Night Work (Women) Convention (Revised), 1948 (No. 89) - Tunisia (Ratification: 1957)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3 of the Convention. Prohibition on night work for women. The Committee notes that section 66 of the Labour Code prohibits, in principle, night work for women. While noting that the Labour Code provides for possible adjustments and exceptions to this principle, the Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation (see the 2018 General Survey on working time instruments, paragraph 545). The Committee therefore requests the Government to examine sections 66 to 74 of the Labour Code in the light of this principle, in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2(3)(b) of the Protocol to Convention No. 89. Maternity protection. Further to its previous comment, the Committee notes the Government’s general references to the principle of non-discrimination and the fact that the national legislation guarantees the women’s wages during pregnancy. The Committee observes, however, that this Article of the Protocol seeks to protect the income level of the woman worker not simply during the maternity leave period but over a period of 16 weeks and any additional periods as may be necessary on medical grounds (for instance, through assignment to work day, extended maternity leave, or special social security benefits). The Committee accordingly requests the Government to indicate how effect is given to the requirements of this Article of the Protocol and specify any relevant legal provisions in this regard.

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

Article 2, paragraph 3(b), of the Protocol to the Convention. Maternity protection. The Committee notes the Government’s indication that while most collective agreements do not contain any specific provision on income maintenance during pregnancy other than a reference to the general labour laws in force, some collective agreements, such as those applicable in the construction industry, the milk industry, metallurgy, travel agencies, car shops, laundry and cleaning services, private schools, nurseries, and insurance companies, expressly provide for the payment of a maternity allowance at the full pre-maternity rate. While noting these explanations, the Committee recalls that this Article of the Convention seeks to protect the income level of female workers not simply during the maternity leave period (i.e. 30 days in Tunisia), but over a much longer period of 16 weeks and any additional periods as may be necessary on medical grounds, by means of transfer to a day work position, special social security benefits or similar measures. The Committee would appreciate receiving additional clarifications in this regard, as well as copies of the abovementioned collective agreements.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the results of a major survey on the employment of women during the night which was conducted 12 years after the revision of the Labour Code and the introduction of the first exceptions to the general prohibition on women’s night work. It notes, in particular, that as many as 713 women workers, or one-fourth, of the 2,806 women night workers employed in the 41 enterprises concerned, mostly in the textile and electronics sectors, were found to perform night work without authorization in contravention of the relevant provisions of the Labour Code. The Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention, including extracts from reports of the labour inspection services showing the number of infringements observed and the sanctions imposed.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its previous comments, the Committee notes the information provided by the Government in its report, in particular as regards the application of Article 2, paragraph 3(b), of the Protocol. The Government refers to new sections 79 and 82 of Act No. 60-30 of 14 December 1960 on social security, as amended, which set the daily maternity allowance at two-thirds of the daily wage rate. The Government adds that employers generally pay a wage supplement so that female workers are able to maintain their income at the pre-maternity level while certain collective agreements explicitly provide that the remuneration level of female workers should remain unchanged throughout the period of absence on pregnancy or maternity grounds. The Committee would appreciate receiving the text of the above sections as well as copies of collective agreements guaranteeing the maintenance of the income of female workers during pregnancy or maternity.

In addition, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, up-to-date information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, any variations in the duration of the night period or exemptions from the prohibition of night work that may have been introduced - at the branch or enterprise level - following the ratification of the Protocol and the number of workers or establishments concerned, etc.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its last report, and particularly the ratification of the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89), and the adoption of Act No. 96 62 of 15 July 1996 amending certain provisions of the Labour Code.

Article 2, paragraph 3(b), of the Protocol. The Committee notes the provisions of sections 68-3 and 68-4 of the Labour Code, as amended on 15 July 1996, which give effect to the requirements of the Protocol with regard to maternity protection. However, it notes that the Code, as amended, does not contain provisions respecting the maintenance of the income of a woman worker at a level sufficient for the upkeep of herself and her child in accordance with a suitable standard of living during the periods before and after childbirth, established in accordance with Article 2, paragraphs 1 and 2, of the Protocol. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to bring the national legislation into conformity with the Protocol by providing, for example, for the assignment of the workers concerned to day work, the extension of maternity leave or the provision of adequate social security benefits.