Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Tunisia (Ratification: 1970)

Article 12, paragraphs 1 and 2, of the Convention. With reference to its earlier comments, the Committee notes the Government's statement that, under section 150 of the Labour Code, as amended by Act No. 95-62 of 15 July 1996, an employer who issues a cash advance may only obtain reimbursement by successively withholding amounts not exceeding one tenth of the wages due. It reminds the Government that, besides regulating the manner of repayment of advances on wages, Article 12, paragraphs 1 and 2, of the Convention provide that the maximum amount of advances on wages, including advances which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority. The Committee therefore hopes that the Government will soon adopt the measures necessary to regulate the maximum amounts of advances on wages, including the advances made to a worker in consideration of his taking up employment, in compliance with these provisions of the Convention.

Article 12, paragraph 3. The Committee expresses the hope that the Government will ensure, when fixing the maximum amounts of advances on wages, that steps are taken to ascertain that an advance in excess of the amount laid down shall be legally irrecoverable.

Article 15, paragraph 2. In respect to its earlier comments relative to the application of these provisions of the Convention, the Committee notes with interest that section 53 (new) of the Labour Code provides that children of less than 16 years may not be employed in any of the activities regulated by this Code, subject to the special provisions provided for by the Code.