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

Night Work (Women) Convention (Revised), 1948 (No. 89) - Tunisia (Ratification: 1957)

Article 2, paragraph 3(b), of the Protocol to the Convention. Maternity protection. The Committee notes the Government’s indication that while most collective agreements do not contain any specific provision on income maintenance during pregnancy other than a reference to the general labour laws in force, some collective agreements, such as those applicable in the construction industry, the milk industry, metallurgy, travel agencies, car shops, laundry and cleaning services, private schools, nurseries, and insurance companies, expressly provide for the payment of a maternity allowance at the full pre-maternity rate. While noting these explanations, the Committee recalls that this Article of the Convention seeks to protect the income level of female workers not simply during the maternity leave period (i.e. 30 days in Tunisia), but over a much longer period of 16 weeks and any additional periods as may be necessary on medical grounds, by means of transfer to a day work position, special social security benefits or similar measures. The Committee would appreciate receiving additional clarifications in this regard, as well as copies of the abovementioned collective agreements.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the results of a major survey on the employment of women during the night which was conducted 12 years after the revision of the Labour Code and the introduction of the first exceptions to the general prohibition on women’s night work. It notes, in particular, that as many as 713 women workers, or one-fourth, of the 2,806 women night workers employed in the 41 enterprises concerned, mostly in the textile and electronics sectors, were found to perform night work without authorization in contravention of the relevant provisions of the Labour Code. The Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention, including extracts from reports of the labour inspection services showing the number of infringements observed and the sanctions imposed.