The Executive Decree No. 26-76 of 25 Rajab 1447 corresponding to 14 January 2026, published in Official Journal No. 08 of 27 January 2026, introduces a clear and mandatory regulatory framework concerning the prevention of drug and/or psychotropic substance use during recruitment, both in the public sector and the private sector.

This text marks an important step in the national policy of securing work environments, protecting workers' health and strengthening transparency in recruitment procedures.

In this article, we offer a structured and operational reading of the decree, intended for employers, HR managers, candidates, legal officers and company executives.

1. Objectives and Scope of the Decree

1.1. Purpose of the text

The decree's main objective is:

• to prevent the introduction and use of drugs and psychotropic substances in the workplace;
• to guarantee a healthy, secure professional environment compliant with public health requirements;
• to unify screening practices during recruitment across all sectors.

It falls within the application of article 5 bis 9 of Law No. 04-18 relating to the prevention and suppression of illicit drug use and trafficking.

1.2. Entities concerned

The provisions of the decree apply to all applications for positions within:

• public administrations, establishments and institutions;
• establishments of general interest;
• establishments open to the public;
• private sector companies and organizations.

In other words, no sector is excluded.

2. Obligation of Screening Tests During Recruitment

2.1. A mandatory condition of the recruitment file

Henceforth, every recruitment file, in the public and private sector alike, must compulsorily include:

• negative screening tests proving the absence of consumption of drugs and/or psychotropic substances.

This obligation also extends to:

• civil servants and workers applying for professional examinations, internal competitions or promotion tests.

2.2. Consequence in the absence of tests

In accordance with article 10 of the decree:

• any file that is incomplete or does not include negative tests is rejected, subject to the special cases provided for in article 7.

3. Screening Test Procedures

3.1. Authorized laboratories

Analyses must be carried out exclusively:

• in laboratories approved by the Ministry of Health;
• according to standards guaranteeing the accuracy, reliability and traceability of results.

The official list of authorized laboratories will be established by ministerial order.

3.2. Nature of analyses

Screening tests consist of detecting the use of one or more substances classified as narcotics or psychotropics under current regulations.

Analyses may be carried out on:

• blood;
• saliva;
• or any other scientifically recognized biological sample.

3.3. Validity period

Test results are valid for a period of:

• three (3) months from the date of their establishment.

They may be used for multiple recruitment files, as long as this validity period is respected.

4. Digitalization, Traceability and QR Code

The decree introduces an important technological dimension:

• results may be recorded electronically and/or on paper;
• the use of QR Code technology is authorized to:
  • identify the candidate;
  • identify the testing laboratory;
  • verify the authenticity and results of the tests.

Public and private employers are authorized to:

• verify the authenticity of documents and results;
• access the databases of issuing authorities, in compliance with the law.

5. Personal Data Protection and Confidentiality

The decree places major importance on privacy protection:

• data from analyses is subject to Law No. 18-07 relating to the protection of personal data;
• laboratories are legally bound by a strict confidentiality obligation;
• any unauthorized disclosure of results exposes the person responsible to criminal penalties.

6. Special Cases: Medical Use of Substances

The legislator has provided for a balanced and non-discriminatory approach.

6.1. Use for medical reasons

Candidates using psychotropic or equivalent substances for medical reasons must:

• declare the substances used;
• provide a supporting medical certificate in their file.

In the private sector:

• the opinion of the occupational physician may be required.

6.2. No definitive exclusion

The decree explicitly states that:

• these provisions do not constitute grounds for definitive exclusion from recruitment.

The persons concerned may apply again:

• after having followed the curative measures provided for by Law No. 04-18.

7. Anti-Fraud Measures and Penalties

The text provides for clear deterrent mechanisms:

• presenting falsified or inaccurate tests is liable to the penalties provided by law;
• unlawful disclosure of results is criminally punishable.

These provisions strengthen the credibility of the system and protect both the employer and the candidate.

8. Compliance of Companies and Administrations

Public and private establishments have a maximum period of:

• six (6) months from the publication of the decree

to:

• update their internal regulations;
• adapt their recruitment procedures;
• raise awareness among HR and legal services.

Conclusion

Executive Decree No. 26-76 of 14 January 2026 establishes a modern, balanced and structuring legal framework for the Algerian labour market.

It responds to a triple challenge:

• safety and health at work;
• transparency and fairness in recruitment;
• protection of candidates' rights and privacy.

For companies, this now represents a regulatory compliance lever, but also a tool for prevention of human, legal and organizational risks.

Anticipating and rigorously implementing these provisions will make it possible to avoid any risk of non-compliance and to strengthen the credibility of HR processes.