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Protection of Wages Convention, 1949 (No. 95) - Tunisia (RATIFICATION: 1958)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Article 16 of the Convention. Implementing measures. The Committee has made, for several years, comments on the absence of specific provisions giving effect to several Articles of the Convention, namely, Articles 4 (partial payment of wages in kind), 6 (freedom of workers to dispose of their wages), 7 (works stores), 8 (deductions from wages) and 12 (final settlement of wages due upon the termination of an employment contract). In its previous reports, the Government often indicated that the national law and practice were in conformity with the requirements of the Convention without referring to precise provisions which would have transposed obligations arising from the abovementioned Articles to the national legislation. In its last report, the Government indicated that a tripartite committee was to be established after the ratification of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and would be asked, among others things, to study the case of non-conformity in national legislation governing salary protection with the provisions of the Convention. The Committee accordingly hopes that the tripartite committee in question would examine in the very near future the gaps in national legislation governing wage protection, and that all necessary action would be taken to introduce into the Labour Code specific provisions giving effect to provisions of the Articles of the Convention indicated below.
Article 4. Partial payment of wages in kind. The Committee recalls that sections 134-2 and 139 of the Labour Code provide that remuneration may include allowances in kind in accordance with regulations or agreements. The Committee requests the Government to provide copies of the regulations or agreements containing the specific conditions and limits under which partial payment of wages in kind is authorized.
Article 6. Freedom of workers to dispose of their wages as they wish. The Committee notes that the Government does not provide any information concerning the prohibition of employers to limit the freedom of workers to dispose of their wages as they wish. As mentioned in paragraph 178 of its General Survey of 2003 on protection of wages, the Committee recalls that “the wording of Article 6 implies the existence of an appropriate legislative provision specifically prohibiting employers from exercising any kind of constraint on the use made by workers of their wages”. The Committee hopes that the Government will take the necessary measures to ensure that the provisions of the Convention are given full effect in this regard.
Article 7. Works stores. The Committee requests the Government to indicate whether works stores still exist and, if so, how it is ensured, in law and in practice, that no constraint is applied to workers who wish to make use of these works stores.
Articles 8 and 9. Deductions from wages. The Committee notes that section 143(7) of the Labour Code provides for an obligation of employers to provide workers, when their wages are paid, with a payslip indicating, in particular, the nature and amount of deductions from gross wages. Moreover, the Committee notes that the provisions, such as sections 150 and 333, provide for the conditions applicable to certain deductions, without indicating whether these are the only forms authorized for deduction from wages. The Committee recalls that Article 8(1) of the Convention provides that deductions from wages are only authorized under conditions and to the extent prescribed by national laws and regulations or fixed by collective agreement or arbitration award. The Committee refers in this regard to paragraph 216 of the General Survey mentioned above in which it considered that “this Article of the Convention is considered as fully applied by those States whose national laws and regulations enumerate the types of deductions authorized, if any, and also prohibit any other deductions”. The Committee accordingly requests the Government to indicate how effect is given to this provision of the Convention.
Article 12(2). Final wage settlement upon the termination of an employment contract. The Committee notes that while section 140 of the Labour Code provides for payment of wages at regular intervals and thereby giving effect to Article 12(1) of the Convention, no legal provisions appear to provide for the final settlement, within a reasonable time period, of all wages due upon the termination of an employment contract, as required by Article 12(2). The Committee therefore requests the Government to indicate whether there are any legal provisions which ensure final wage settlement, within a reasonable time period upon the termination of an employment contract, and, if not, the Committee hopes that the Government will take measures promptly for this purpose.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
The Committee notes the information provided by the Government, in particular the explanations concerning the application of Article 10 (attachment and assignment of wages) and Article 14 (keeping workers informed of wage conditions) of the Convention.
Article 4. Partial payment of wages in kind. While noting section 139 of the Labour Code which provides that allowances in kind are permitted in accordance with relevant regulations or collective agreements, the Committee requests the Government to provide detailed information on how it is ensured in law and practice that allowances in kind are authorized only if they are appropriate for the personal use and benefit of workers and their families and that the value attributed to such allowances is fair and reasonable.
Article 6. Freedom of workers to dispose of their wages. The Committee notes that there is no express provision in the Labour Code prohibiting employers from limiting workers’ freedom to dispose of their wages, as prescribed by this Article of the Convention. In this connection, the Committee wishes to refer to paragraph 210 of its 2003 General Survey on the protection of wages in which it pointed out that “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form or manner, directly or indirectly, and not simply in respect of company stores, can be regarded as giving full effect to the requirements of the Convention [and that] other legislative measures, such as the exhaustive enumeration of authorized deductions, combined with an explicit provision to the effect that any deductions other than those explicitly permitted by law are unlawful and without effect, may be deemed to give only partial effect to the obligation laid down in Article 6 of the Convention”. The Committee therefore requests the Government to consider the possibility of introducing in the Labour Code at the next possible opportunity a specific provision implementing the requirement of this Article of the Convention.
Article 7. Works stores. With further reference to its previous comment on this point, the Committee requests the Government to indicate whether works stores continue to operate in practice, and if so, how the workers’ right to make use of such stores, only if they so wish, is guaranteed.
Articles 8 and 9. Deductions from wages. The Committee notes that the Government’s reply on this point does not contain any new information. It therefore asks the Government once again to specify the legal provisions enumerating the grounds on which deductions from wages may be made and regulating the conditions for such deductions. It also asks the Government to indicate how it is ensured that no deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment is authorized, as prescribed by Article 9 of the Convention.
Article 12(2). Final settlement of wages upon termination of employment. The Committee notes the Government’s reference to section 140 of the Labour Code, which fixes the pay intervals for those remunerated on a daily, weekly or monthly basis. This provision, however, may be relevant, but not sufficient in itself to give effect to the requirement for a prompt settlement of all wages due upon the termination of a contract of employment. As the Committee pointed out in paragraph 398 of the 2003 General Survey on protection of wages, “the principle of the regular payment of wages, as set out in Article 12 of the Convention, finds its full expression not only in the periodicity of wage payments, as may be regulated by national laws and regulations or collective agreements, but also in the complementary obligation to settle swiftly and in full all outstanding payments upon the termination of the contract of employment”. The Committee therefore requests the Government to further explain how it is ensured that workers can obtain final payment within a reasonably short period of time when their contract comes to an end.
Part V of the report form. The Committee would appreciate if the Government would continue supplying up to date information on the practical application of the Convention including, for instance, the number of workers who are subject to the relevant legislation, copies of collective agreements containing clauses on pay conditions, inspection results, information concerning any difficulties experienced in the timely payment of wages in the private or public sector, etc. The Committee would also appreciate receiving a copy of the general collective agreement to which reference was made in the Government’s report.

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The Committee notes the information provided by the Government, in particular the explanations concerning the application of Article 10 (attachment and assignment of wages) and Article 14 (keeping workers informed of wage conditions) of the Convention.

Article 4. Partial payment of wages in kind. While noting section 139 of the Labour Code which provides that allowances in kind are permitted in accordance with relevant regulations or collective agreements, the Committee requests the Government to provide detailed information on how it is ensured in law and practice that allowances in kind are authorized only if they are appropriate for the personal use and benefit of workers and their families and that the value attributed to such allowances is fair and reasonable.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that there is no express provision in the Labour Code prohibiting employers from limiting workers’ freedom to dispose of their wages, as prescribed by this Article of the Convention. In this connection, the Committee wishes to refer to paragraph 210 of its 2003 General Survey on the protection of wages in which it pointed out that “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form or manner, directly or indirectly, and not simply in respect of company stores, can be regarded as giving full effect to the requirements of the Convention [and that] other legislative measures, such as the exhaustive enumeration of authorized deductions, combined with an explicit provision to the effect that any deductions other than those explicitly permitted by law are unlawful and without effect, may be deemed to give only partial effect to the obligation laid down in Article 6 of the Convention”. The Committee therefore requests the Government to consider the possibility of introducing in the Labour Code at the next possible opportunity a specific provision implementing the requirement of this Article of the Convention.

Article 7. Works stores. With further reference to its previous comment on this point, the Committee requests the Government to indicate whether works stores continue to operate in practice, and if so, how the workers’ right to make use of such stores, only if they so wish, is guaranteed.

Articles 8 and 9. Deductions from wages. The Committee notes that the Government’s reply on this point does not contain any new information. It therefore asks the Government once again to specify the legal provisions enumerating the grounds on which deductions from wages may be made and regulating the conditions for such deductions. It also asks the Government to indicate how it is ensured that no deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment is authorized, as prescribed by Article 9 of the Convention.

Article 12(2). Final settlement of wages upon termination of employment.  The Committee notes the Government’s reference to section 140 of the Labour Code, which fixes the pay intervals for those remunerated on a daily, weekly or monthly basis. This provision, however, may be relevant, but not sufficient in itself to give effect to the requirement for a prompt settlement of all wages due upon the termination of a contract of employment. As the Committee pointed out in paragraph 398 of the 2003 General Survey on protection of wages, “the principle of the regular payment of wages, as set out in Article 12 of the Convention, finds its full expression not only in the periodicity of wage payments, as may be regulated by national laws and regulations or collective agreements, but also in the complementary obligation to settle swiftly and in full all outstanding payments upon the termination of the contract of employment”. The Committee therefore requests the Government to further explain how it is ensured that workers can obtain final payment within a reasonably short period of time when their contract comes to an end.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the number of labour inspection visits conducted in 2006 and the number and nature of wage-related offences observed. The Committee would appreciate if the Government would continue supplying up to date information on the practical application of the Convention including, for instance, the number of workers who are subject to the relevant legislation, copies of collective agreements containing clauses on pay conditions, inspection results, information concerning any difficulties experienced in the timely payment of wages in the private or public sector, etc. The Committee would also appreciate receiving a copy of the general collective agreement to which reference was made in the Government’s report.

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The Committee notes the Government’s report and the adoption of Act No. 96-62 of 15 July 1996 amending the Labour Code. In this connection, it wishes to draw attention to the following points.

Article 4 of the Convention. The Committee notes that under article 139 of the Labour Code the payment of wages in the form of allowances in kind is permitted. It nevertheless requests the Government to indicate the legislative provisions that prohibit the payment of wages in the form of alcohol or narcotic substances. The Committee also hopes that the Government will not fail, in conformity with the requirements of the Convention, to take the necessary measures to ensure that the partial payment of wages in the form of allowances in kind is limited to industries or occupations where it is customary or desirable, that, where authorized, such allowances are appropriate for the personal use and benefit of the worker and his/her family, and that the value of such allowances is fair and reasonable.

Article 6. In the light of the provision of article 138 of the Labour Code, the Committee requests the Government to indicate measures taken or contemplated to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his/her wage, as set forth under this Article.

Article 7. The Committee asks the Government to supply concrete information regarding the establishment and operation of work stores or related services, and further to specify the measures taken or envisaged to guarantee that the workers concerned are free from any coercion to make use of such stores or services, as prescribed in this Article.

Article 8. While noting the provision of article 150 of the Labour Code which provides for successive deductions not exceeding one-tenth of the wages due in case of an advance payment made by the employer to the worker, the Committee requests the Government to supply further information on the types and conditions under which deductions may be made and to indicate the provisions regulating such deductions.

Article 9. The Committee asks the Government to specify the legislative provision formally prohibiting any deduction from wages representing payment by the worker to the employer or to an agent of the employer for obtaining or retaining employment, as required under this Article.

Article 10. The Committee notes that the Government refers to the Code on Civil and Commercial Procedure regarding the manner and limits for the attachment and assignment of wages. It would be grateful if the Government could supply the text of the relevant provisions of the above Code.

Articles 12(2) and 14(a). The Committee requests the Government to indicate the legislative or regulatory provisions giving effect to the requirements of the Convention with respect to the final settlement of all wages due upon the termination of an employment contract, and the notification of wage conditions to workers before they enter employment and when any changes take place.

Part V of the report form. The Committee requests the Government to include appropriate information in future reports on the enforcement of national legislation regarding wage protection, particularly on the results of inspection visits, the number and nature of the violations observed, and the penalties imposed.

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