Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Tunisia (Ratification: 2014)

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

The Committee notes the observations of the Tunisian General Labour Union (UGTT), received on 30 August 2024. The Committee requests the Government to send its comments in this respect.

Article 1 of the Convention. Representative organizations. In its previous comment, the Committee requested the Government provide information on the measures taken to determine objective criteria of trade union representativity within the framework of tripartite consultations. The Government indicates in its report received on 22 September 2022 that it adopted a decree on 26 September 2018 establishing the following criteria for determining “the most representative trade union organizations of workers and employers” in the National Social Dialogue Council (CNDS): (i) the number of members as at 31 December 2017; (ii) the holding of an electoral congress for the organization; (iii) the number of sectoral structures in the organization and the nature of its activity; and (iv) the number of regional and local structures. The Government adds that, in accordance with this Decree, the Minister of Social Affairs decided on 6 November 2018 that the following organizations would participate in the CNDS: (i) the UGTT for workers; (ii) the Tunisian Union of Industry, Trade and Handicrafts (UTICA) for employers in the non-agricultural sector; and (iii) the Tunisian Federation of Agriculture and Fisheries (UTAP) for employers in the agricultural sector. The Committee nevertheless recalls that the term “the most representative organizations of employers and workers” within the meaning of Article 1 of the Convention does not mean only the largest organization of employers and the largest organization of workers. Thus, if there are two or more organizations of employers or workers which represent a significant body of opinion, even though one of them may be larger than the others, they may all be considered to be “most representative organizations” for the purpose of the Convention (General Survey, 2000, Tripartite Consultation International Labour Standards, paragraph 34). The Committee requests the Government to take the necessary measures,in consultation with the social partners, to amend the Decree of 26 September 2018 so that the most representative organizations of employers and workers in the country participate in the CNDS and any other advisory body of a tripartite nature dealing with the matters referred to in Article 5(1) of the Convention, as required by the Convention.

Article 2(1). Effective tripartite consultations. The Committee notes the information provided by the Government on the establishment, composition and activities of the CNDS. It also takes note of the various texts adopted in accordance with Act No. 2017-54 of 24 July 2017 establishing the CNDS. It notes, however, that the rules of procedure of the CNDS, adopted on 23 April 2019, are not included in the Government’s report and are not available online. The Committee therefore requests the Government to provide a copy of the rules of procedure of the CNDS.It also requests the Government to provide more detailed information on the composition, remit and functioning of the specialized committees set up within the CNDS in April 2019.

Article 2(2). Nature and form of the consultation procedures. In its previous comments, the Committee noted that tripartite consultations in most cases were carried out through written communications and also through meetings. The Committee notes that, in accordance with section 11 of Act No. 2017-54 of 24 July 2017 establishing the CNDS, the general assembly meets in the presence of two-thirds of its members and takes decisions by consensus or, failing that, by a majority vote. In view of the above, the Committee requests the Government to provide up-to-date and detailed information on the method used for the tripartite consultations on the subjects referred to in Article 5(1) of the Convention (meetings in person and/or written communications).

Article 4(1). Administrative support. In its previous comment, the Committee noted that administrative support for the procedures provided for in the Convention was provided by the Ministry of Social Affairs. The Committee notes that, in accordance with Government Decree No. 2018-675 of 7 August 2018 on the administrative and financial organization of the CNDS, the administrative management of the CNDS is provided by the Director of the CNDS Board, who is responsible for providing everything necessary for the smooth functioning of the CNDS and its structures, including the maintenance of its buildings and equipment. The Committee requests the Government to give examples of the administrative support actually provided to the CNDS by the Director of the Board.

Article 5(1)(a)–(e). Items on the agenda of the International Labour Conference. Submission to Parliament. Re-examination of unratified Conventions. Annual report on ratified Conventions. Denunciations. The Government indicates that the tripartite general assembly of the CNDS has met three times: on 27 November 2018, 23 April 2019 and 27 November 2019. The Government does not refer to any general assembly of the CNDS in 2020 or 2021 and states that during the COVID-19 pandemic, the rhythm of work of the CNDS was disrupted. The Government adds that: (i) the standing committee on vocational training, employment and human resources development met on 23 March and 6 April 2021; (ii) the standing committee on social protection met on 9, 23 and 29 March 2021; and (iii) the standing committee on industrial relations and decent work met on 25 February 2021. The Committee notes that only the meeting of the standing committee on industrial relations and decent work on 25 February 2021 dealt with one of the matters referred to in Article 5(1) of the Convention, namely the ratification of the following Conventions: the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Violence and Harassment Convention, 2019 (No. 190). The Government reports that the standing committee on industrial relations and decent work supports the ratification of Conventions Nos 129 and 187 and has proposed holding a workshop on Convention No. 190. The Committee also notes with interest that Tunisia ratified Convention No. 187 on 22 July 2021. However, the Government has not provided any information on the follow-up to the work of the standing committee regarding the ratification of Convention No. 129 and Convention No. 190. Lastly, the Committee notes that the Government does not report any tripartite consultations on: (i) the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference and the Government’s comments on proposed texts to be discussed by the International Labour Conference (Article 5(1)(a) of the Convention); (ii) the proposals to be made to the competent authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the Constitution of the ILO (Article 5(1)(b) of the Convention), (iii) questions arising out of reports to be made to the Office under article 22 of the Constitution of the ILO (Article 5(1)(d) of the Convention); or (iv) possible proposals for the denunciation of ratified Conventions (Article 5(1)(e) of the Convention). In this regard, the Committee recalls that, in its Direct Request of 2012 in relation to the Medical Examination (Fishermen) Convention, 1959 (No. 113), it reminded the Government that the ratification of Convention No. 188 would entail the denunciation of Convention No. 113. Moreover, in its Direct Request of 2019 concerning the Indigenous and Tribal Populations Convention, 1957 (No. 107), the Committee once again encouraged the Government to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which would result in the automatic denunciation of Convention No. 107. Emphasizing the importance of tripartite consultation and reminding the Government that, pursuant to Article 5 of the Convention, tripartite consultations on each of the matters referred to in Article 5(1)(a)–(e) of the Convention must be undertaken at appropriate intervals fixed by agreement,but at least once a year, the Committee requests the Government to make every effort to ensure that the minimum frequency of tripartite consultations on these matters is respected, including in times of crisis, if necessary by using remote (for example, online) consultation procedures.The Committee therefore reiterates its request to the Government to provide detailed information on the tripartite consultations on each of these matters, indicating their content, frequency and outcome.The Committee also requests the Government to provide information on the follow-up to the work of the standing committee on industrial relations and decent work regarding the ratification of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Violence and Harassment Convention, 2019 (No. 190).

Article 6. Annual report. In its previous comment, the Committee noted that, in accordance with section 5 of Act No. 2017-54 of 24 July 2017 establishing the CNDS, the CNDS must prepare an annual report on its activities. The Committee requested the Government to provide it with a copy of the report. In the absence of information in this regard, the Committee reiterates its request to the Government to provide a copy of the annual reports prepared by the CNDS during the period covered by the report.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Representative organizations. The Committee notes the Government’s first report on the application of the Convention. However, it notes that, in general, the information contained in the report does not enable it to fully assess the effect given to the provisions of the Convention. The Government indicates that, even in the absence of legislation or regulations on representativity and in accordance with section 39 of the Labour Code, with a view to determining the most representative trade union organization at the national level, account has to be taken of the number of members and the capacity to conclude a collective agreement in the branch of activity and the area concerned. In its 2000 General Survey, entitled Tripartite consultation: International labour standards, paragraph 35, the Committee specifies that the term “the most representative organizations of employers and workers” in Article 1 of the Convention does not mean only the largest organization of employers and the largest organization of workers. If in a particular country there are two or more organizations of employers or workers which represent a significant body of opinion, even though one of them may be larger than the others, they may all be considered to be “most representative organizations” for the purpose of the Convention. The Committee refers to its 2015 observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it requested the Government to take the necessary measures to determine objective criteria of trade union representativity within the framework of inclusive tripartite consultations. The Committee requests the Government to provide information on the measures taken for this purpose.

Article 2(1). Effective tripartite consultations. The Government indicates that it signed a social contract on 14 January 2013 with the most representative organizations, namely the Tunisian General Labour Union (UGTT) and the Tunisian Confederation of Industry, Trade and Handicrafts (UTICA), with a view to the establishment of a tripartite body, the National Social Dialogue Council, to give effect to the provisions of the Convention. The Government adds that the Bill to establish the National Social Dialogue Council has been drawn up in agreement with the social partners and transmitted to the Assembly of People’s Representatives, the Government, the representatives of the employers’ organization (UTICA) and the trade union organization (UGTT). In this regard, the Committee notes the adoption of Act No. 2017-54, of 24 July 2017, establishing the National Social Dialogue Council and determining its mandate and methods of work. Under the terms of section 2 of the Act, the Council shall issue an opinion on the ratification of international treaties relating to international labour standards and contribute to the formulation and drafting of the reports submitted by the Government to the ILO. The Committee requests the Government to provide a copy of the implementing Decree of Act No. 2017-54, of 24 July 2017, establishing the National Social Dialogue Council and determining its mandate and methods of work. It requests the Government to provide information on the establishment and composition of the Council, and its activities up to the present.

Article 2(2). Nature and form of the consultation procedures. The Government indicates in its report that tripartite consultations are held frequently in Tunisia and in most cases are carried out through written communications. It adds that the Ministry of Social Affairs, the competent authority with responsibility for labour issues and relations with the ILO, requests the written views of the social partners concerning reports on ratified and unratified international labour Conventions, as well as on questionnaires and items on the agenda of the International Labour Conference. Tripartite consultation is also carried out through tripartite meetings bringing together the representatives of ministerial departments and the representatives of employers and workers, as well as through written communications. The Committee requests the Government to provide detailed information on the content, frequency and outcome of the tripartite consultations referred to above, and to indicate whether consultation by written communications occurs beforehand.

Article 4(1). Administrative support. The Government indicated that administrative support for the procedures provided for in the Convention is provided by the Ministry of Social Affairs. For this purpose, the Government indicates that the Ministry assumes responsibility for the provision of administrative support, as set out in section 4 of Act No. 2017-54, of 24 July 2017, establishing the National Social Dialogue Council and determining its mandate and methods of work. The Committee requests the Government to provide examples of the administrative support provided to the National Social Dialogue Council by the Ministry of Social Affairs during the period covered by its report.

Article 5(1)(a), (b), (c), (d) and (e). Items on the agenda of the International Labour Conference. Submission to Parliament. Re-examination of unratified Conventions. Annual report on ratified Conventions. Denunciations. The Government indicates that it seeks the views of organizations of employers and workers in the context of questionnaires on the items on the agenda of the International Labour Conference. It adds that the social partners are invited to give their views on unratified Conventions. With regard to ratified international Conventions, the Government observes that the social partners may make comments on their application in practice. The Committee notes that the Government has not provided information on the outcome of consultations on the re-examination of unratified Conventions. However, in its direct request in 2012 on the Medical Examination (Fishermen) Convention, 1959 (No. 113), the Committee reminded the Government of the possibility of denouncing the Convention by ratifying the Work in Fishing Convention, 2007 (No. 188). Moreover, in its direct request in 2014 concerning the Indigenous and Tribal Populations Convention, 1957 (No. 107), the Committee referred to the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which would, ipso jure, involve the immediate denunciation of Convention No. 107. Recalling that the Convention has the principal objective of tripartite consultations to promote the implementation of international labour standards, the Committee requests the Government to provide specific information on the content, frequency and outcome of the tripartite consultations held on all of the questions concerning international labour standards covered by the Convention and on other ILO activities, questionnaires relating to the items on the agenda of the Conference, the submission of the instruments adopted by the Conference to the Assembly of People’s Representatives, the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not been given, and the reports to be made on the application of ratified Conventions.

Article 6. Working of the consultation procedures. The Committee notes that, in accordance with section 5 of Act No. 2017-54, of 24 July 2017, establishing the National Social Dialogue Council and determining its mandate and methods of work, the Council shall prepare an annual report on its activities and communicate a copy to the President of the Republic, the head of the Government and the President of the Assembly of People’s Representatives during the first quarter of the following year. The Committee requests the Government to provide a copy of the annual reports prepared on the working of these procedures during the period covered by the next report.