Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Tunisia (Ratification: 1957)

Article 4 of the Convention. In its previous comments, the Committee noted the observations of August 2006 from the International Confederation of Free Trade Unions (ICFTU) concerning the recruitment of temporary workers by subcontracting agencies in order to avoid unionization in certain industries, such as textiles, construction and the hotel trade. In its reply received in November 2006, the Government indicates that temporary workers have the same union rights under the terms of the standard collective agreement. The Committee also notes that the Government indicates in its 2008 report that the current year in the labour sphere has been characterized by collective bargaining on wages and conditions of work, relating to 51 sectoral agreements and also concerning the civil service and state enterprises. The Committee requests the Government to provide detailed information on these agreements, as was its stated intention, including the approximate number of workers covered by the collective agreements in force, and to provide information on all measures for the promotion of collective bargaining. The Committee also requests the Government to provide information on the exercise of trade union rights by temporary or self-employed workers, including complaints submitted to the authorities and any collective agreement signed on behalf of these workers or which applies to them.

Observations from the ITUC. The Committee previously noted the observations made in 2006 by the ICFTU relating to cases of wrongful dismissal and harassment of trade union leaders and activists in the private sector. The Committee notes that the Government replies that, as regards the dismissal of women workers in a textiles company and a medical products company because of unionization, an action for compensation has been brought before the labour tribunal. With regard to the dismissal of a trade union official in a public works company, the Government indicates that an out-of-court settlement has been reached between the parties.

The Committee notes the observations dated 29 August 2008 from the ITUC concerning acts of anti-union discrimination in the education sector, particularly anti-union reprisals, intimidation of trade union members and refusal by the authorities to initiate collective bargaining with a federation in the higher education sector. The Committee requests the Government to send its comments on these points.