June 2023, p. 408. (original in Arabic)
Article 56 ter 3 of Law 90-11 (amended), and Article 206 ter 3 of Law 22-22 amending the Public Service Law. (original in Arabic)
Article 3 of Executive Decree 22-352 (aforementioned), and Article 2 of Executive Decree 23-93 (aforementioned). (original in Arabic)
Siham Qiroud, Khalil Ghasham, op. cit., p. 414. (original in Arabic)
Article 10 of 22-352 (aforementioned), and Article 3 of Executive Decree 23-93 (aforementioned). (original in Arabic)
Article 3 of Law 83-11 dated July 2, 1983, concerning social insurance, Official Journal No. 28, issued July 5, 1983. (original in Arabic)
Article 56 ter 3 of Law 90-11 and Article 11 of Executive Decree 23-93 (aforementioned). (original in Arabic)
Article 13 of Executive Decree 22-352 (aforementioned) and Article 11 of Executive Decree 23-93 (aforementioned). (original in Arabic)
Article 13 of Executive Decree 22-352 (aforementioned). (original in Arabic)
Bousaadia Dalila, op. cit., p. 95. (original in Arabic)
Article 12 of Executive Decree 22-352 (aforementioned). (original in Arabic)
Article 10 of Executive Decree 23-93 (aforementioned). (original in Arabic)
Articles 68 of Law 90-11 and 216 of Decree 06-03 (aforementioned). (original in Arabic)
Mehdi Bakhda, The Legal Framework of Resignation – A Study in Public Service Legislation, Academy Journal of Social and Human Sciences, University of Chlef, Vol. 11, No. 2, 2019, p. 45. (original in Arabic)
Article 56 ter 5 of Law 22-16 (aforementioned) and Article 206 ter 6 of Law 22-22 (aforementioned). (original in Arabic)