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Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Tunisia (Ratification: 1957)

Other comments on C081

Observation
  1. 2011
  2. 2010
  3. 2003

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Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes that in June 2023, the Governing Body approved the report of the tripartite Committee set up to examine the representation submitted by the Union of Labour Inspectors under article 24 of the ILO Constitution (GB.348/INS/5/6). The Committee notes that the tripartite Committee issued conclusions and made recommendations in relation to: (i) the conditions of service of labour inspectors, especially regarding their remuneration; (ii) the number of labour inspectors; (iii) the premises and transport facilities provided to labour inspectors; and (iv) the restructuring of the labour inspection system established by Decree No. 2019-340.
The Committee requests therefore the Government to provide information on the issues raised by the tripartite Committee for their examination by the Committee at its next session, in particular on:
  • (i) the remuneration of labour inspectors, including relevant texts and agreements in force on the subject, as well as information on the remuneration earned by officials with similar supervisory duties (Article 6);
  • (ii) measures taken to ensure the sufficient number of labour inspectors for the effective discharge of inspection duties (Article 10);
  • (iii) steps taken to ensure that labour inspectors are furnished with local officers equipped with in accordance with the requirements of the service (Article 11(1)(a)), transport facilities and reimbursement for any travelling and incidental expenses necessary for the performance of their duties (Article 11(1)(b) and (2)); and
  • (iv) the new structure of the labour inspection system, including measures to prevent overlap between the supervisory functions and work such as conciliation, as well as details on the functions of each directorate under the supervision of the General Committee for Labour and Industrial Relations and the qualifications and training required for the officials responsible for conducting labour inspections under this new structure (Articles 3(1) and (2), 4 and 7).
Articles 5(a), 17 and 18 of the Convention. Cooperation between the labour inspectorate and the justice system and penalties imposed on the perpetrators of violations. Further to its previous comment, the Committee notes the information provided by the Government that the cooperation between the Labour Inspectorate and the justice system is being strengthened through the development of an agreement between the Ministry of Social Affairs and the Ministry of Justice with the aim to facilitate the exchange of information and the follow-up of reports of violations sent to the Public Prosecutor's Office. The Committee also notes that, according to the information contained in the 2022 report of the Labour Inspectorate, further to the 17,318 inspections carried out in 2022, 2,225 employers were issued written warnings for 13,506 violations identified, and 534 reports were issued for 2,558 violations. The Committee requests the Government to continue to provide information on the development of the agreement between the Ministry of Social Affairs and the Ministry of Justice, as well as other initiatives aimed at strengthening cooperation between the Labour Inspectorate, the police and the judiciary in order to ensure that penalties are effectively enforced. The Committee also reiterates its request to the Government to provide information on the follow-up given to the reports of violations submitted, indicating the outcome and, where relevant, the fines or other penalties imposed, and to include this information in the annual report, in accordance with Article 21(e) of the Convention.
Article 21(c). Set up of a register of workplaces liable to inspection. In response to its previous comment, the Committee notes the information provided by the Government in the Labour Inspectorate’s 2022 report, which indicates a total of 150,098 workplaces liable to inspection, employing 1,475,487 workers. Furthermore, it notes the Government’s indication that the Labour Inspectorate is collaborating with the National Social Security Fund (CNSS) to further detail these statistics, with a view to specify the sector or activity and the region. The Committee notes this information, which answers the previous request.
Articles 20 and 21. Preparation and communication of an annual report on the work of the inspection services. The Committee notes the 2022 Labour Inspectorate report transmitted to the Office in 2024. It also notes the information provided by the Government that the information contained in the annual report is publicised through its inclusion in the Statistics Guide of the Ministry of Social Affairs. The Committee notes this information, which answers the previous request.
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