Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the Government's report. It has also taken note of the report of the Committee on Freedom of Association concerning complaints against Tunisia (Case No. 1327) approved by the Governing Body at its 236th and 239th Sessions, May-June 1987 and February-March 1988, respectively.

1. In its previous observation, the Committee urged the Government to take measures in accordance with the recommendations of the Committee on Freedom of Association with a view to re-establishing in full a trade union situation in conformity with the guarantees laid down by the Convention.

Reintegration of dismissed workers.

The Committee notes with interest from the Government's report that the agreement of 25 May 1988 between the UGTT and the Government provides for the reintegration of all public sector workers dismissed for trade union activities and that section 1 of Act No. 88-98 of 18 August 1988 provides an amnesty for persons sentenced for offences committed while they were members of a trade union organisation. The Decree drawing up the list of persons covered by this amnesty is in the process of being published.

The Committee requests the Government to keep it informed of the implementation of measures to reintegrate and grant an amnesty to the persons concerned.

Normalisation of trade union activities.

The Committee notes that a National Trade Union Commission whose membership covers all the different leanings was set up on 1 May 1988 with a view to renewing the basic structures and holding an extraordinary congress of the UGTT, in conformity with the principles of freedom of association. To facilitate the work in process, the Government has authorised, by means of Circular No. 62 of 15 August 1988 issued by the Prime Minister, the convening of congresses on the premises of public enterprises and the use of the meeting rooms of such enterprises for this purpose. In addition, Circular No. 66 of 22 August 1988 issued by the Prime Minister authorises public administrations and enterprises to withhold trade union dues at source upon request of public employees and agents wishing to join the UGTT. The Committee also notes that the dialogue between the Government and the workers has been resumed and that the workers were associated, through the UGTT National Trade Union Commission, with the drafting of the national Pact signed on 7 November 1988 and that the number of their representatives on the Economic and Social Council has increased from six to ten in accordance with Basic Act No. 88-12 of 7 March 1988.

The Committee requests the Government to continue to provide information on the measures taken to improve trade union life and on the work of the above National Trade Union Commission.

2. In its previous observation, the Committee expressed the hope that the Bill to revise the Labour Code would be adopted in the near future so as to bring the provisions of the Labour Code concerning the right to strike, which have been the subject of comments for several years, into conformity with the Convention, namely:

- sections 376 bis and 387 of the Code which prescribe that the central trade union organisation must give its approval for a strike to be called;

- sections 384 to 386 of the Code which provide for the ability to impose compulsory arbitration to end a strike that may affect the national interests;

- section 389 which provides for the ability to requisition workers where a strike is considered to be such as to affect the vital interests of the nation.

The Committee notes from the Government's report that the above Bill, which has been the subject of broad consultations, is to be examined item by item by the Council of Ministers before being adopted by the Chamber of Deputies. Thus, after examining the Bill concerning the representation of staff in enterprises, the Council of Ministers is to address the question of aligning national legislation with international labour standards.

In this context, the Committee wishes to recall that, while the proposed amendments to the provisions of the Labour Code on which it has already given its opinion in previous comments, tend towards a better application of the Convention, the proposed amendment whereby an absolute majority of the workers concerned is needed to call a strike should be modified so that the decision to have recourse to a strike may be taken by a simple majority of the voters in an enterprise (excluding workers not participating in the ballot). The Committee again draws the Government's attention to the need to amend section 389 of the Code in order to confine the authorities' power to requisition workers to cases in which a strike would affect essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee trusts that it will be possible for the Bill relating to the above provisions to be re-examined in the light of its comments and to be adopted in the near future. It requests the Government to provide information on the progress made in harmonising its legislation with the Convention.