Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Collective Bargaining Convention, 1981 (No. 154) - Tunisia (Ratification: 2014)

The Committee notes the Government’s first report.

Article 1 of the Convention. Scope of application. The Committee notes with interest the Government’s indication that the Convention fully applies to all activity sectors, both public and private. The Committee also notes the Government’s indication that, despite the absence of a legal and regulatory framework governing collective bargaining in the public sector, collective bargaining is carried out in the administrations concerned and the basic trade unions.

Articles 4 and 5. Methods of application of the Convention and promotion of collective bargaining. The Committee notes that the Labour Code does not contain any provision on the process of negotiation of collective agreements. While emphasizing that the Convention does not necessarily require the adoption of a law on this issue, but that at the same time, it is incumbent upon the Government to ensure that collective bargaining is not impeded as a result of absence of rules governing its conduct, the Committee requests the Government to provide information with regard to the eventual legislative measures contemplated concerning the process of negotiation of collective agreements.

Article 5. Promotion of collective bargaining. The Committee notes Act No. 2017 54 of 24 July 2017 providing for the establishment of the National Social Dialogue Council, a tripartite body responsible, among other duties, for organizing social dialogue on issues of common interest, providing a framework for collective bargaining and taking part in consultations and preparation of reports related to international labour standards. The Committee further notes that pursuant to section 3 of the Act, the Council must be consulted with regard to draft laws and decrees that pertain to labour, industrial relations, vocational training and social protection. The Committee requests the Government to indicate whether the National Social Dialogue Commission provided for in section 37 of the Labour Code is maintained, and if so, to provide specific information on its relations with the Council. The Committee further requests the Government to provide information on the activities and decisions of the above Council with regard to the framework for collective bargaining and its promotion.

Approval of the collective agreement by the authorities. The Committee reiterates its 2015 comments relating to the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), concerning the difficulties of compliance with the Convention that could arise from the legal provisions that limit the right to collective bargaining by giving the Secretariat of State for Youth, Sports and Social Affairs powers that are too broad to grant approval and impose penalties with regard to collective agreements at the branch level (sections 37 et seq. of the Labour Code) by restricting the possibility of concluding enterprise agreements (section 44 et seq. of the Labour Code). The Committee requests the Government to provide information on the criteria applied in practice for granting or refusing the approvals provided for in the Labour Code, as well as on the measures contemplated for removing or reducing these restrictions to the freedom of collective bargaining.

Determination of the representativeness of trade unions which can engage in collective bargaining. The Committee refers to its 2015 comments relating to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), on the determination of the representativeness of the trade unions and the development, for this purpose, of objective criteria to determine the representativeness of the social partners in accordance with section 39 of the Labour Code. The Committee expects that the Government will provide information on the specific progress in determining the criteria for representativeness and that it will indicate their impact on the development of collective bargaining both in the public and private sectors.

Right to collective bargaining in practice. The Committee recalls that, in its 2015 report on the application of Convention No. 98, the Government referred to the existence of 54 sectoral collective agreements covering some 2 million workers. The Government also indicates that collective bargaining on wages has taken place in the public service and public enterprises. The Committee requests the Government to continue providing information on the number of signed collective contracts and agreements in force, on the activity sectors concerned and on the development of collective bargaining coverage.