Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 5 of the Convention. With reference to its previous comments, the Committee recalls that section 49 of Decree No. 74-499 of 27 April 1974 respecting the old-age, invalidity and survivors’ schemes in the non-agricultural sector and section 77 of Act No. 81-6 of 12 February 1981 to organize social security schemes in the agricultural sector provide that the grant of the above benefits to nationals of Tunisia is subject to the applicant residing in Tunisia at the date on which the application is made, although this requirement is lifted for foreign nationals of countries which are bound to Tunisia by a bilateral or multilateral social security agreement.

In reply, the Government states that, on the basis of the above provisions, the requirement of residence in Tunisia for the grant of pensions is also lifted for Tunisian nationals in the event of the assignment of a Tunisian worker to an enterprise based in a country with which Tunisia has concluded a social security agreement, or in the event of a temporary stay in the country of origin of the worker and her or his dependents. In view of the fact that cases of assignment or temporary stay abroad are not mentioned in the provisions referred to by the Government, the Committee would be grateful if the Government would indicate by virtue of which provisions of laws or regulations the residence requirement is lifted in the above cases and provide a copy of them. However, with regard to the requirement for Tunisian nationals to be resident in Tunisia at the time on which the application for benefit is made, the Government indicates that the Committee’s comments will be taken into consideration in the revision of the texts in question. The Committee therefore once again hopes that the Government will endeavour to take the necessary measures to ensure, in accordance with Article 5 of the Convention, that Tunisian nationals, in the same way as the nationals of any other State which has accepted the obligations of the Convention for the corresponding branch, and not only those covered by a reciprocal scheme under bilateral or multilateral social security agreements, are guaranteed the provision of long-term benefits in case of residence abroad, without any restriction and regardless of whether they are resident in Tunisia at the time of the application or when the pension is due.