Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Tunisie (Ratification: 1957)

The Committee previously referred to the observations of the International Trade Union Confederation (ITUC), received in September 2015, concerning disputes that arose in 2014 with regard to the implementation of the collective agreements in force in one situation involving the remuneration of refuse workers at the national level and in another involving a biscuit-making enterprise. The Committee once again requests the Government to provide its comments in this regard, and to indicate the remedies found.

The Committee notes Act No. 2017-54 of 24 July 2017 establishing the National Social Dialogue Council and its responsibilities and methods of working. It notes that the Council’s responsibilities comprise, inter alia, the supervision of national social dialogue, including collective bargaining.

The Committee also previously requested the Government to specify the criteria applied in practice by the Secretariat of State for Youth, Sports and Social Affairs to grant or deny approval, pursuant to section 38 of the Labour Code, or to annul a collective agreement in force, pursuant to section 41 of the Labour Code. The Committee notes the Government’s response indicating that, under Act No. 2017-54 of 24 July 2017, the decisions in question shall be based on the opinion of the National Social Dialogue Commission, replaced by the National Social Dialogue Council under Act No. 2017-54 of 24 July 2017. The Committee also notes the information provided regarding the terms of review for the whole or part of a collective agreement provided for in the 1973 framework collective agreement governing the non-agricultural sector and in all of the 54 sectoral collective agreements. The Committee recalls that it has always considered interventions by the authorities that have the effect of cancelling or modifying the content of collective agreements freely concluded by the social partners to be contrary to the principle of free and voluntary negotiation. It also recalls that provisions establishing the obligation to submit collective agreements for prior approval by the authorities are only compatible with the Convention when they are confined to stipulating that approval may be refused if the agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation (see 2012 General Survey on the fundamental Conventions, paragraphs 200 and 201). Any provision authorizing in general terms the approval or cancellation of collective agreements by the authorities represents a risk of not being compatible with the Convention. The Committee requests the Government, where applicable, to provide information on any situations in which recourse has been made to sections 38 and 41 of the Labour Code or the reasoned opinion of the National Social Dialogue Council has been requested regarding the approval of a collective labour agreement. Where applicable, the Committee requests the Government to provide information on the situations in which the opinion of the National Social Dialogue Council and/or the minister of the competent government authority have led to the denial of approval or cancellation of a collective agreement duly signed by the parties. The Committee also requests the Government to envisage, in consultation with the social partners, the revision of the above provisions in order to avoid any risk of incompatibility with Article 4 of the Convention as a result of their application.

Right to collective bargaining in practice. Noting the Government’s indication that there are 54 sectoral collective agreements in force, the Committee requests the Government to continue providing information on the number of agreements concluded in the country, with an indication of the number of workers covered.