Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Tunisia (Ratification: 1970)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the information provided by the Government in its reports received on 13 April 2015, 2 October 2018 and 20 September 2022.

Parts I and II of the Convention. Improvement of standards of living. The Government indicates that Tunisia is in the process of preparing a new model of economic and social development following the adoption of a new Constitution on 25 July 2022. The Government adds that, in order to improve workers’ purchasing power, a bilateral agreement was signed on 1 January 2022 between the Tunisian Confederation of Industry, Commerce and Handicrafts (UTICA) and the General Federation of Tunisian Workers (UGTT) concerning salary increases in the private sector in 2022–24. The Government indicates that this agreement provides for an increase in basic monthly pay (from 6.5 to 6.75 per cent over the period 2022–24) and the monthly contributions of employees of enterprises subject to sectoral collective agreements. Furthermore, the Government reiterates that the improvement of standards of living is a core objective, being one of the fundamental priorities of Tunisia since the adoption of the new Constitution. The Committee requests the Government to provide detailed and updated information on the manner in which the plans for economic development, including the proclaimed new model of economic and social development, contribute to the principal objective of improving standards of living and are “primarily directed to the well-being and development of the population”, as required by the Convention (Articles 1 and 2). The Committee also requests the Government to provide information on the implementation and results obtained in the context of the bilateral agreement of 1 January 2022 relating to wage increases in 2022-2024. Furthermore, in the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken with a view to improving living conditions in rural areas, promoting productive capacity and improving the standards of living of agricultural producers (Articles 3 and 4).

Part IV. Remuneration of workers. Advances on wages. Since 1973, the Committee has noted the absence of provisions in the national legislation regulating the maximum amount of advances on wages, limiting the amount of advances in consideration of taking up employment or establishing the principle that any advance paid in excess of the maximum amount laid down is unrecoverable, as required by Article 12 of the Convention. In its 2005 comment, the Committee noted the Government’s indication that section 150 of the Labour Code (which provides that an employer who issues a cash advance may only obtain reimbursement by successively withholding amounts not exceeding one tenth of the wages due) may “be applied tacitly to the recovery of advances of wages relying on the same principle regarding the regulation of maximum amounts withheld”. The Committee then requested the Government to provide examples of court decisions or administrative resolutions giving effect to Article 12 of the Convention, which requires the competent authority to regulate the conditions under which advances on wages may be granted. In the absence of concrete information provided in this regard, the Committee has been requesting the Government, since 2009, to provide examples of measures giving effect to the provisions of Article 12 of the Convention. The Committee notes with regret, however, that the Government merely refers once again to section 150 of the Labour Code and reiterates that no court rulings or administrative decisions have been rendered to give effect to this section of the Labour Code. In view of the above, the Committee urges the Government to adopt without delay the necessary measures to (i) regulate the maximum amount of advances on wages, (ii) indicate clearly the amount of advances which may be made to a worker in consideration of taking up employment and (iii) establish the principle that any advance paid in excess of the maximum amount is unrecoverable, as required by Article 12 of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in June 2014. The Government recalls that the Tunisian Revolution of 14 January marked a significant break with the past and that the country is now dealing with a new economic and social development model. The Committee notes with interest that a social contract was signed on 14 January 2013 between the Government, the Tunisian General Confederation of Labour (UGTT) and the Tunisian Confederation of Industry, Commerce and Handicrafts (UTICA), the preamble of which insists on the fact that the development model to be adopted in the various economic and social areas should be based on a global concept that guarantees employment and the fair and equitable distribution of the benefits of growth among the various categories of the Tunisian population, taking into consideration the balance between the regions so as to ensure social cohesion. Moreover, the Government says that the improvement of standards of living is a core objective, as it was one of the cornerstones of the Revolution. The Committee invites the Government to provide information on the manner in which the provisions of Articles 1 and 2 of the Convention, calling for “all policies” to “be primarily directed to the well-being and development of the population”, have been regarded as the principal objective in the new economic development plans. It also invites the Government to provide information on the measures taken with a view to improving living conditions in rural areas, promoting productive capacity and improving the standards of living of agricultural producers (Articles 3 and 4).

Part IV. Remuneration of workers. Advances on wages. In response to the 2013 direct request, the Government indicates that no court rulings or resolutions have been issued giving effect to the provisions of section 150 of the Labour Code on maximum amounts of deductions from wages. With reference to its previous comments, the Committee once again invites the Government to indicate any progress achieved in this field and to provide relevant examples of measures giving effect to the provisions of Article 12.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s brief report received in November 2013. In its previous comment, the Committee noted the Government’s indications concerning the XIth Development Plan (2007–11) and certain socio-economic indicators. The Committee invites the Government to provide information in its next report on the results achieved and the difficulties encountered in attaining the objectives in relation to the improvement of standards of living established in the XIth Development Plan (2007–11), including information on the measures taken with a view to improving living conditions in rural areas and promoting productive capacity and improving the standards of living of agricultural producers (Articles 3 and 4).

Part IV. Remuneration of workers. Advances on wages. The Government indicates that no court rulings or resolutions have been rendered to give effect to the provisions of Article 12 of the Convention. With reference to its previous comments, the Committee once again requests the Government to indicate any progress achieved in this field and to include with its next report relevant examples of measures giving effect to the provisions of Article 12.

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the indications provided by the Government in October 2008 in reply to its 2005 direct request. The Government indicates that the improvement of standards of living is included among the essential objectives of the XIth Development Plan (2007–11), the aims of which include raising the average income per inhabitant to around 5,733 dinars, reducing the poverty and illiteracy rates and developing social coverage so that it attains 97 per cent of the population. The Government also supplies a number of indicators of trends in the rate of households owning their housing, the increase in the electricity and drinking water supply rates, as indicators of improvements in the standards of living of the population. The Committee invites the Government to provide information in its next report on the results achieved and the difficulties encountered in attaining the objectives in relation to the improvement of standards of living established in the XIth Plan, including information on the measures taken with a view to improving living conditions in rural areas and promoting productive capacity and improving the standards of living of agricultural producers (Articles 3 and 4).

2. Part IV. Remuneration of workers. Advances on wages. The Government indicates that no court rulings or administrative decisions have been rendered to give effect to section 150 of the Labour Code determining the maximum amounts deductible from wages. With reference to its previous comments, the Committee once again requests the Government to indicate any progress achieved in this field and to include with its next report relevant examples of measures giving effect to the provisions of Article 12.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Parts I and II of the Convention. Improvement of standards of living. The Committee requests the Government to supply in its next report information providing an overall view of the manner in which "the improvement of standards of living" has been regarded as "the principle objective in the planning of economic development" (Article 2 of the Convention).

2. Part IV. Remuneration of workers. Salary advances. In reply to the comments made by the Committee for several years, the Government indicates in a report received in August 2003 that regulation by section 150 of the Labour Code of the maximum amounts withheld from a worker’s wages to reimburse an advance made to him by the employer constitutes protection of the worker’s wages. According to the Government, the provisions of section 150 may be applied tacitly to the recovery of advances of wages relying on the same principle regarding the regulation of maximum amounts withheld. The Committee requests the Government to include in its next report examples of court decisions or administrative resolutions giving effect to the provisions of national legislation in conformity with Article 12 of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 12, paragraphs 1 and 2, of the Convention. With reference to its earlier comments, the Committee notes the Government's statement that, under section 150 of the Labour Code, as amended by Act No. 95-62 of 15 July 1996, an employer who issues a cash advance may only obtain reimbursement by successively withholding amounts not exceeding one tenth of the wages due. It reminds the Government that, besides regulating the manner of repayment of advances on wages, Article 12, paragraphs 1 and 2, of the Convention provide that the maximum amount of advances on wages, including advances which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority. The Committee therefore hopes that the Government will soon adopt the measures necessary to regulate the maximum amounts of advances on wages, including the advances made to a worker in consideration of his taking up employment, in compliance with these provisions of the Convention.

Article 12, paragraph 3. The Committee expresses the hope that the Government will ensure, when fixing the maximum amounts of advances on wages, that steps are taken to ascertain that an advance in excess of the amount laid down shall be legally irrecoverable.

Article 15, paragraph 2. In respect to its earlier comments relative to the application of these provisions of the Convention, the Committee notes with interest that section 53 (new) of the Labour Code provides that children of less than 16 years may not be employed in any of the activities regulated by this Code, subject to the special provisions provided for by the Code.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's statement that the question of advances made to a worker to encourage him to accept a job does not arise in practice. The Government considers that this explains why there is no provision on this subject in the legislation. The Committee stresses that upon ratifying this Convention the Government undertook to apply its provisions, including Article 12(1) and (2) of the Convention, which provides that the maximum amounts of advances on wages which may be made to a worker in consideration of his taking up employment shall be regulated by the competent authority. The Committee recalls that in its previous reports the Government referred to several bills to revise the Labour Code in this respect. It again expresses the hope that the Government will adopt the necessary measures in the near future for the application of this Article of the Convention.

Further to its previous request the Committee notes with interest the information on progress made in the reform of the national education system, particularly the extension of the school leaving age to 16 years (Article 15(2)). Since the school leaving age is higher than the minimum age for employment, the Committee asks the Government to indicate the measures taken to prohibit the employment of persons below the age of 16 during the hours when schools are in session (Article 15(3)).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 12, paragraph 2, of the Convention. The Committee notes that the Government will take into account the Committee's comments concerning the requirements of this Article as regards limiting the maximum amount of advances which may be made to a worker by an employer, during the revision of the Labour Code. The Committee hopes that the Government will take the necessary measures in this respect in the near future.

Article 15, paragraph 2. The Committee notes that a new reform of the national education system has been made, including the establishment of first-level schools (nine years' education in the primary cycle instead of six years), and that a new Framework Act to amend Act No. 58-118 of 4 November 1958 respecting education is being prepared. The Committee recalls that the Government indicated in one of its previous reports that the country did not yet possess the means to implement the principle of prescribing a school-leaving age and that the number of children having to repeat classes or abandon the education system was fairly high. The Committee once again hopes that the Government will continue to take the necessary measures to retain children in educational structures until they are integrated into active life and requests the Government to continue supplying information on the measures that are adopted in this respect.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

With reference to its earlier comments, the Committee points out that section 150 of the Labour Code gives effect mainly to Article 12, paragraph 1, of the Convention. On the other hand, as the Government has already stated in its first report, there is no text to regulate the maximum amounts of advances made by employers to wage earners, as required by Article 12, paragraph 2. The Committee therefore repeats its earlier request and hopes that the various bills to revise the Labour Code, which are the subject of consultations, according to the report of the Government for 1984, will take account of its comments. The Committee asks the Government to state in its next report whether the necessary measures have been adopted to give effect to this Article concerning advances on wages.

Article 15, paragraph 2. The Committee takes note of the information contained in the report of the Government concerning the efforts made to keep children within the schooling system until they take part in active life. The Committee hopes that the Government will continue to provide information in forthcoming reports on the measures adopted in accordance with the requirements of the provisions of the Convention.