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

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

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.