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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Tunisia (Ratification: 1957)

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Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which contain allegations of violations of the right to collective bargaining, a Circular (No. 20) from the Head of State having been sent in December 2021 to all ministries and government institutions to prohibit any person from negotiating with the trade unions without the prior authorization of the Head of Government. In this regard, the Committee notes the Government’s reply, dated 28 October 2022, according to which the objective of Circular No. 20, which requires prior authorization from the President of the Government before launching negotiations with the trade unions, is linked to the examination of requests from the unions in order to check their conformity with the legal provisions and the extent of their financial impact on the budget of the State. However, the Government adds that an agreement was reached at a meeting held by the Presidency on 14 September 2022 on salary increases for civil servants and other public sector employees and on the amendment of Circular No. 20, in order, firstly, to guarantee the right to free collective bargaining and, secondly, to ensure coordination between the various conflicting interests. In order to ensure full observance of the Convention, the Committee requests the Government to provide a copy of the revised Circular and information on its implementation in practice. The Committee also notes with regret that the Government has still not provided its comments on the 2014 observations of the ITUC regarding the non-observance of collective agreements in two specific cases (remuneration of refuse workers; biscuit-making sector). More than six years after the occurrences, the Government merely indicates that the information requested will be sent once the data has been obtained from the administrative departments concerned. The Committee trusts that the Government will show greater cooperation in the future and will provide information on the remedies found in these two cases.

Article 4 of the Convention. Promotion of collective bargaining. With regard to the question raised in its previous comments concerning the refusal of approval or the cancellation of a collective agreement under sections 38–41 of the Labour Code, the Committee notes the Government’s indication that this is an eventuality which is not substantiated in practice. While duly noting this information, the Committee recalls that any provision authorizing in general terms the approval or cancellation of collective agreements by the authorities represent a risk of not being compatible with the Convention. The Committee therefore requests the Government to take the necessary steps, in consultation with the social partners, to revise the above-mentioned provisions in order to ensure the full conformity of the national legislation with Article 4 of the Convention.

Right to collective bargaining in practice. The Committee notes the Government’s indication that there are 54 sectoral collective agreements in force, covering some 1.5 million workers. The Committee requests the Government to: (i) continue providing information on the number of agreements and accords concluded in the country and the number of workers covered; and (ii) provide information on the steps taken to promote collective bargaining in the various sectors of the economy.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee previously referred to the observations of the International Trade Union Confederation (ITUC), received in September 2015, concerning disputes that arose in 2014 with regard to the implementation of the collective agreements in force in one situation involving the remuneration of refuse workers at the national level and in another involving a biscuit-making enterprise. The Committee once again requests the Government to provide its comments in this regard, and to indicate the remedies found.

The Committee notes Act No. 2017-54 of 24 July 2017 establishing the National Social Dialogue Council and its responsibilities and methods of working. It notes that the Council’s responsibilities comprise, inter alia, the supervision of national social dialogue, including collective bargaining.

The Committee also previously requested the Government to specify the criteria applied in practice by the Secretariat of State for Youth, Sports and Social Affairs to grant or deny approval, pursuant to section 38 of the Labour Code, or to annul a collective agreement in force, pursuant to section 41 of the Labour Code. The Committee notes the Government’s response indicating that, under Act No. 2017-54 of 24 July 2017, the decisions in question shall be based on the opinion of the National Social Dialogue Commission, replaced by the National Social Dialogue Council under Act No. 2017-54 of 24 July 2017. The Committee also notes the information provided regarding the terms of review for the whole or part of a collective agreement provided for in the 1973 framework collective agreement governing the non-agricultural sector and in all of the 54 sectoral collective agreements. The Committee recalls that it has always considered interventions by the authorities that have the effect of cancelling or modifying the content of collective agreements freely concluded by the social partners to be contrary to the principle of free and voluntary negotiation. It also recalls that provisions establishing the obligation to submit collective agreements for prior approval by the authorities are only compatible with the Convention when they are confined to stipulating that approval may be refused if the agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation (see 2012 General Survey on the fundamental Conventions, paragraphs 200 and 201). Any provision authorizing in general terms the approval or cancellation of collective agreements by the authorities represents a risk of not being compatible with the Convention. The Committee requests the Government, where applicable, to provide information on any situations in which recourse has been made to sections 38 and 41 of the Labour Code or the reasoned opinion of the National Social Dialogue Council has been requested regarding the approval of a collective labour agreement. Where applicable, the Committee requests the Government to provide information on the situations in which the opinion of the National Social Dialogue Council and/or the minister of the competent government authority have led to the denial of approval or cancellation of a collective agreement duly signed by the parties. The Committee also requests the Government to envisage, in consultation with the social partners, the revision of the above provisions in order to avoid any risk of incompatibility with Article 4 of the Convention as a result of their application.

Right to collective bargaining in practice. Noting the Government’s indication that there are 54 sectoral collective agreements in force, the Committee requests the Government to continue providing information on the number of agreements concluded in the country, with an indication of the number of workers covered.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received in 2013 and 2014, and those received on 1 September 2015. It notes that these observations denounce legal provisions that limit the right to collective bargaining by giving the Secretariat of State for Youth, Sports and Social Affairs powers that are too broad to grant approval and impose penalties with regard to collective agreements at the branch level (sections 38 and 41 of the Labour Code), or by restricting the possibility of concluding enterprise agreements (section 44 of the Labour Code). Moreover, the Committee notes that the ITUC denounces disputes on the implementation of collective agreements in 2014 in a case concerning the remuneration of refuse workers at the national level and in another case concerning a biscuit-making enterprise. The Committee recalls in its 2012 General Survey on the fundamental Conventions, paragraph 201, that in its view, a provision establishing the obligation to submit collective agreements for prior approval by the authorities is only compatible with the Convention when it is confined to stipulating that approval may be refused if the agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation. Any provision that authorizes in general terms the evaluation or cancellation of collective agreements by the authorities is liable, in principle, to give rise to problems of compatibility with the Convention. While appreciating the information provided on the subjects covered by collective bargaining in 2014 in the public and private sectors, the Committee requests the Government to reply to the observations of the ITUC referred to above. In particular, the Committee requests the Government to specify the criteria applied in practice by the authorities to grant or deny approval pursuant to section 38 of the Labour Code, or to annul a collective agreement in force pursuant to section 41 of the Labour Code.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report does not contain any reply to the comments dated 29 August 2008 and 24 August 2010 from the International Trade Union Confederation (ITUC) relating, in particular, to acts of anti-union discrimination. It notes the latest comments from the ITUC dated 4 August 2011. The Committee requests the Government to send its observations concerning the comments from the ITUC.

Article 4 of the Convention. The Committee notes the Government’s reply to its request to send detailed information on the collective agreements in force. It notes, in particular, that 51 sectoral collective agreements, applying to more than 1 million workers employed in non-agricultural activities covered by the Labour Code, were revised in 2008 and that collective bargaining also occurred in the public sector, including the civil service.

As regards its request for information on the exercise of trade union rights by temporary or self-employed workers, the Committee notes the Government’s indication that section 2 of the framework collective agreement states that temporary workers have the same rights as permanent workers with regard to freedom of association and opinion, protection in the performance of their duties, issuing of payslips and certificates of employment, hours of work, pay for night work, overtime, weekly rest, public holidays and holidays with pay, just as they are subject to the same disciplinary provisions, and that workers hired on fixed term contracts receive basic wages and allowances which cannot be less than the basic wages and allowances awarded under the provisions of regulations or collective agreements to permanent workers having the same vocational qualifications. The Committee also notes the statement that the same provisions are incorporated in all sectoral collective agreements.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 4 of the Convention. In its previous comments, the Committee noted the comments of August 2006 from the International Confederation of Free Trade Unions (ICFTU) concerning the recruitment of temporary workers by subcontracting agencies in order to avoid unionization in certain industries, such as textiles, construction and the hotel trade. The Government indicates that temporary workers have the same union rights under the terms of the standard collective agreement. The Committee also notes that the Government indicates in its 2008 report that the current year in the labour sphere has been characterized by collective bargaining on wages and conditions of work, relating to 51 sectoral agreements and also concerning the civil service and state enterprises. The Committee requests the Government to provide detailed information on these agreements, as was its stated intention, including the approximate number of workers covered by the collective agreements in force, and to provide information on all measures for the promotion of collective bargaining. The Committee also requests the Government to provide information on the exercise of trade union rights by temporary or self-employed workers, including complaints submitted to the authorities and any collective agreement signed on behalf of these workers or which applies to them.

Observations from the International Trade Union Confederation (ITUC). The Committee noted the comments dated 29 August 2008 from the ITUC concerning acts of anti-union discrimination in the education sector, particularly anti-union reprisals, intimidation of trade union members and refusal by the authorities to initiate collective bargaining with a federation in the higher education sector. The Committee regrets that the Government has not replied to these allegations, despite their gravity, and again requests the Government to send its observations on these points.

Finally, the Committee requests the Government to provide its observations on the comments submitted by the ITUC dated 24 August 2010.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 4 of the Convention. In its previous comments, the Committee noted the observations of August 2006 from the International Confederation of Free Trade Unions (ICFTU) concerning the recruitment of temporary workers by subcontracting agencies in order to avoid unionization in certain industries, such as textiles, construction and the hotel trade. In its reply received in November 2006, the Government indicates that temporary workers have the same union rights under the terms of the standard collective agreement. The Committee also notes that the Government indicates in its 2008 report that the current year in the labour sphere has been characterized by collective bargaining on wages and conditions of work, relating to 51 sectoral agreements and also concerning the civil service and state enterprises. The Committee requests the Government to provide detailed information on these agreements, as was its stated intention, including the approximate number of workers covered by the collective agreements in force, and to provide information on all measures for the promotion of collective bargaining. The Committee also requests the Government to provide information on the exercise of trade union rights by temporary or self-employed workers, including complaints submitted to the authorities and any collective agreement signed on behalf of these workers or which applies to them.

Observations from the ITUC. The Committee previously noted the observations made in 2006 by the ICFTU relating to cases of wrongful dismissal and harassment of trade union leaders and activists in the private sector. The Committee notes that the Government replies that, as regards the dismissal of women workers in a textiles company and a medical products company because of unionization, an action for compensation has been brought before the labour tribunal. With regard to the dismissal of a trade union official in a public works company, the Government indicates that an out-of-court settlement has been reached between the parties.

The Committee notes the observations dated 29 August 2008 from the ITUC concerning acts of anti-union discrimination in the education sector, particularly anti-union reprisals, intimidation of trade union members and refusal by the authorities to initiate collective bargaining with a federation in the higher education sector. The Committee requests the Government to send its comments on these points.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report. Its also notes the observations of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) alleging that trade union activists have been wrongfully dismissed and harassed in the private sector and that in some industries, such as textiles, building and the hotel trade, temporary workers have been recruited by subcontracting agencies in order to avoid unionization. The Committee received the Government’s reply to these comments during its meeting. The Committee will examine them at its next meeting. The Committee requests the Government to send its comments on these matters in its next report.

According to the information supplied by the Government, in terms of labour matters, the year 2005 was marked by collective bargaining on wages and working conditions, the negotiations covered 51 sectoral agreements and concerned the public service and public enterprises. The Committee takes due note of this information.