Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 26) sur les méthodes de fixation des salaires minima, 1928 - Tunisie (Ratification: 1957)

The Committee notes the report forwarded by the Government and the replies provided to its previous comments. It notes the determination by Decree No. 2002-1790 of 12 August 2002 of the minimum guaranteed interoccupational wage (SMIG) at 202,592 and 176,799 dinars a month respectively for 48- and 40-hour working weeks.

Articles 1, paragraph 1, and 3, paragraph 2(3), of the Convention. With reference to its previous comments, the Committee notes the Government’s statement that the payment to young workers under 18 years of age of a minimum wage equivalent to 85 per cent of the rate of the SMIG is justified by the fact that, in general, the output of a young worker under 18 years of age is lower than that of an adult from the point of view of both the quantity and the quality of the work performed. The Committee also notes the Government’s indication that the existence of such a provision is almost entirely a question of general principle, since in practice this category of workers receives the full SMIG. In this respect, referring to paragraph 176 of its General Survey of 1992 on minimum wages, 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 on account of the age of workers, the Committee requests the Government to indicate the measures adopted or envisaged since the introduction of the system of fixing minimum wages as a function of age with a view to re-evaluating the system.

Article 4, paragraph 1. The Committee notes the Government’s indication that decrees determining the SMIG are published in the Official Journal in Arabic and French. In this respect, the Committee draws the Government’s attention to paragraphs 358 to 361 of its General Survey of 1992 on minimum wages in which it stated that, for practical reasons, the publication of minimum wage rates in the Official Journal is not by itself sufficient to ensure that the employers and workers concerned are made aware of the rates in force and that they should therefore be disseminated more widely, for example through the posting of notices in places where wages are paid or in workplaces or the mass dissemination of the applicable regulations concerning conditions of employment, including minimum wages. The Committee would therefore be grateful to receive fuller information on the measures taken in practice to ensure that the employers and workers concerned are kept informed of the minimum wage rates in force on a regular basis and in an easily understandable manner.

Part V of the report form. The Committee notes that, according to the Government’s report, the number of workers paid at the rate of the SMIG is currently estimated at around 175,000. The Committee would be grateful if the Government would continue providing information, particularly on the results of inspections carried out, so that it is in a position to assess the extent to which the Convention is applied in both law and practice.