Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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

Article 16 of the Convention. Implementing measures. The Committee has made, for several years, comments on the absence of specific provisions giving effect to several Articles of the Convention, namely, Articles 4 (partial payment of wages in kind), 6 (freedom of workers to dispose of their wages), 7 (works stores), 8 (deductions from wages) and 12 (final settlement of wages due upon the termination of an employment contract). In its previous reports, the Government often indicated that the national law and practice were in conformity with the requirements of the Convention without referring to precise provisions which would have transposed obligations arising from the abovementioned Articles to the national legislation. In its last report, the Government indicated that a tripartite committee was to be established after the ratification of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and would be asked, among others things, to study the case of non-conformity in national legislation governing salary protection with the provisions of the Convention. The Committee accordingly hopes that the tripartite committee in question would examine in the very near future the gaps in national legislation governing wage protection, and that all necessary action would be taken to introduce into the Labour Code specific provisions giving effect to provisions of the Articles of the Convention indicated below.

Article 4. Partial payment of wages in kind. The Committee recalls that sections 134-2 and 139 of the Labour Code provide that remuneration may include allowances in kind in accordance with regulations or agreements. The Committee requests the Government to provide copies of the regulations or agreements containing the specific conditions and limits under which partial payment of wages in kind is authorized.

Article 6. Freedom of workers to dispose of their wages as they wish. The Committee notes that the Government does not provide any information concerning the prohibition of employers to limit the freedom of workers to dispose of their wages as they wish. As mentioned in paragraph 178 of its General Survey of 2003 on protection of wages, the Committee recalls that “the wording of Article 6 implies the existence of an appropriate legislative provision specifically prohibiting employers from exercising any kind of constraint on the use made by workers of their wages”. The Committee hopes that the Government will take the necessary measures to ensure that the provisions of the Convention are given full effect in this regard.

Article 7. Works stores. The Committee requests the Government to indicate whether works stores still exist and, if so, how it is ensured, in law and in practice, that no constraint is applied to workers who wish to make use of these works stores.

Articles 8 and 9. Deductions from wages. The Committee notes that section 143(7) of the Labour Code provides for an obligation of employers to provide workers, when their wages are paid, with a payslip indicating, in particular, the nature and amount of deductions from gross wages. Moreover, the Committee notes that the provisions, such as sections 150 and 333, provide for the conditions applicable to certain deductions, without indicating whether these are the only forms authorized for deduction from wages. The Committee recalls that Article 8(1) of the Convention provides that deductions from wages are only authorized under conditions and to the extent prescribed by national laws and regulations or fixed by collective agreement or arbitration award. The Committee refers in this regard to paragraph 216 of the General Survey mentioned above in which it considered that “this Article of the Convention is considered as fully applied by those States whose national laws and regulations enumerate the types of deductions authorized, if any, and also prohibit any other deductions”. The Committee accordingly requests the Government to indicate how effect is given to this provision of the Convention.

Article 12(2). Final wage settlement upon the termination of an employment contract. The Committee notes that while section 140 of the Labour Code provides for payment of wages at regular intervals and thereby giving effect to Article 12(1) of the Convention, no legal provisions appear to provide for the final settlement, within a reasonable time period, of all wages due upon the termination of an employment contract, as required by Article 12(2). The Committee therefore requests the Government to indicate whether there are any legal provisions which ensure final wage settlement, within a reasonable time period upon the termination of an employment contract, and, if not, the Committee hopes that the Government will take measures promptly for this purpose.