Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Tunisia (Ratification: 1957)

With reference to its previous request for information on progress made in revising the Labour Code so as to bring it into full conformity with the Convention, the Committee notes with interest from the Government's report that the Bill to revise the Labour Code contains the same definition of the concept of essential services as that which was recommended by the Committee and the Committee on Freedom of Association. Under the terms of article 381 ter of the Bill, "is considered as an essential service, any service whose interruption could endanger the life, personal safety or health of the whole or part of the population".

The Committee notes, however, that the Government's report makes no mention of the Committee's previous comment on the requirement of the prior authorization of the central trade union organization for the calling of a strike (section 376 bis). The Government had indicated in its previous report that this requirement would be retained and would not be replaced by the obligation to obtain a majority vote of all the workers in an enterprise and that the maintenance of this system was desired by the UGTT and the UTICA.

The Committee points out once again that this provision is such as to prejudice the right of trade union organizations, at whatever level, to call a strike to defend the occupational interests of their members. However, if such is the desire of the workers, this matter should be decided not by legislative means, but by the statutes adopted by the first-level trade union organizations concerned. In this connection, the Committee recalls that under the terms of Article 8(2) of the Convention, the law of the land shall not be such as to impair the guarantees provided for in this Convention.

The Committee expresses the hope that account will be taken of its comments in the Bill so as to give full effect to the Convention. It requests the Government to supply information on developments in this respect, and to supply a copy of the Labour Code once it has been adopted.