Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Tunisia (Ratification: 1959)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Articles 1(1) and 3(3)–(4) of the Convention. Tripartite consultations and obligatory character of the minimum wage. The Committee notes that Decree No. 2012-1982 fixes the rates for the guaranteed minimum agricultural wage (GMAW/SMAG) in two stages, to finally reach total uniformity between the amount of the GMAW and that of guaranteed minimum interprofessional wage (GMIW/SMIG). The GMAW was set at 10,608 Tunisia dinars (TND) (approximately €4.9) daily beginning from 1 July 2012 and at TND11,608 (approximately €5.4) beginning from 1 December 2012. The Committee notes the indication of the Government according to which the increase in the GMAW took place after consultation with the most representative employers’ and workers’ organizations. Recalling its previous comments, the Committee requests once again that the Government communicate the most detailed information on the institutional framework in which the tripartite consultations concerning the level of the GMAW were held and on the procedural rules governing these consultations. It requests in particular to have precise information on the criteria applied for readjustment of the GMAW or eventually on the periodic national surveys on the economic situation which were carried out for this purpose.

Furthermore, the Committee notes that, in terms of Decree No. 2012-1982, the GMAW continued to be applicable only to workers of at least 18 years of age. The Committee is thus obliged to request once again that the Government specify the minimum wage rate applicable to young agricultural workers less than 18 years of age, and, if appropriate, the method used to set this rate.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 3(3) of the Convention. Minimum wage fixing machinery. The Committee would be grateful if the Government would provide additional information on the institutional framework within which the tripartite consultations on minimum wage levels are held and the procedural rules governing such consultations. The Committee would be interested, in particular, in receiving specific information on the criteria used for the readjustment of the SMAG or the possible preparation of periodic national surveys on national economic conditions for this purpose.

Part V of the report form. Practical application. The Committee would appreciate if the Government would continue to provide up-to-date information on all aspects regarding the operation of the minimum wage fixing machinery in agriculture and the enforcement of the minimum pay rates in force.

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

The Committee notes that, by virtue of Decree No. 2007-2080 of 14 August 2007, the guaranteed minimum agricultural wage (SMAG) was increased as from 1 July 2007 to 7.3 dinars (approximately US$6) per day for agricultural workers, 7.8 dinars (approximately US$6.4) per day for specialized agricultural workers and 8.2 dinars (approximately US$6.7) per day for skilled agricultural workers.

Article 1(1) and Article 3(3) and (4) of the Convention. Tripartite consultations and binding force of the minimum wage. The Committee notes that, according to section 1 of the abovementioned Decree, the new SMAG rate applies to workers of both sexes aged at least 18 years. It also notes the Government’s indication that, despite the wording of this provision, in reality all young workers above 16 years of age are paid at least at the SMAG rate, given that the minimum age for admission to employment, including agriculture, is 16 years. The Committee requests the Government to indicate the measures it intends to take in order to bring national legislation into line with practice. Moreover, the Committee would be grateful if the Government would provide additional information on the institutional framework within which the tripartite consultations on minimum wage levels are held and the procedural rules governing such consultations. The Committee would be interested, in particular, in receiving specific information on the criteria used for the readjustment of the SMAG or the possible preparation of periodic national surveys on national economic conditions for this purpose.

Part V of the report form. The Committee notes the 2006 annual report of the Labour Inspectorate, indicating that the inspection services conducted 709 visits in the agricultural sector (2.41 per cent of all visits), resulting in 35 cases of non-compliance being administratively sanctioned and five cases giving rise to judicial proceedings. It would appreciate if the Government would continue to provide up to date information on all aspects regarding the operation of the minimum wage fixing machinery in agriculture and the enforcement of the minimum pay rates in force. 

In addition, the Committee requests the Government to refer to the comments made under Convention No. 26.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with interest the report supplied by the Government in reply to its previous comments. It notes in particular the adoption on 12 August 2002 of Decree No. 2002-1791 fixing the guaranteed minimum agricultural wage (SMAG) at 6,259 dinars for each day actually worked for workers of both sexes aged at least 18 years.

Articles 1, paragraph 1, and 3, paragraph 4, of the Convention. The Committee notes the Government’s indication that Decree No. 96-1548 of 10 September 1996 makes no reference to the wage of young workers under 18 years of age, which means that they receive the SMAG in its entirety in the same way as adult workers. However, the Committee notes that, under section 1 of Decree No. 2002-1791 readjusting the SMAG, its rate is only applicable to workers who have reached the age of 18 years. It would be grateful to be provided with detailed information on the methods applicable to the fixing of the minimum wages in force for workers aged under 18 years, the rates that have been set and the number of such workers employed in agriculture. The Committee wishes in any case to refer to its General Survey of 1992, paragraph 176, in which it stated that it is necessary to re-examine regularly, in the light of the principle of equal remuneration for work of equal value, the reasons that prompted the adoption of lower minimum wage rates based on the age of workers instead of objective criteria such as the quantity and quality of the work carried out.

Article 2. The Committee notes with interest that under section 139(2) of the Labour Code, introduced in the amendments made by Act No. 96-62 of 15 July 1996, allowances in kind cannot in any event be deducted from minimum wages, which must therefore be paid exclusively in cash.

Part V of the report form. The Committee notes from the information provided by the Government that the number of agricultural workers paid at the rate of SMAG is currently estimated at 97,000 and it requests the Government to provide regularly full particulars, including information on the results of inspections carried out in the agricultural sector, taking into account the conditions obtaining in agriculture, so as to inform the Committee of the manner in which the Convention is applied in both law and practice.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

See under Convention No. 26.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

See under Convention No. 26, as follows:

The Committee notes the information provided in the Government's report.

Minimum wage for adolescents

The Committee notes that the interoccupational guaranteed minimum wage (SMIG) in the non-agricultural sectors and the guaranteed minimum agricultural wage (SMAG) are fixed on the basis of age for workers of both sexes, even if the scope of the differentiation is partially limited by section 4 of Decree No. 96-1547, which stipulates that young workers below the age of 18 years should in no case receive a wage that is less than 85 per cent of the adult wage. In this regard, the Committee wishes to refer to paragraph 171 of its 1992 General Survey on minimum wages in which it invited States to devote special attention to the provision of fair remuneration to young workers, bearing in mind the principle of "equal pay for equal work" and objective criteria such as the quantity and quality of work done.

The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to re-examine the question of the different minimum wage rates based on age in the light of the principle of equal pay for work of equal value.

Article 5 of the Convention, read in conjunction with point V of the report form. The Committee notes in particular that the SMIG and the SMAG are subject to regular increases once or twice a year. The Committee also notes the Government's indication to the effect that the information on the number of workers covered by the minimum wage will be communicated as soon as it is available.

The Committee hopes that the Government will soon be in a position to provide this information, as well as other general information on the application of the Convention in practice, particularly in the agricultural sector, relating to: (i) the minimum wage rates in force, and the extent to which they apply to homeworkers; (ii) where possible, available statistics on the number and different categories of workers covered by the minimum wages (SMIG/SMAG); and (iii) the results of any inspections carried out (violations noted, sanctions imposed, etc.).