Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. The Committee notes that the Government’s report does not contain any reply to the issues raised in its previous comment concerning the determination of 16 years, under section 242 of the Labour Code, as the minimum age for joining a trade union, unless the father or guardian expresses opposition. The Committee recalls that it considers that the minimum age for joining a trade union in full freedom should be the same as that determined for admission to employment, and that this should not be dependent upon parental authorization. The Committee therefore once again requests the Government to amend section 242 so as to ensure that young persons having reached the legal age to work, even as apprentices, have the right to join trade unions without parental authorization.

Article 3. Right of workers’ organizations to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes. 1. The Committee notes the Government’s observations in its report concerning the limitation on the right of access of foreign nationals to hold office as trade union leaders under section 251 of the Labour Code, which provides that foreign nationals may hold administrative or executive office in a trade union provided that they obtain the approval of the Secretary of State for Youth, Sports and Social Affairs. The Government indicates that this provision does not constitute a limitation on the right to organize since foreign nationals may be members of a trade union and exercise the right to strike under the same conditions as Tunisian nationals. The Committee recalls that the right set forth in Article 3 of the Convention implies that the national legislation should allow foreign workers to take up trade union office freely, at least after a reasonable period of residence in the host country, and that making such access conditional upon the approval of the public authorities is liable to make it difficult and arbitrary. The Committee also recalls that the imposition of such conditions on foreign nationals constitutes interference by the public authorities in the internal affairs of a trade union, which is also incompatible with Article 3 of the Convention. The Committee therefore once again requests the Government to amend section 251 so as to guarantee worker’s organizations the right to elect their representatives in full freedom, also from among foreign workers, at least after a reasonable period of residence in the host country.

2. With regard to section 376ter of the Labour Code, which provides that the notice of strike action must give an indication of the duration of the strike, the Committee notes that the Government’s latest report does not contain any reference to this subject. The Committee recalls that the fact of subjecting workers and their organizations to the obligation of specifying the duration of a strike could restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee therefore once again requests the Government to amend the legislation so as to ensure that no legal obligation to specify the duration of the strike is imposed on workers’ organizations.

3. With regard to the list of essential services determined by decree under section 381ter of the Labour Code, the Committee notes that the Government’s latest report indicates that no list has yet been issued. While noting the Government’s indication that no requisition order in the event of a strike jeopardizing an essential service (section 389 of the Labour Code) has been issued due to the absence of such a list, the Committee observes that no information has been provided with regard to the use by the Prime Minister of the power conferred upon her or him by section 381ter of the Labour Code. Recalling that this section of the Labour Code allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term, and noting that the Government’s latest report provides no information in this respect, the Committee requests the Government to indicate in practice the cases in which the Prime Minister makes use of this power to submit a dispute to arbitration, under the terms of section 381ter of the Labour Code.