Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

With reference to the comments it has been making for very many years, the Committee notes with satisfaction the legislative amendments introduced by Act No. 94-29 of 21 February 1994 amending certain provisions of the Labour Code. It notes in particular that section 381ter allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term, namely a "service the interruption of which would endanger the life, personal safety or health of the whole or part of the population". Noting that the list of essential services is to be established by decree, the Committee asks the Government to provide a copy of any such decree that is adopted.

The Committee notes, however, that section 376bis under which strikes are unlawful unless they are approved by the central workers' union (new section 387) does not seem to have been amended. The Committee emphasizes again that this provision is liable to restrict the right of first-level unions to organize their activities (Article 3 of the Convention) and promote and defend the interests of the workers (Article 10). The Committee again asks the Government to take the necessary steps to bring its legislation into closer conformity with the principles of freedom of association by allowing such matters to be regulated by trade union statutes, and to provide information on any developments in this respect in its next report.