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

Protection of Wages Convention, 1949 (No. 95) - Tunisia (Ratification: 1958)

The Committee notes the information provided by the Government, in particular the explanations concerning the application of Article 10 (attachment and assignment of wages) and Article 14 (keeping workers informed of wage conditions) of the Convention.

Article 4. Partial payment of wages in kind. While noting section 139 of the Labour Code which provides that allowances in kind are permitted in accordance with relevant regulations or collective agreements, the Committee requests the Government to provide detailed information on how it is ensured in law and practice that allowances in kind are authorized only if they are appropriate for the personal use and benefit of workers and their families and that the value attributed to such allowances is fair and reasonable.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that there is no express provision in the Labour Code prohibiting employers from limiting workers’ freedom to dispose of their wages, as prescribed by this Article of the Convention. In this connection, the Committee wishes to refer to paragraph 210 of its 2003 General Survey on the protection of wages in which it pointed out that “nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form or manner, directly or indirectly, and not simply in respect of company stores, can be regarded as giving full effect to the requirements of the Convention [and that] other legislative measures, such as the exhaustive enumeration of authorized deductions, combined with an explicit provision to the effect that any deductions other than those explicitly permitted by law are unlawful and without effect, may be deemed to give only partial effect to the obligation laid down in Article 6 of the Convention”. The Committee therefore requests the Government to consider the possibility of introducing in the Labour Code at the next possible opportunity a specific provision implementing the requirement of this Article of the Convention.

Article 7. Works stores. With further reference to its previous comment on this point, the Committee requests the Government to indicate whether works stores continue to operate in practice, and if so, how the workers’ right to make use of such stores, only if they so wish, is guaranteed.

Articles 8 and 9. Deductions from wages. The Committee notes that the Government’s reply on this point does not contain any new information. It therefore asks the Government once again to specify the legal provisions enumerating the grounds on which deductions from wages may be made and regulating the conditions for such deductions. It also asks the Government to indicate how it is ensured that no deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment is authorized, as prescribed by Article 9 of the Convention.

Article 12(2). Final settlement of wages upon termination of employment.  The Committee notes the Government’s reference to section 140 of the Labour Code, which fixes the pay intervals for those remunerated on a daily, weekly or monthly basis. This provision, however, may be relevant, but not sufficient in itself to give effect to the requirement for a prompt settlement of all wages due upon the termination of a contract of employment. As the Committee pointed out in paragraph 398 of the 2003 General Survey on protection of wages, “the principle of the regular payment of wages, as set out in Article 12 of the Convention, finds its full expression not only in the periodicity of wage payments, as may be regulated by national laws and regulations or collective agreements, but also in the complementary obligation to settle swiftly and in full all outstanding payments upon the termination of the contract of employment”. The Committee therefore requests the Government to further explain how it is ensured that workers can obtain final payment within a reasonably short period of time when their contract comes to an end.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the number of labour inspection visits conducted in 2006 and the number and nature of wage-related offences observed. The Committee would appreciate if the Government would continue supplying up to date information on the practical application of the Convention including, for instance, the number of workers who are subject to the relevant legislation, copies of collective agreements containing clauses on pay conditions, inspection results, information concerning any difficulties experienced in the timely payment of wages in the private or public sector, etc. The Committee would also appreciate receiving a copy of the general collective agreement to which reference was made in the Government’s report.