Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 138) sur l'âge minimum, 1973 - Tunisie (Ratification: 1995)

The Committee notes the information provided by the Government in its report.

Article 2, paragraph 1, of the Convention.  In its previous comments the Committee referred to the types of work and employment to which the Convention applies. The Committee had noted that section 53 of the Labour Code establishes the minimum age at 16 years, but that under the terms of section 6 of the Code, this minimum age only applies to salaried employment and does not cover all types of employment or work, such as own-account work.

According to the Government, Act No. 91-65 of 29 July 1991 respecting the education system, which provides for the establishment of compulsory basic education up to the age of 16 years, is of such a nature as to prevent the entry of children onto the labour market or their engagement in own account work under the age of 16 years. The Government also states that the minimum age for admission to self-employment is governed by the Tunisian Commercial Code, approved by Act No. 59-129 of 5 October 1959 which, in section 6, prohibits young persons of 18 years of age from engaging in commercial activities if they have not obtained "total emancipation". The Committee requests the Government to provide information on the measures which have been adopted to give effect in practice to section 6 of Act No. 59-129.

The Committee had noted that, by virtue of section 54(1) of the Labour Code, the employment of children under 16 years of age is authorized in establishments in which only family members work under the authority of the father, the mother or the guardian, on condition that the employment of these children has no negative effect on their health, physical and mental development and school attendance. In its report, the Government states that section 54(2) of the Labour Code prohibits the engagement of this category of workers in work which, by its nature or the conditions in which it is performed, is dangerous for the life, health and morals of the persons assigned to it.

The Committee notes that section 54(2) also states that the provisions of section 54(1) do not apply to hazardous work as defined in section 58 of the Labour Code. Furthermore, this section establishes the minimum age for admission to these types of work at 18 years. While noting the information provided by the Government in this respect, and in accordance with Article 4, paragraph 2, of the Convention, the Committee requests the Government to provide information in future reports on the situation of the law and practice with regard to young persons under 16 years of age working in family establishments, and to indicate the extent to which effect is given, or it is envisaged to give effect to the present Convention with regard to this category of children.

Article 3, paragraph 2.  The Committee notes with interest the adoption of the Order of 19 January 2000, issued by the Minister of Social Affairs, prescribing the type of work for which the employment of children is prohibited. Section 1 of this Order contains a list with the type of work for which the employment of children under the age of 18 years is prohibited, in particular "other work" where substances or composition of substances are handled which are neither prescribed by the Order, nor mentioned in the list of occupational diseases established by the national legislation in force. The Committee requests the Government to provide information on the "other work". To this effect, the Committee requests the Government to supply a copy of the Order of 10 January 1995, issued by the Ministers of Public Health and Social Services, establishing the list of occupational diseases, as well as a copy of the Order of 15 April 1999. The Committee also requests the Government to indicate whether consultations have taken place with the organizations of employers and workers concerned when the above orders were adopted.

Article 6.  The Committee notes the Government’s indications that section 60 of Act No. 93-10 repealed all previous provisions which were contrary to the above Act and that the provisions of the Labour Code, including section 346 respecting vocational training, which was contrary to the Act, have therefore been repealed. The Government also indicates that the age of admission to apprenticeship is currently established by section 26 of Act No. 93-10, under the terms of which "the age of admission to apprenticeship is between 15 and 20 years". The Committee requests the Government to take all the necessary measures to bring the Labour Code into conformity with the Convention.

The Committee notes the Order adopted by the Minister of Vocational Training and Employment on 22 February 1996 establishing the duration of apprenticeship by branches of activity and types of occupation, as well as organizing examinations for the completion of apprenticeship. The Committee also notes the Government’s indication that the Order was adopted after consultation with the occupational organizations concerned. The Committee requests the Government to provide additional information concerning the implementation of the Order, particularly with regard to section 8 respecting the supervision of practical training in enterprises and further training by the institutions concerned.

In its previous comment, the Committee requested the Government to indicate the working conditions under which work is performed by persons of at least 14 years of age under section 53-2 of the Labour Code in the context of teaching and training in enterprises, and the provisions by which they are determined. The Committee notes no reference to this subject in the Government’s report and once again requests the Government to provide information on this matter.

Article 7, paragraph 3.  The Committee notes the Government’s indication that a decree will be adopted to determine the nature of light work and the preliminary precautions to be taken when engaging children in such work, as well as the hours of work of young persons aged between 16 and 18 years. The Committee hopes that the Government will take all the necessary measures for the adoption of this decree and that a copy of it will be transmitted to the Office as soon as it has been adopted.

Article 8, paragraph 2.  The Committee notes with interest the Order of 19 January 2000, issued by the Minister of Social Affairs, establishing the conditions under which individual authorization is granted to employ children for public performances or for work in the movie industry. The Committee recalls that, in conformity with Article 8, paragraph 1, of the Convention, individual authorization permitting children to participate in artistic performances can only be granted after consultation with the organizations of employers and workers concerned. However, under the provisions of the Order of 19 January 2000, these consultations are not prescribed. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that these consultations take place, in every single case, when the permits are granted. Moreover, the Committee also requests the Government to supply information concerning the consultations which have taken place with the organizations of employers and workers concerned when the above Order was adopted.

Article 1 and Part V of the report form.  In its previous comments, the Committee noted with interest the efforts made by the Government to protect children from exploitation. The Committee had requested the Government to provide information on the measures which had been taken or were envisaged to ensure the application of the Convention in practice and, in this respect, to refer to its general observation of 1995. The Committee once again requests the Government to provide information on this matter.

The Committee had also requested the Government to continue supplying information on the manner in which the Convention is applied in practice, including for example statistical data on the number of children and young persons who work and the nature of their work, extracts from the reports of inspection services and the violations reported. This information will be particularly useful in view of the Government’s reference in its first report to the figures obtained by extrapolation from a population census carried out in 1975. The Committee therefore hopes that the Government will provide information on this subject in its next report.