Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 378, Juin 2016

1. 758. The Committee last examined this case at its October–November 2015 meeting and presented an interim report to the Governing Body [see 376th Report, paras 992–1008, approved by the Governing Body at its 325th Session].
2. 759. The Government sent its observations in a communication dated 8 March 2016.
3. 760. Tunisia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 761. At its October–November 2015 meeting, the Committee made the following recommendations [see 376th Report, para. 1008]:
   • (a) The Committee urges the Government to restore the system for the collection of union dues of CGTT members in the public sector, in order to avoid any discrimination and to prevent any impact on the freedom of workers to form or join trade unions.
   • (b) The Committee urges the Government to provide further information on its statements regarding the leaders of the CGTT who were penalized following the TUNIS AIR strike in May 2012, so that the complainant organization may respond. More generally, the Committee requests the Government to review, together with the CGTT, the situation of the leaders of that body who were allegedly suspended in violation of the principles recalled and, where appropriate, to ensure that they are provided with appropriate compensation. The Committee requests the Government to keep it informed in this regard.
   • (c) The Committee requests the Government and the complainant organization to provide further information on the transfer of Mr Belgacem Aouina, Secretary-General of the CGTT, and to indicate whether he has appealed the decision to transfer him and the outcome, if any.
   • (d) The Committee once again reiterates to the Government its long-standing recommendation to take all necessary measures to set clear and pre-established criteria for trade union representation in consultation with the social partners, and to keep it informed of any progress in this regard. The Committee expects all the organizations concerned to be consulted in this regard and once again reminds the Government that it may avail itself of the technical assistance of the Office, if it so desires.
   • (e) The Committee expects the Government to take all necessary measures to respond urgently and thoroughly to its recommendations and, in the event that, in the present case, the allegations refer to problems in a particular enterprise, the Committee urges the Government to make efforts to obtain the comments of the enterprise, via the employers’ organization concerned, so that the Committee may examine the case in full knowledge of the facts.

B. The Government’s reply

1. 762. In a communication dated 8 March 2016, the Government sent information relating to certain recommendations from the Committee.
2. 763. With regard to the Committee’s recommendation to restore the system for the collection of union dues from the Tunisian General Confederation of Labour (CGTT) members in the public sector, the Government reports the publication, on 4 January 2016, of Circular No. 02 concerning the deduction of union dues from public officials in 2016, for submission to several trade union organizations, in the following trade union confederations: the CGTT, the Union of Tunisian Workers and the Tunisian Labour Organization. This circular, which was sent to the various government services, authorizes them to collect the union dues of members of the abovementioned trade union confederations for 2016. The Government adds that the collection of the union dues is carried out following a written and signed request from the official concerned. Lastly, according to the Government, this circular was welcomed by the Secretary-General of the CGTT as a positive step towards equality between the various trade union bodies.
3. 764. Regarding the Committee’s recommendation about the situation of the trade union leaders of the CGTT who were penalized following the TUNIS AIR strike, the Government states that it contacted the enterprise concerned and received the following reply in January 2016: of all the trade union leaders concerned, only Mr Fazwi Bel’am, member of the executive committee of the primary trade union, was called before the disciplinary board, and this was for reasons that had nothing to do with his union activities, as he had disrupted the smooth operation of a flight on 24 May 2012 by boarding an aeroplane – in an unscheduled manner – and assaulting the flight controller to take the flight documents from him. Mr Bel’am appeared before the disciplinary board, which suspended him for 25 days.
4. 765. As regards the situation of Mr Belgacem Aouina, Secretary-General of the CGTT, the Government repeats that he was assigned to new duties, without loss of his rank of director, in accordance with the discretionary powers of the Chief Executive Officer. The enterprise does not state whether he has lodged an appeal against this reassignment decision.
5. 766. Finally, in response to the recommendations on the determination of trade union representation, the Government states that it has sought, in consultation with the social partners, a system of trade union representation consistent with the economic and social realities and the industrial relations system of the country. Consequently, in January 2014, the Government organized a tripartite seminar, with the support of the International Labour Office, on the legal aspects of the determination of trade union representation. At the end of the seminar it was agreed to continue consultations on the issue, in the framework of a tripartite committee consisting of representatives of the Government, the Tunisian General Labour Union (UGTT), the Tunisian Industry, Trade and Crafts Union (UTICA), and the ILO Office in Tunis, as well as several experts. This committee held several meetings, ending on 22 December 2015. It is envisaged that the work of this committee will be ratified during a second national seminar. Furthermore, the ILO Office in Tunis has supported the Government by preparing a comparative study of the experiences of several countries (Chile, France, Morocco, Portugal, Senegal and Spain) and by formulating a number of proposals.
6. 767. The tripartite committee agreed to draft a bill to review and supplement the Labour Code and to include provisions to govern trade union representation. It will adopt a working method to enable it to address the various problems associated with determining criteria for representation (definition of criteria, election method, collective bargaining system, appeals procedure, and so on).

C. The Committee’s conclusions

1. 768. The Committee recalls that, in this case, the allegations by the CGTT relate to acts of interference by the authorities in its affairs, its exclusion from all national tripartite consultations and anti-union acts by certain enterprises against its leaders.
2. 769. The Committee recalls that, in its previous recommendations, it had urged the Government to restore the system for the collection of union dues of CGTT members in the public sector, in order to avoid any favouritism towards certain trade unions which might be taking advantage of the system and to prevent any impact on the freedom of workers to form or join trade union organizations. The Committee notes the statement that on 4 January 2016 the Government published Circular No. 02 concerning the deduction of union dues from public officials in 2016 for submission to several trade union organizations, including the CGTT. This circular from the head of government to the various ministries authorizes them to deduct the dues of members of the three trade union confederations cited for 2016. The Government adds that this circular was welcomed by the Secretary-General of the CGTT as a positive step towards equality among the various trade union bodies. The Committee welcomes the Government’s circular authorizing union dues check-off for the CGTT in the public sector in 2016, and invites the Government to hold consultations with all the trade union organizations concerned in order to establish a system where all trade union organizations in the public sector can benefit from union dues check-off for their members.
3. 770. The Committee had previously requested the Government to provide further information on the situation of CGTT leaders allegedly penalized following the strike at TUNIS AIR (hereinafter, the enterprise) held from 22 to 24 May 2012. The Committee recalls that, when it last examined the case, it noted the Government’s information that the enterprise had only penalized those strikers who had committed acts endangering aircraft safety. The Committee notes that, according to the information recently sent by the Government on behalf of the enterprise, only Mr Fazwi Bel’am, a member of the executive committee of the primary trade union, was called before the disciplinary board, and this was for reasons that had nothing to do with his union activities, as he had disrupted the smooth operation of a flight on 24 May 2012 by boarding an aeroplane – in an unscheduled manner – and assaulting the flight controller to take the flight documents from him. According to the enterprise, Mr Bel’am appeared before the disciplinary board, which suspended him for 25 days. The Committee observes that the enterprise does not specify whether he has lodged an appeal against this penalty.
4. 771. Furthermore, the Committee notes, in respect of Mr Belgacem Aouina, auditing director and Secretary-General of the CGTT, who was assigned to new duties, that the enterprise reiterates that this reassignment was decided in accordance with the discretionary powers of the Chief Executive Officer. The Committee notes that the enterprise does not specify whether Mr Aouina has lodged an appeal against this reassignment decision. The Committee observes that the complainant organization has not provided the further information that the Committee had asked it to present in support of its allegations of a transfer on anti-union grounds. The Committee considers it useful to recall once again that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures. This protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee has considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers’ organizations shall have the right to elect their representatives in full freedom [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 799].
5. 772. On the basis of the information available to it, the Committee will not pursue its examination of the allegations relating to the enterprise penalizing the leaders of the CGTT following the May 2012 strike, unless the complainant organization quickly provides detailed information to substantiate its allegations that certain trade union leaders, mentioned by name, suffered retaliatory action by the enterprise for having legitimately exercised their trade union mandates.
6. 773. With regard to its long-standing recommendations to the Government to take all necessary measures to set clear and pre-established criteria for trade union representation in consultation with the social partners, the Committee appreciates the Government’s information on the various measures taken since 2014, in particular the establishment of a tripartite committee to examine the matter, the upcoming drafting of a bill to supplement the Labour Code on trade union representation and the process of discussion entered into in the public service and with the social partners on various associated problems. Noting that the Government mentions certain representative employers’ and workers’ organizations in the context of its consultations, the Committee expects it to prioritize inclusive social dialogue on this important matter, ensuring that it extends the scope of its consultations to include all Tunisian trade union and employers’ organizations concerned to enable it to take the various points of view into consideration. The Committee expects that the Government will continue to benefit from the support of the ILO and requests it to keep it informed of any progress made on the issue of the determination of criteria to establish trade union representation.