Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 95) sur la protection du salaire, 1949 - Tunisie (Ratification: 1958)

The Committee notes the Government’s report and the adoption of Act No. 96-62 of 15 July 1996 amending the Labour Code. In this connection, it wishes to draw attention to the following points.

Article 4 of the Convention. The Committee notes that under article 139 of the Labour Code the payment of wages in the form of allowances in kind is permitted. It nevertheless requests the Government to indicate the legislative provisions that prohibit the payment of wages in the form of alcohol or narcotic substances. The Committee also hopes that the Government will not fail, in conformity with the requirements of the Convention, to take the necessary measures to ensure that the partial payment of wages in the form of allowances in kind is limited to industries or occupations where it is customary or desirable, that, where authorized, such allowances are appropriate for the personal use and benefit of the worker and his/her family, and that the value of such allowances is fair and reasonable.

Article 6. In the light of the provision of article 138 of the Labour Code, the Committee requests the Government to indicate measures taken or contemplated to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his/her wage, as set forth under this Article.

Article 7. The Committee asks the Government to supply concrete information regarding the establishment and operation of work stores or related services, and further to specify the measures taken or envisaged to guarantee that the workers concerned are free from any coercion to make use of such stores or services, as prescribed in this Article.

Article 8. While noting the provision of article 150 of the Labour Code which provides for successive deductions not exceeding one-tenth of the wages due in case of an advance payment made by the employer to the worker, the Committee requests the Government to supply further information on the types and conditions under which deductions may be made and to indicate the provisions regulating such deductions.

Article 9. The Committee asks the Government to specify the legislative provision formally prohibiting any deduction from wages representing payment by the worker to the employer or to an agent of the employer for obtaining or retaining employment, as required under this Article.

Article 10. The Committee notes that the Government refers to the Code on Civil and Commercial Procedure regarding the manner and limits for the attachment and assignment of wages. It would be grateful if the Government could supply the text of the relevant provisions of the above Code.

Articles 12(2) and 14(a). The Committee requests the Government to indicate the legislative or regulatory provisions giving effect to the requirements of the Convention with respect to the final settlement of all wages due upon the termination of an employment contract, and the notification of wage conditions to workers before they enter employment and when any changes take place.

Part V of the report form. The Committee requests the Government to include appropriate information in future reports on the enforcement of national legislation regarding wage protection, particularly on the results of inspection visits, the number and nature of the violations observed, and the penalties imposed.