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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the General Federation of Tunisian Workers (UGTT) and the International Trade Union Confederation (ITUC), received on 30 August and 1 September 2023 respectively, alleging violations of trade union rights committed by the authorities. The UGTT and the ITUC allege, in particular, that there have been arrests, accusations, criminal prosecutions and administrative measures taken against trade unionists. The Committee notes with concern the arrest of the secretary-general of the trade union representing officials of the Tunisian Motorway Association (Société Tunisie Autoroutes), Mr Anis Kaâbi, in the context of an organized strike on 30 and 31 January 2023 for causing “financial loss” as a result of opening up motorway lanes free of charge during the strike. According to the UGTT, Mr Kaâbi remains in detention. The Committee requests the Government to provide its comments in response to these observations.

In its previous comment, the Committee requested the Government to provide the judgment of the Court of Appeal concerning the extraordinary non-elective congress of the UGTT. The Committee notes the Government’s indication that the complaint against the UGTT was filed by a group of trade unionists intending to annul the extraordinary non-elective congress of the UGTT and that the executive power was not involved in this decision that led to the annulment of the congress. It is an internal issue for a trade union. The Government reports that, as of 13 October 2022, the Court of Appeal of Tunis ruled in favour of approving the non-elective congress of the UGTT, thereby annulling the decision of the Court of First Instance of November 2021.

Articles 2 and 3 of the Convention. Legislative amendments. In its previous comments, the Committee urged the Government to take all the necessary measures to amend the following sections of the Labour Code:

• section 242, to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian;
• section 251, to allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the host country; and
• sections 376bis, 376ter, 387 and 388 concerning restrictions on the exercise of the right to strike (approval of the umbrella organization before declaring a strike; compulsory indication of the duration of the strike in the strike notification; and the possibility of imposing penalties in the event of an unlawful strike).

The Committee once again notes with deep regret that the Government has not reported any progress in bringing the legislation into conformity with the Convention and that it only indicates that a revision of the Labour Code requires consultations with the social partners, and that no legislative amendment may be made unilaterally without the participation of the organizations concerned. The Committee once again urges the Government to take the necessary measures, in response to its longstanding recommendations and in consultation with the social partners, to give full effect to the provisions of the Convention.

The Committee also requested the Government to report on the adoption of the decree provided for in section 381ter of the Labour Code (determination of the list of essential services by decree). In the absence of information provided by the Government, the Committee urges the Government to report on the adoption of the decree and to send a copy of it once it has been adopted.

Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. In its previous comment, the Committee noted the decree of 26 September 2018 establishing criteria for trade union representativeness at the national level and requested the Government to specify the frequency and mechanism for measuring trade union membership for the purpose of appointing members of the National Social Dialogue Council. The Committee also requested the Government to engage in inclusive consultations with all workers’ and employers’ organizations concerned to ensure that the determination of representative organizations at sectoral and enterprise level is also based on clear, pre-established and objective criteria. The Committee notes the Government’s indication that, in accordance with section 39 of the Labour Code, in the event of a disagreement regarding the greater representativity of one or several trade union organizations, the issue is settled by order of the secretary of State for young persons, sports and social affairs further to the opinion of the National Social Dialogue Council and is not subject to any specific timeframe. The Committee notes the Government’s indication that, pending consensus among the workers’ and employers’ organizations represented on the National Social Dialogue Council, section 39 has not yet been amended. The Committee once again requests the Government to indicate all measures taken to ensure that the determination of the representative organizations at sectoral and enterprise level is based on clear, pre-established and objective criteria, and it trusts that such criteria will be agreed upon in the very near future following consultations with all concerned workers’ and employers’ organizations.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which contain allegations of interference in trade union activities concerning: (i) the annulment by the Tunis Court of First Instance in December 2021 of the decision of the National Council of the General Federation of Tunisian Workers (UGTT) to convene an extraordinary non-elective congress, and (ii) infringements of the right to strike in the public broadcasting sector, with the large-scale deployment of police forces and the conduct of interrogations. The Committee notes the Government's reply, dated 28 October 2022, which states in this respect that the UGTT has appealed against the decision of the court of first instance, and that the police forces were deployed solely to ensure the maintenance of public order. The Committee also notes the Government’s reply to the observations made by the ITUC in 2018 concerning allegations of intimidation and threats against the UGTT. The Committee notes the Government’s indication that it has not officially received any complaints in this regard from the UGTT, nor have such allegations been raised in meetings with its members, during collective bargaining or in meetings of the National Social Dialogue Council (CNDS). In view of the above, the Committee recalls the obligation under the Convention for States to ensure that trade union leaders and members can conduct their activities without hindrance in a climate free from violence, pressure and threats of any kind. With reference to the annulment of the extraordinary non-elective Congress of the UGTT, the Committee requests the Government to provide the judgment of the Court of Appeal as soon as it is available.

Articles 2 and 3 of the Convention. Legislative amendments. The Committee notes with deep regret that the Government has not reported any progress in bringing the legislation into conformity with the Convention and that it only repeats the explanations already supplied in response to the Committee's long-standing recommendations. The Committee is bound to recall below its main recommendations and once again urges the Government to take all the necessary measures to give full effect to the provisions of the Convention:

• (i)Right of workers, without distinction whatsoever, to establish and join organizations. The Committee urges the Government to take the necessary measures to amend section 242 of the Labour Code to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian.
• (ii)Right of organizations to elect their representatives in full freedom. The Committee urges the Government to take the necessary measures to amend section 251 of the Labour Code to allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the host country.
• (iii)Right of workers’ organizations to organize their activities and formulate their programmes. The Committee urges the Government to take the necessary measures to amend the following sections of the Labour Code concerning restrictions on the exercise of the right to strike: section 376bis (approval of the central workers’ confederation before declaring a strike); section 376ter (compulsory indication of the duration of the strike in the strike notification); and sections 387 and 388 (possibility of imposing penalties in the event of an unlawful strike). With regard to section 381ter of the Labour Code (determination of the list of essential services by decree), the Committee once again requests the Government to indicate whether the decree provided for by this section has been adopted.

Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. The Committee notes the adoption of the decree of 26 September 2018 establishing criteria for trade union representativeness at the national level, which include: (i) the number of union members up to the end of 2017; (ii) the date of the last electoral congress of the trade union organization; (iii) the number of sectoral structures of the trade union organization and the nature of its activity; and (iv) the number of local and regional structures of the organization concerned. The Committee notes the Government's indication that, pursuant to this decree, the minister for social affairs has designated the following organizations as the most representative at national level for the appointment of members of the CNDS, namely: the UGTT for workers' organizations; the Tunisian Confederation of Industry, Commerce and Handicrafts (UTICA), for employers' organizations in the non-agricultural sector; and the Tunisian Federation of Agriculture and Fisheries (UTAP), for employers' organizations in the agricultural sector. Observing that trade union representativeness was determined by taking into account the number of members at the end of 2017, the Committee requests the Government to specify in its next report the frequency and mechanism for measuring trade union membership for the purpose of appointing members of the CNDS.In addition, the Committee, like the Committee on Freedom of Association in Case No. 2994 (400th Report, November 2022, paragraph 70) requests the Government to engage in inclusive consultations with all workers’ and employers’ organizations concerned to ensure that the determination of representative organizations at sectoral and enterprise level are also based on clear, pre-established and objective criteria. The Committee requests the Government to provide information on all measures taken in this regard.

[The Government is asked to reply in full to the present comments in 2023.]

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2018. It requests the Government to respond in this respect. Recalling the serious allegations previously received from the ITUC concerning intimidation and threats made through anonymous calls to the Tunisian General Labour Union (UGTT) and its leaders, and in the absence of a reply on this matter, the Committee urges the Government to indicate without delay any investigation launched and any measures taken for the protection of the UGTT leaders so that the trade union can conduct its activities without any obstacles.

Articles 2 and 3 of the Convention. Legislative amendments. In its previous comments, the Committee noted the Government’s indication that it was exploring the possibility of bringing certain provisions of the Labour Code into conformity with the Convention, as requested by the Committee. In this regard, the Committee notes with regret that the Government essentially provides explanations already supplied in its previous reports in response to the recommendations to make amendments. The Committee is therefore bound to reiterate its recommendations and urges the Government to take all the necessary steps in this regard to give full effect to the Convention.

Right of workers, without distinction whatsoever, to establish and join organizations. The Committee previously requested the Government to take the necessary measures to amend section 242 of the Labour Code, which provides that minors aged 16 years and over may belong to trade unions, if there is no opposition from their parent or guardian. The Committee notes that the Government once again reiterates that the protection put in place is only prompted by legal considerations relating to the exercise of authority by the parent or guardian, in accordance with section 93 bis of the Code of Obligations and Contracts. The Government reiterates that section 242 of the Labour Code has not been challenged by the representative organization of workers. The Committee is bound to recall once again that any distinction involving parental consent with regard to trade union membership when minors have attained the age of employment is contrary to Article 2 of the Convention. The Committee therefore once again requests the Government to take the necessary measures to amend section 242 of the Labour Code to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian.

Right of organizations to elect their representatives in full freedom. The Committee previously requested the Government to take the necessary measures to amend section 251 of the Labour Code so as to guarantee the right of workers’ organizations to elect their representatives in full freedom, including from among foreign workers at least after a reasonable period of residence in the country. It notes the Government’s reiteration that this is by no means a restriction on the right to organize of foreign nationals, who may freely join trade unions and exercise all the related rights. The Government nevertheless confirms that foreign nationals may not hold office in trade unions. The Committee is bound to recall that, in accordance with Article 3 of the Convention, national legislation must allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the host country, and it once again requests the Government to take the necessary steps to amend section 251 of the Labour Code as indicated above.

Right of workers’ organizations to organize their activities and formulate their programmes. The Committee previously asked the Government to amend sections 376 bis(2), 376 ter, 381 ter, 387 and 388 of the Labour Code. The Committee notes the Government’s reiteration that the provisions in question are intended to allow employers to be informed of strikes and to engage in conciliation procedures with a view to preventing the dispute, and that the penalties set forth seek to avoid any anarchical recourse to strike action, which might jeopardize the future of the enterprise, the social climate or the interests of the country. As regards the penalties to which strikers are liable in the event of an illegal strike, the Government indicates that it is for the court to assess the seriousness of the offences committed and that it has full discretion to hand down a simple fine instead of a prison sentence. The Committee requests the Government to review these provisions in consultation with the social partners concerned with a view to their possible amendment and to provide information on any measures taken in this regard.

With regard to section 376 bis(2) of the Labour Code, the Government specifies that during the consultations conducted in 1994 and 1996 on the Labour Code reform, the representative organizations of employers and workers indicated that they wished to maintain this provision which, in their opinion, would allow the umbrella organization to always be informed prior to any strike or lockout, with a view to a more effective settlement of the dispute. The Government adds that the first-level trade unions often insist on the intervention of an umbrella organization to consolidate the exercise of the right to strike. In this regard, the Committee considers it useful to recall that the requirement to obtain the approval of a higher-level trade union organization prior to a strike would not in itself constitute a restriction on the freedom of the trade unions concerned to organize their activities if this requirement was the result of the free choice of the trade unions concerned, for example if it was set out in the constitution of the umbrella organization to which these trade unions freely adhered. However, the Committee is of the opinion that the existence of such a requirement in the national legislation, as in the present case, constitutes a violation of Article 3 of the Convention. The Committee therefore urges the Government to take the necessary steps to amend section 376 bis(2) of the Labour Code to bring it into line with the principle recalled above.

With regard to its previous comments on section 381 ter of the Labour Code, the Committee notes the Government’s reply indicating that the definition of essential services contained in this section, which takes up that of the ILO supervisory bodies, and the consensual approach used to determine minimum services with the social partners, has always made it possible to avoid the recourse to arbitration that is provided for. The Committee once again requests the Government to indicate whether the decree provided for by this section of the Labour Code has been adopted.

Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. The Committee notes the adoption of Act No. 2017-54 of 24 July 2017 establishing the National Council for Social Dialogue and its mandate and mode of operation. The Committee also notes the Government’s indication that, in order to facilitate the nomination of the members of the Council, the Ministry of Labour is taking steps towards adopting a decree establishing criteria for trade union representativeness at the national level. These criteria include: (i) the number of union members up to the end of 2017; (ii) the date of the last electoral congress; (iii) the sectoral structures and their nature; and (iv) the local and regional structures. The Government adds that it will inform the Office of the adoption of this decree, which will make it possible to designate the most representative organization at the national level which will be represented within the National Council for Social Dialogue. While noting this tangible progress towards determining criteria for trade union representativeness which it has been requesting the Government to do for a number of years, the Committee nevertheless emphasizes that its comments also emphasized the need for the Government to engage in inclusive tripartite consultations in this regard, namely in a context which encompasses all the organizations concerned by this issue. The Committee also notes that, under section 8 of Act No. 2017-54, the general assembly of the Council is composed of an equal number of representatives from the Government, the most representative workers’ and employers’ organizations in both the agricultural and non-agricultural sectors. The Committee understands this to mean that social partnerships will involve most representative trade unions and organizations of employers in the country, according to the results of elections to be held on the basis of the criteria for representativeness adopted in the government decree. The Committee requests the Government to provide details of any new developments in this regard, to indicate the tripartite consultations held regarding the criteria for representativeness, to send a copy of the government decree when it has been adopted, and to provide information, if applicable, on the composition of the National Council for Social Dialogue.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received in 2013 and 2014, as well as those received on 1 September 2015. The Committee notes that these observations mainly concern legislative issues that have already been raised by the Committee, but also acts of intimidation and threats made through anonymous calls to the Tunisian General Labour Union (UGTT) and its leaders. While noting the reply that the Government provided in 2014 on certain legislative issues, the Committee urges the Government to provide its comments on the serious allegations of threats against the UGTT and to indicate any measures taken to protect its leaders so that the union can carry out its activities without hindrance. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2015, which are of a general nature.

Articles 2 and 3 of the Convention. Legislative amendments. The Committee previously expressed the hope that in the framework of the legislative reforms that were to accompany the adoption of a new Constitution, the issues that had been raised in its comments for many years would be taken into account. The Committee notes that, in its 2014 and 2015 reports, the Government indicates that the new Tunisian Constitution, adopted on 26 January 2014, establishes the right to organize and that it is now exploring the possibility of bringing certain provisions of the Labour Code into conformity with the Convention. In this regard, while noting the explanations provided on certain provisions that had been addressed in its comments, the Committee is bound to remind the Government of the need to amend the following provisions of the Labour Code to give full effect to the Convention.

Right of workers, without distinction whatsoever, to establish and join organizations. The Committee previously requested the Government to take the necessary measures to amend section 242 of the Labour Code, which provides that minors aged 16 years and over may belong to trade unions, if there is no opposition from their parent or guardian. The Committee notes that the Government once again reiterates that the protection put in place is prompted by legal considerations relating to the exercise of authority by the parent or guardian, in accordance with section 93bis of the Code of Obligations and Contracts. The Government also reiterates that section 242 of the Labour Code has not been challenged by the representative organization of workers. The Committee is bound to recall once again that any distinction on the basis of age with regard to trade union membership is contrary to Article 2 of the Convention. The Committee therefore once again requests the Government to take the necessary measures to amend section 242 of the Labour Code to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian.

Right of organizations to elect their representatives in full freedom. The Committee previously requested the Government to take the necessary measures to amend section 251 of the Labour Code so as to guarantee the right of workers’ organizations to elect their representatives in full freedom, including from among foreign workers at least after a reasonable period of residence in the country. It notes the Government’s reiteration that this is by no means a restriction on the right to organize of foreign nationals, who may freely join trade unions and exercise all the related rights. The Government nevertheless confirms that foreign nationals may not hold office in trade unions. The Committee is bound to recall that, in accordance with Article 3 of the Convention, national legislation must allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the receiving country, and it once again requests the Government to take the necessary measures to amend section 251 of the Labour Code as indicated above.

Right of workers’ organizations to organize their activities and formulate their programmes. The Committee previously requested the Government to take the necessary measures to amend sections 376bis(2), 376ter, 381ter, 387 and 388 of the Labour Code. The Committee notes the Government’s reiteration that the provisions in question are intended to allow employers to be informed of strikes and to engage in conciliation procedures with a view to preventing the dispute, and that the penalties set forth seek to prevent any anarchical recourse to strike action, which might jeopardize the future of the enterprise, the social climate or the interests of the country. With regard to the penalties to which strikers are liable in the event of an illegal strike, the Government indicates that it is for the court to assess the severity of the offences committed and that it has full discretion to hand down a simple fine instead of a prison sentence. The Committee requests the Government to review these provisions in consultation with the social partners concerned with a view to their possible amendment and to report any measures taken in this regard.

With regard to section 376bis(2) of the Labour Code, the Government specifies that during the consultations conducted in 1994 and 1996 on the Labour Code reform, the representative organizations of employers and workers indicated that they wished to maintain this provision which, in their opinion, would allow the umbrella organization to always be informed prior to any strike or lockout, with a view to a more effective settlement of the dispute. The Government adds that the first-level trade unions often insist on the intervention of an umbrella organization to consolidate the exercise of the right to strike. In this regard, the Committee considers it useful to recall that the requirement to obtain the approval of a higher-level trade union organization prior to a strike would not in itself constitute a restriction on the freedom of the trade unions concerned to organize their activities if this requirement was the result of the free choice of the trade unions concerned, for example if it was set out in the statutes of the umbrella organization to which these trade unions freely adhered. However, the Committee is of the opinion that the existence of such a requirement in the national legislation, as in the present case, constitutes a violation of Article 3 of the Convention. The Committee therefore urges the Government to take the necessary measures to amend section 376bis(2) of the Labour Code to bring it into line with the principle recalled above.

With regard to its previous comments on section 381ter of the Labour Code, the Committee notes the Government’s reply indicating that the definition of essential services contained in this section, which takes up that of the ILO supervisory bodies, and the consensual approach used to determine minimum services with the social partners, have always made it possible to avoid the recourse to arbitration that is provided for. The Committee requests the Government to indicate whether the decree provided for by this section of the Labour Code has been adopted.

Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. With regard to the determination of the representativeness of the trade unions and the development, for this purpose, of objective criteria to determine the representativeness of the social partners in accordance with section 39 of the Labour Code, the Committee notes the information on the technical assistance provided by the Office in this regard, and particularly the organization of a tripartite technical meeting on trade union representativeness held in January 2014. The Committee further notes the Government’s indication that a national tripartite committee chaired by the Minister of Social Affairs has met on several occasions to discuss this issue and that the Office continues to provide assistance through the preparation of a comparative study. The Committee trusts that this technical assistance will promptly lead to the determination, in the framework of inclusive tripartite consultations, of objective criteria for trade union representativeness, and it encourages the Government to continue providing detailed information on this subject.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee. It also notes the comments from the International Trade Union Confederation (ITUC) dated 31 July 2012, referring to issues of a legislative nature already raised by the Committee, as well as to infringements of trade union rights in practice, specifically obstacles to journalists’ trade union activities. The Committee requests the Government to provide its observations in reply to the ITUC’s comments.

In its last observation, the Committee noted the election of a Constituent Assembly on 23 October 2011, with the mandate, inter alia, to draw up a new Constitution, and hoped that, as part of the legislative reform movement that should accompany the adoption of a new Constitution, the issues which had been the subject of its comments for many years would be taken into account. In this respect, the Committee notes with regret that the Government does not refer in its report to the progress made in amending the legislation. It therefore feels bound to reiterate the comments it has been making for a number of years.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. As regards the request for information concerning the way in which the Government ensures that magistrates enjoy the guarantees afforded by the Convention, the Committee notes that, according to the Government, magistrates established an independent trade union grouping more than 1,200 magistrates within the judiciary on 18 March 2011; the magistrates of administrative courts have initiated a process to establish their own trade union.

As regards its request concerning the need to amend section 242 of the Labour Code, which stipulates that minors aged 16 years and over may belong to trade unions, if there is no opposition from their father or guardian, the Committee notes the Government’s statement that, as the age of majority was reduced from 20 to 18 years in 2010, this is only an issue for minors aged between 16 and 18 years; the protection put in place is prompted by legal considerations connected to the parent’s or guardian’s exercise of authority in accordance with section 93bis of the Code of obligations and contracts. The Government also points out that the provisions of section 242 of the Labour Code have not given rise to any objections or problems in practice. Recalling the need to guarantee that minors having reached the statutory minimum age for employment (16 years according to section 53 of the Labour Code) should be able to exercise their trade union rights without authorization from their parent or guardian, the Committee urges the Government to amend section 242 of the Labour Code in this respect.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. As regards the question of determining the representativeness of trade unions in the higher education sector, the Committee notes that, in the context of Case No. 2592 of the Committee on Freedom of Association (358th Report), the Government stated that it had taken steps to develop objective criteria to determine the representativeness of the social partners pursuant to section 39 of the Labour Code. The Government had indicated that in the event of disputes concerning trade union representativeness, it was the number of members which determined representativeness for the purposes of collective bargaining in the absence of pre established criteria. The Committee requests the Government to provide information on the steps it states it has taken and their outcome.

Right of organizations to elect their representatives in full freedom. As regards its observation on the need to amend section 251 of the Labour Code so as to guarantee that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers, at least after a reasonable period of residence in the country, the Committee notes the Government’s indication that section 263 of the Labour Code enshrines the principle of equal treatment between foreign and national workers and that approval by the public authorities of the appointment or election of foreign workers to an administrative or managerial position within a trade union is merely an administrative control of their eligibility, ascertaining that the foreign worker has lived for a reasonable length of time in the country. The Government points out, moreover, that there has never been recourse to this requirement and that the employers’ and workers’ organizations have never made comments concerning its application. Notwithstanding this fact, the Committee feels bound to request the Government once again to amend section 251 of the Labour Code to ensure that the principle recalled above be respected both in law and in practice.

Right of workers’ organizations to organize their activities and formulate their programmes. The Committee recalls that it has been making comments for a number of years on certain restrictions to the right to strike, which include: approval of the central workers’ confederation before declaring a strike (section 376bis(2) of the Labour Code); compulsory indication of the duration of the strike in the strike notification (section 376ter of the Labour Code); determination of the list of essential services by decree (section 381ter of the Labour Code); and the possibility of imposing penalties in the event of an unlawful strike (sections 387–388 of the Labour Code). The Committee notes the Government’s statement in its report to the effect that: section 376bis(2) of the Labour Code does not raise any problems in practice and the workers’ organizations have not made any observations on its application; no time limits are established in section 376ter of the Labour Code, and the organizers of the strike are entirely free to choose the duration of the strike and to continue it as they wish; the decree referred to in the last paragraph of section 381ter has not yet been adopted; the imposition of penalties provided for under section 388 of the Labour Code is contingent upon the court’s assessment and the level of severity of the offences. The Committee requests the Government to take the necessary measures in the near future to amend these sections of the Labour Code to guarantee respect of the principles of freedom of association to which it has been referring for many years.

The Committee requests the Government to provide information in its next report on progress made in amending the legislation. It reminds the Government that it may avail itself of technical assistance from the Office with regard to these issues.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments dated 4 August 2011 from the International Trade Union Confederation (ITUC) concerning the application of the Convention.

The Committee is also informed of the establishment of the Tunisian General Confederation of Labour (CGTT), for which it had been requesting recognition, as did the Committee on Freedom of Association (Case No. 2672), for several years.

The Committee also notes that a constituent assembly was elected on 23 October 2011 with the mandate, inter alia, to draw up a new Constitution. In this context, the Committee hopes that, as part of the legislative reform movement which should accompany the adoption of a new Constitution, the issues which have been the subject of its comments for many years will be taken into account in order to ensure that the Tunisian legislation is in full conformity with the Convention.

In this regard, the Committee recalls that these questions concerned the following points.

Article 2 of the Convention:

• -the need to ensure that magistrates enjoy the guarantees afforded by the Convention;
• -the need to amend section 242 of the Labour Code in order to guarantee that the minimum age for joining a trade union is the same as the age for admission to employment as determined in the Labour Code (16 years in accordance with section 53 of the Labour Code).

Article 3:

• -the question of determining the representativeness of trade unions in the higher education sector;
• -the need to amend section 251 of the Labour Code so as to ensure that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers, at least after a reasonable period of residence in the country;
• -the need to repeal section 376bis of the Labour Code so as to guarantee that workers’ organizations, irrespective of their level, can organize their activities in full freedom with a view to furthering and defending the interests of their members;
• -the need to amend section 376ter of the Labour Code so as to remove any legal requirement to specify the duration of a strike so as to guarantee that workers’ organizations can call a strike of unlimited duration if they so wish;
• -the possibility of deleting the last subsection of section 381ter of the Labour Code, which provides that the list of essential services shall be fixed by decree; the Committee considers that it would not be desirable – or even possible – to attempt to draw up a complete and fixed list of services which can be considered as essential (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159);
• -the need to amend section 387 of the Labour Code taking account of the principle whereby sanctions for strike action should be possible only where the prohibitions breached are in conformity with the Convention (see General Survey, op. cit., paragraph 177); however, the requirement to obtain the approval of the trade union federation before declaring a strike, under the terms of section 376bis of the Labour Code, is not in conformity with Article 3 of the Convention;
• -the need to review the penalties laid down by section 388 of the Labour Code, under which any person who has participated in an unlawful strike is liable to a sentence of imprisonment; in this regard, the Committee recalls that no criminal penalty should be imposed against a worker for having carried out a peaceful strike and, therefore, measures of imprisonment should not be imposed on any account; that such penalties can be envisaged only where, during a strike, violence against persons or property or other serious criminal offences of rights have been committed, and can be imposed pursuant to legislation punishing such acts, especially the Penal Code.

The Committee requests the Government to provide information in its next report on progress made with regard to bringing the national legislation, especially the Labour Code, into conformity with the provisions of the Convention. It reminds the Government that it may avail itself of technical assistance from the Office with regard to these issues.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the observations concerning harassment and intimidation of members of the Tunisian Magistrates’ Association (AMT). The Committee noted that the Government had not provided information concerning the situation of the AMT. It recalls that the standards set out in the Convention apply to magistrates, who should be able to establish organizations of their own choosing to further and defend the interests of their members. The Committee requests the Government to provide information on the manner in which it ensures that magistrates enjoy the guarantees afforded by the Convention.

With regard to the observations concerning the recognition of a union of university teaching staff, the Government indicates that it has always given priority to dialogue and adds that certain unions covering higher education personnel have encountered internal organizational problems, and refers in this respect to the establishment of a General Federation of Higher Education and Scientific Research (FGESRS), which was challenged in the courts by first-level unions, which in turn founded an independent union. The Committee further notes that, in its reply in November 2008, the Government denies any discrimination against teaching personnel on grounds of their trade union membership and activities. Finally, the Government indicated that the FGESRS had been constantly present in the delegation of the UGTT for the negotiation of its claims with the Government in 2007 and 2008. The Committee further noted the conclusions and recommendations of the Committee of Freedom of Association concerning a complaint presented by the above Federation (see Case No. 2592, 350th Report). The Committee requests the Government to indicate in its next report any development relating to the determination of the representativeness of trade union organizations in the higher education sector.

With regard to the refusal to recognize a new trade union confederation, namely the Tunisian General Confederation of Labour (CGTT), the Committee noted the Government’s reply, in which it confined itself to recalling that the formalities of depositing the statutes of a trade union organization are carried out without the intervention of the Ministry of the Interior and accordingly rebuts the ITUC’s comments. The Committee trusts that, in so far as the formalities required by the law are fulfilled, there will be a favourable and expeditious response to the request for the registration of the CGTT.

Legislative changes. The Committee recalled that for many years it has been making comments concerning provisions of the Labour Code that are not in conformity with the Convention. The Committee noted in this respect that, in its brief report, the Government indicated that the possibility is being examined of bringing the provisions upon which the Committee had commented into conformity. The Committee recalls that these provisions relate to the following points.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. Section 242 of the Labour Code. The Committee recalls that the minimum age for joining a trade union should be the same as the age for admission to employment as determined in the Labour Code (16 years in accordance with section 53 of the Labour Code) and that there should be no requirement for authorization by parents or guardians. It requests the Government to amend section 242 of the Labour Code to that effect.

Article 3. Right of organizations to elect their representatives in full freedom. Section 251 of the Labour Code. With regard to this provision, under which foreign nationals may have access to administrative or executive posts in a trade union provided that they have obtained the approval of the Secretary of State for Youth, Sport and Social Affairs, the Committee recalls that the imposition of such conditions on foreign nationals amounts to interference by the public authorities in the internal affairs of a trade union, which is inconsistent with Article 3 of the Convention. The Committee requests the Government to amend section 251 of the Labour Code so as to ensure that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers, at least after a reasonable period of residence in the country.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes in full freedom. (a) Section 376bis(2) of the Labour Code. The Committee has been recalling for many years that the requirement for a first-level union to obtain the approval of the central workers’ confederation before declaring a strike, under the terms of section 376bis(2) of the Labour Code, is inconsistent with the Convention. The Committee emphasizes that a legislative provision which requires the prior approval of the trade union confederation for a strike is an impediment to the freedom of choice of first-level organizations to exercise the right to strike. Such a restriction could only be envisaged if it is included voluntarily in the statutes of the trade unions concerned, and not imposed by law. The Committee requests the Government to repeal subsection 2 of section 376bis of the Labour Code so as to guarantee that worker’s organizations, irrespective of their level, can organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

(b) Section 376ter of the Labour Code. With regard to this provision, which requires the strike notification to provide an indication of the duration of the strike, the Committee requests the Government to amend section 376ter of the Labour Code so as to remove any legal requirement to specify the duration of a strike and to guarantee that workers’ organizations can call a strike of unlimited duration if they so wish.

(c) Section 381ter of the Labour Code. With regard to essential services, the list of which is determined by decree under the terms of section 381ter of the Labour Code, the Committee requests the Government to indicate whether the decree in question has been adopted and, if so, to provide the list of essential services as determined.

(d) Sections 387 and 388 of the Labour Code. In its previous observations, the Committee criticized the following provisions: (a) the imposition of the penalties established by section 388 of the Labour Code, under which any person who has participated in an unlawful strike is liable to a sentence of imprisonment of from three to eight months and a fine of from 100 to 500 dinars, depends on the assessment by the criminal court of the gravity of the offences concerned; (b) section 387 of the Labour Code, according to which any strike called in breach of the provisions on conciliation and mediation, notice and mandatory approval by the central organization (this point relating to section 376bis of the Labour Code is also the subject of comments by the Committee) shall be deemed unlawful; and (c) section 53 of the Penal Code, under which the courts can impose a lesser penalty than the minimum established in section 388, or commute a prison sentence to a fine. The Committee recalls that no penal sanction should be imposed against a worker for having carried out a peaceful strike and, therefore, measures of imprisonment should not be imposed on any account. Such sanctions could be envisaged only where during a strike, violence against persons or property or other serious infringements of rights have been committed, and can be imposed pursuant to legislation punishing such acts. Nevertheless, even in the absence of violence, if the strike modalities had the effect of making the strike illegitimate, proportionate disciplinary sanctions may be imposed against strikers. The Committee requests the Government to amend sections 387–388 of the Labour Code taking into account the abovementioned principle.

Recalling that its comments have been made for many years, the Committee trusts that the Government’s next report will indicate significant progress in bringing the Labour Code into conformity with the requirements of the Convention. It also recalls that the Government can request the Office’s technical assistance on these matters.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Finally, the Committee notes the comments of the ITUC, dated 24 August 2010, concerning the application of the Convention, in particular, serious allegations of anti-union attacks. The Committee recalls that freedom of association can only be exercised in conditions in which fundamental human rights are fully respected and guaranteed. The Committee regrets that the Government has not responded to these allegations despite their seriousness and requests the Government to provide its observations in this respect.

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

In its previous observation, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, which referred, inter alia, to the risk of prejudice to the right to strike, which had already been raised by the Committee, as well as cases of assault and violence against strikers, harassment and intimidation of members of the Tunisian Magistrates’ Association (AMT) and the Union of Tunisian Journalists (SJT). The Committee further notes the comments, dated 29 August 2008, of the International Trade Union Confederation (ITUC) relating to legislative matters already raised by the Committee and violations of the Convention in practice, including interference by the authorities to prevent trade union organizations from communicating concerning their activities, the closure of premises of Tunisian General Labour Union (UGTT) and the refusal to recognize a new trade union confederation. The Committee notes the Government’s replies received in November 2006 and November 2008.

With regard to the observations concerning harassment and intimidation of members of the AMT and the SJT, the Government indicates that the founders of the SJT did not discharge the depository formalities required by the Labour Code for the establishment of the union and cannot therefore claim the legal existence of the union. In its reply of November 2008, the Government adds that the SJT has been reconstituted since September 2007 under the name of the National Union of Tunisian Journalists (SNJT), and that the latter now organizes its activities fully and freely, that it is finally autonomous and independent of the UGTT. The Committee notes that the Government has not provided information concerning the situation of the AMT. It recalls that the standards set out in the Convention apply to magistrates, who should be able to establish organizations of their own choosing to further and defend the interests of their members. The Committee requests the Government to provide information on the manner in which it ensures that magistrates enjoy the guarantees afforded by the Convention.

With regard to the observations concerning the recognition of a union of university teaching staff, the Government indicates that it has always given priority to dialogue and adds that certain unions covering higher education personnel have encountered internal organizational problems, and refers in this respect to the establishment of a General Federation of Higher Education and Scientific Research (FGESRS), which was challenged in the courts by first-level unions, which in turn founded an independent union. The Committee further notes that, in its reply in November 2008, the Government denies any discrimination against teaching personnel on grounds of their trade union membership and activities. Finally, the Government indicates that the FGESRS has been constantly present in the delegation of the UGTT for the negotiation of its claims with the Government in 2007 and 2008. The Committee further notes the conclusions and recommendations of the Committee of Freedom of Association concerning a complaint presented by the above Federation (see Case No. 2592, 350th Report). The Committee requests the Government to indicate in its next report any development relating to the determination of the representativeness of trade union organizations in the higher education sector.

With regard to the refusal to recognize a new trade union confederation, namely the Tunisian General Confederation of Labour (CGTT), the Committee notes the Government’s reply, in which it confines itself to recalling that the formalities of depositing the statutes of a trade union organization are carried out without the intervention of the Ministry of the Interior and accordingly rebuts the ITUC’s comments. The Committee trusts that, insofar as the formalities required by the law are fulfilled, there will be a favourable and expeditious response to the request for the registration of the CGTT.

The Committee regrets to note that the Government has not provided any information concerning the observations made by the ICFTU in 2006 concerning cases of aggression against trade unionists and violence against strikers, or the ITUC’s observations of 2008 concerning the closure of premises of the CGTT. In this respect, the Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected.

Legislative changes. The Committee recalls that for many years it has been making comments concerning provisions of the Labour Code that are not in conformity with the Convention. The Committee notes in this respect that, in its brief report, the Government indicates that the possibility is being examined of bringing the provisions upon which the Committee has commented into conformity. The Committee recalls that these provisions relate to the following points.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. Section 242 of the Labour Code. The Committee recalls that the minimum age for joining a trade union should be the same as the age for admission to employment as determined in the Labour Code (16 years in accordance with section 53 of the Labour Code) and that there should be no requirement for authorization by parents or guardians. It requests the Government to amend section 242 of the Labour Code to that effect.

Article 3. Right of organizations to elect their representatives in full freedom. Section 251 of the Labour Code. With regard to this provision, under which foreign nationals may have access to administrative or executive posts in a trade union provided that they have obtained the approval of the Secretary of State for Youth, Sport and Social Affairs, the Committee recalls that the imposition of such conditions on foreign nationals amounts to interference by the public authorities in the internal affairs of a trade union, which is inconsistent with Article 3 of the Convention. The Committee requests the Government to amend section 251 of the Labour Code so as to ensure that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers, at least after a reasonable period of residence in the country.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes in full freedom. (a) Section 376bis(2) of the Labour Code. The Committee has been recalling for many years that the requirement for a first-level union to obtain the approval of the central workers’ confederation before declaring a strike, under the terms of section 376bis(2) of the Labour Code, is inconsistent with the Convention. The Committee emphasizes that a legislative provision which requires the prior approval of the trade union confederation for a strike is an impediment to the freedom of choice of first-level organizations to exercise the right to strike. Such a restriction could only be envisaged if it is included voluntarily in the statutes of the trade unions concerned, and not imposed by law. The Committee requests the Government to repeal subsection 2 of section 376bis of the Labour Code so as to guarantee that worker’s organizations, irrespective of their level, can organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

(b) Section 376ter of the Labour Code. With regard to this provision, which requires the strike notification to provide an indication of the duration of the strike, the Committee requests the Government to amend section 376ter of the Labour Code so as to remove any legal requirement to specify the duration of a strike and to guarantee that workers’ organizations can call a strike of unlimited duration if they so wish.

(c) Section 381ter of the Labour Code. With regard to essential services, the list of which is determined by decree under the terms of section 381ter of the Labour Code, the Committee requests the Government to indicate whether the decree in question has been adopted and, if so, to provide the list of essential services as determined.

(d) Sections 387 and 388 of the Labour Code. In its previous observations, the Committee noted that: (a) the imposition of the penalties established by section 388 of the Labour Code, under which any person who has participated in an unlawful strike is liable to a sentence of imprisonment of from three to eight months and a fine of from 100 to 500 dinars, depends on the assessment by the criminal court of the gravity of the offences concerned; (b) under the terms of section 387 of the Labour Code, any strike called in breach of the provisions on conciliation and mediation, notice and mandatory approval by the central organization (this point relating to section 376bis of the Labour Code is also the subject of comments by the Committee) shall be deemed unlawful; and (c) section 53 of the Penal Code, under which the courts can impose a lesser penalty than the minimum established in section 388, or commute a prison sentence to a fine, fails to secure the proportionality of penalties. The Committee requests the Government to amend sections 387 and 388 of the Labour Code so as to ensure that the penalties envisaged for participation in an unlawful strike are proportional to the gravity of the offence.

Recalling that its comments have been made for many years, the Committee trusts that the Government’s next report will indicate significant progress in bringing the Labour Code into conformity with the requirements of the Convention. It also recalls that the Government can request the Office’s technical assistance on these matters.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report. It notes with regret however that some provisions of the Labour Code continue to be inconsistent with the Convention despite the comments the Committee has been making for many years.

The Committee notes the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) referring, inter alia, to the risk for abuse of the right to strike, cases of assault and of violence used against strikers, harassment and intimidation of members of a magistrates’ association and a journalists’ union. The Committee notes the communication of the Government (received during the Committee’s session) which replies to the ICFTU’s comments. The Committee will examine the ICFTU’s comments and the Government’s reply at its next session.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. The Committee notes that the Government’s report does not reply to the Committee’s previous comments concerning the determination, in section 242 of the Labour Code, of 16 years as the minimum age for joining a trade union, unless the father or guardian expresses opposition. The Committee reminds the Government that the minimum age for joining a trade union should be the same as the age for admission to employment, and that there should be no requirement for parental authorization. It again asks the Government to take the necessary steps to have section 242 amended accordingly.

Article 3. Right of workers’ organizations to organize their administration and activities. 1. For many years, the Committee has been stressing that to require a base-level union to obtain the approval of the central workers’ confederation before declaring a strike, as required by section 376bis(2) of the Labour Code, is inconsistent with the Convention. The Government indicates in its report that the abovementioned provisions have caused no problems in practice and have prompted no observations or complaints on the part of the central workers’ organization. It adds that central organizations are responsible for approving strikes and are free to incorporate provisions in their statutes or rules specifying the practical arrangements for the strike. The Committee is bound to point out once again that to require by law the prior approval of the central workers’ union is an impediment to the base organizations’ free choice as to exercise of the right to strike. A restriction of this kind can be envisaged only where it is incorporated voluntarily in the statutes of the trade unions concerned and not imposed by law. The Committee urges the Government to take the necessary steps to repeal section 376bis(2) of the Labour Code so as to ensure that  workers’ organizations, irrespective of their level, may organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

2. In earlier observations, the Committee noted that: (a) the imposition of the penalties set forth in section 388 of the Labour Code, under which any person who has participated in an unlawful strike is liable to a sentence of imprisonment of from three to eight months and a fine of from 100 to 500 dinars, depends on how serious the court finds the violations to be; (b) under section 387 of the Labour Code, any strike called in breach of the provisions on conciliation and mediation, notice, and mandatory approval by the central organization – see paragraph 1 above – is unlawful; and (c) section 53 of the Penal Code, by allowing the courts to impose a lesser penalty than the minimum established in section 388 or to commute a prison sentence into a fine, fails to secure proportionality of penalties. The Committee observes that in its report, the Government merely reiterates that the nature of the penalty is at the discretion of the court and depends on the seriousness of the violation. The Committee notes with regret that there has been no progress on these matters. It observes that the penalty for participating in an unlawful strike is likely to be disproportionate to the seriousness of the offence, and urges the Government to take the necessary steps to amend sections 387 and 388 of the Labour Code to bring them into line with Article 3 of the Convention.

3. With regard to section 376ter of the Labour Code requiring the notice of strike action to state the duration of the strike, the Committee has pointed out on several occasions that to require workers and their organizations to specify the length of the strike was liable to restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee notes that in reply the Government merely states that the provision in question was discussed in a tripartite committee and that the representatives of the occupational organizations concerned raised no objections. The Committee urges the Government to amend its legislation to ensure that workers’ organizations are not required by law to specify the duration of a strike.

4. With regard to essential services, a list of which is set by decree pursuant to section 381ter of the Labour Code, the Committee again points out that this Article of the Convention allows the prime minister to refer a dispute to arbitration only where it involves an essential service in the strict sense. The Committee requests the Government to indicate whether the abovementioned decree has now been adopted and, if so, to send the list of essential services with its next report.

5. Finally, in its previous comments, the Committee drew the Government’s attention to the need to amend section 251 of the Labour Code under which foreigners are eligible for administrative or executive posts in a trade union provided that they have the approval of the Secretary of State for Youth, Sport and Social Affairs. The Committee notes that, here too, the Government merely states that the requirement has prompted no particular comments from the occupational organizations. The Committee points out once again that to impose such conditions on foreigners amounts to interference by the public authorities in the internal affairs of a trade union, which is inconsistent with Article 3 of the Convention. The Committee urges the Government to take the necessary steps to amend section 251 so as to ensure that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers or at least those who have completed a reasonable period of residence in the host country.

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

Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. The Committee notes that the Government’s report does not contain any reply to the issues raised in its previous comment concerning the determination of 16 years, under section 242 of the Labour Code, as the minimum age for joining a trade union, unless the father or guardian expresses opposition. The Committee recalls that it considers that the minimum age for joining a trade union in full freedom should be the same as that determined for admission to employment, and that this should not be dependent upon parental authorization. The Committee therefore once again requests the Government to amend section 242 so as to ensure that young persons having reached the legal age to work, even as apprentices, have the right to join trade unions without parental authorization.

Article 3. Right of workers’ organizations to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes. 1. The Committee notes the Government’s observations in its report concerning the limitation on the right of access of foreign nationals to hold office as trade union leaders under section 251 of the Labour Code, which provides that foreign nationals may hold administrative or executive office in a trade union provided that they obtain the approval of the Secretary of State for Youth, Sports and Social Affairs. The Government indicates that this provision does not constitute a limitation on the right to organize since foreign nationals may be members of a trade union and exercise the right to strike under the same conditions as Tunisian nationals. The Committee recalls that the right set forth in Article 3 of the Convention implies that the national legislation should allow foreign workers to take up trade union office freely, at least after a reasonable period of residence in the host country, and that making such access conditional upon the approval of the public authorities is liable to make it difficult and arbitrary. The Committee also recalls that the imposition of such conditions on foreign nationals constitutes interference by the public authorities in the internal affairs of a trade union, which is also incompatible with Article 3 of the Convention. The Committee therefore once again requests the Government to amend section 251 so as to guarantee worker’s organizations the right to elect their representatives in full freedom, also from among foreign workers, at least after a reasonable period of residence in the host country.

2. With regard to section 376ter of the Labour Code, which provides that the notice of strike action must give an indication of the duration of the strike, the Committee notes that the Government’s latest report does not contain any reference to this subject. The Committee recalls that the fact of subjecting workers and their organizations to the obligation of specifying the duration of a strike could restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee therefore once again requests the Government to amend the legislation so as to ensure that no legal obligation to specify the duration of the strike is imposed on workers’ organizations.

3. With regard to the list of essential services determined by decree under section 381ter of the Labour Code, the Committee notes that the Government’s latest report indicates that no list has yet been issued. While noting the Government’s indication that no requisition order in the event of a strike jeopardizing an essential service (section 389 of the Labour Code) has been issued due to the absence of such a list, the Committee observes that no information has been provided with regard to the use by the Prime Minister of the power conferred upon her or him by section 381ter of the Labour Code. Recalling that this section of the Labour Code allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term, and noting that the Government’s latest report provides no information in this respect, the Committee requests the Government to indicate in practice the cases in which the Prime Minister makes use of this power to submit a dispute to arbitration, under the terms of section 381ter of the Labour Code.

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

The Committee notes the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. 1. The Committee emphasizes that the incompatibility between the Convention and the obligation of first-level trade union organizations to obtain the approval of the central workers’ confederation before declaring a strike, as required by section 376bis(2) of the Labour Code, has constantly been brought to the Government’s attention since 1977. The Committee notes the Government’s indication in its report that the need to obtain the approval of the central workers’ confederation cannot be considered a limitation on the rights of trade union organizations since such approval comes from the trade union organization and not from an external administrative body. The Government adds that Circular No. 7 of the Tunisian General Labour Union (UGTT) contains a list of the members of the trade union confederation empowered to sign an authorization to call a strike, which includes all the secretaries general of the regional unions, who are in direct and permanent contact with the first-level unions in enterprises. Finally, the Government indicates that it has not received any complaint from first-level trade unions to the effect that prior approval for strikes by the central union confederation limits their right to organize their activities.

The Committee points out once again that making the exercise of the right to strike conditional upon the approval of the central workers’ union by its very nature limits the right of first-level trade union organizations to organize their activities and defend the interests of their members in full freedom. As the Committee has emphasized on many occasions, the imposition by law of the requirement of prior approval constitutes a restriction on the free choice of the organizations concerned as it prevents them, in relation to the exercise of the right to strike, from acting independently of the higher-level organization, namely the central workers’ union. It recalls that such a restriction is possible only where it is incorporated voluntarily in the statutes of the trade unions concerned and not imposed by the law. The Committee therefore once again urges the Government to repeal section 376bis(2) of the Labour Code so as to guarantee workers’ organizations, irrespective of their level, the possibility to organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

2. The Committee notes the Government’s indication in its report that the imposition of the penalties set forth in section 388 of the Labour Code, under which any person who has participated in an illegal strike is liable to a sentence of imprisonment of between three and eight months and a fine of between 100 and 500 dinars, depends on the appreciation by the court of the degree of gravity of the violations concerned. The Government adds that section 53 of the Penal Code allows the courts to impose a penalty that is lower than the minimum set forth in section 388 and even to convert a sentence of imprisonment into a fine.

The Committee notes that the Government’s report does not reply to its previous comments concerning the incompatibility with the Convention of section 387 of the Labour Code, under which a strike is deemed to be illegal where it is not called in compliance with the provisions relating to conciliation and mediation, the period of notice and the requirement of approval by the central workers’ confederation. The Committee draws the Government’s attention to the fact that sanctions for strike action should be possible only where the prohibitions in question are in conformity with the Convention, which is not the case of the compulsory prior approval by the central workers’ confederation as set out in section 387 of the Labour Code. Furthermore, with regard to the disproportionate nature of the sanctions set out in section 388 of the Labour Code, the Committee does not believe that the latitude of the courts’ discretion and the existence of section 53 of the Penal Code are sufficient to render them proportionate. In this respect, the Committee points out that failure to comply, in particular, with provisions relating to the conciliation of the dispute and the notice period for strike action is not so serious as to justify the imposition of a sentence of imprisonment. The Committee therefore requests the Government to review sections 387 and 388 of the Labour Code so as to bring them into conformity with Article 3 of the Convention.

Furthermore, a request on certain other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. The Committee notes that, under the terms of section 242 of the Labour Code, "... young persons under 16 years of age may join trade unions, unless their father or guardian expresses opposition ...". The Committee considers that the minimum age for joining a trade union in full freedom should be the same as that determined for admission to employment. The Committee requests the Government to amend section 242 so as to ensure that minors who are entitled to enter the labour market, even as apprentices, have the right to join trade unions without parental authorization.

Article 3. Right of workers’ organizations to elect their representatives in full freedom, to organize their administration and activities, and to formulate their programmes. The Committee notes that section 251 provides that foreign nationals may hold administrative or executive office in a trade union provided that they have obtained the approval of the Secretary of State for Youth, Sports and Social Affairs. The Committee recalls that the national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country, and that making such access conditional upon the approval of the public authorities is liable to make it difficult and arbitrary. Furthermore, this constitutes interference by the public authorities in the internal affairs of a trade union, which is incompatible with Article 3 of the Convention. The Committee requests the Government to amend section 251 on this point so as to guarantee workers’ organizations the right to elect their representatives in full freedom, also from among foreign workers, at least after a reasonable period of residence in the host country.

The Committee notes that, by virtue of section 376ter of the Labour Code, the notice of strike action must give an indication of the duration of the strike. The Committee considers that the fact of submitting workers and their organizations to the obligation of specifying the duration of a strike could restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. Even though, under the terms of section 376ter of the Labour Code, such notice must only contain an indication of the duration of the strike, the Committee requests the Government to amend the legislation so as to ensure that no legal obligation to specify the duration of the strike is imposed on workers’ organizations.

With regard to the list of essential services determined by decree under section 381ter of the Labour Code, the Committee notes that the Government’s last report does not contain any indications on this matter. The Committee recalls that the above section of the Labour Code allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term. In a previous report, the Government had indicated that a copy of the decree determining the list of essential services would be supplied to the Office once it had been adopted. The Committee therefore requests the Government to indicate in its next report whether this decree has been adopted and, if so, to provide a copy of it. If no decree has yet been adopted, the Committee asks the Government to indicate in practice the cases in which the Prime Minister has had recourse to the power to submit a conflict to arbitration, under the terms of section 381ter of the Labour Code.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. For many years the Committee has been drawing the Government’s attention to the incompatibility with the Convention of the obligation to obtain the approval of the central workers’ union before declaring a strike, as envisaged in section 376bis(2) of the Labour Code. In its latest report, the Government refers to arguments that it had advanced in previous reports to justify such a requirement. According to the Government, trade union organizations voluntarily wish to maintain this approval, which is useful both to keep the central workers’ union constantly informed of any strike action envisaged and for the effectiveness of any measures to settle the dispute peacefully. The Government also indicates that neither the administration nor the courts have received any complaints from first-level trade unions that this procedure restricts their right to organize their activities.

The Committee recalls that making the exercise of the right to strike conditional upon the approval of the central workers’ union by its very nature limits the right of first-level trade union organizations to organize their activities and defend the interests of their members in full freedom. As the Committee has already emphasized, the prerequisites for exercising the right to strike must be determined by the statutes and rules of the trade union organizations concerned. In the present case, this means that the approval of the declaration of a strike by the central workers’ union must be set out in the statutes of first-level organizations and in those of higher level organizations as a condition for the affiliation of first-level organizations. The Committee recalls in this respect that the adoption of such provisions constitutes an approach that is in conformity with Article 3 of the Convention, as it is based on the free choice of the organizations concerned and that first-level organizations which wish to act independently from the higher level organization may always relinquish their membership of the latter. The Committee therefore once again requests the Government to repeal section 376bis(2) above so as to guarantee workers’ organizations, irrespective of their level, the possibility to organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

The Committee also notes that under the terms of section 388 of the Labour Code, whomsoever shall have participated in an illegal strike shall be liable to a penalty of imprisonment of between three and eight months and a fine of between 100 and 500 dinars. Under the terms of section 387 of the Labour Code, a strike is deemed to be illegal where it is not called in compliance with the provisions relating to conciliation and mediation, the period of notice and the requirement of approval by the central workers’ union. The Committee recalls firstly that sanctions for strike action should be possible only where the prohibitions in question are in conformity with the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 177). As a result of the above, the approval of the declaration of a strike by the central workers’ union, made compulsory by section 376bis(2) of the Labour Code, is not in conformity with Article 3 of the Convention. Secondly, even where prohibitions of strikes are in conformity with the Convention, the Committee emphasizes that the sanctions provided for should not be disproportionate to the seriousness of the violations (see General Survey, op. cit., paragraphs 177 and 178); this applies in particular to sentences of imprisonment. In the opinion of the Committee, failure to comply, in particular, with provisions relating to the conciliation of the dispute and the notice period for strike action are not so serious as to justify the imposition of a sentence of imprisonment. In these conditions, the Committee requests the Government to review the sanctions envisaged in section 388 so as to bring them into compatibility with Article 3 of the Convention.

A request on certain other matters is also being addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee drew attention to section 251 of the Labour Code, which provides for the penal disqualification from holding executive or administrative office in occupational trade unions, except for offences committed for political or trade union reasons. The Committee takes due note of the information provided by the Government in its last report to the effect that no case has been recorded in practice resulting in incapacity or disqualification under the provisions of section 251 of the Labour Code. The Government repeated that this provision explicitly excluded offences committed for political or trade union reasons, as well as involuntary injury or homicide, thereby preventing any abuse in the application of these provisions. While taking note of this information, the Committee recalls that it is of the view that incapacity or disqualification from holding trade union office should be limited to persons convicted for acts which call into question the integrity of the person concerned. The Committee therefore requests once again the Government to continue to keep it informed in its future reports of any development in this regard.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must repeat its previous observation which read as follows:

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. With reference to its previous comments concerning the obligation to obtain the approval of the central workers’ union before declaring a strike, under the terms of section 376bis(2) of the Labour Code, the Committee had noted the Government’s indication in its last report that the expression "central workers’ union" was intended in a broad sense and that, by virtue of a circular of the Tunisian General Labour Union (UGTT) dated 1989 referring to the exercise of the right to strike, all the members of the extended executive board of this organization were empowered to sign the strike notification. This board includes, in accordance with section 16 of the internal rules of the UGTT, in addition to the members of the executive board, all the secretaries general of the organization’s regional unions, which include representatives of first-level occupational trade unions and are in direct and permanent contact with first-level trade unions in enterprises. The Government also indicated that the administration has received no complaints from first-level trade unions that the requirement of prior approval for strikes by the central workers’ union restricts their right to organize their activities. While noting this information, the Committee nevertheless considers that this provision may be such as to limit the right of first-level trade union organizations to organize their activities and promote and defend the interests of the workers, and it therefore requests the Government to repeal this provision so as to bring its legislation fully into conformity with the principles of freedom of association.

With regard to the essential services listed in section 381ter of the Labour Code, the Committee noted the Government’s statement in a previous report that a copy of the Decree determining this list would be forwarded to the Office once it had been adopted. The Committee once again requests the Government to provide in its next report the list of essential services envisaged under section 381ter of the Labour Code.

The Committee is also addressing a request directly to the Government on one point.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

In its previous comments, the Committee drew attention to section 251 of the Labour Code, which provides for the penal disqualification from holding executive or administrative office in occupational trade unions, except for offences committed for political or trade union reasons. The Committee takes due note of the information provided by the Government in its last report to the effect that no case has been recorded in practice resulting in incapacity or disqualification under the provisions of section 251 of the Labour Code. The Government repeats that this provision explicitly excludes offences committed for political or trade union reasons, as well as involuntary injury or homicide, thereby preventing any abuse in the application of these provisions. While taking note of this information, the Committee recalls that it is of the view that incapacity or disqualification from holding trade union office should be limited to persons convicted for acts which call into question the integrity of the person concerned. The Committee therefore requests once again the Government to continue to keep it informed in its future reports of any development in this regard.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities.  With reference to its previous comments concerning the obligation to obtain the approval of the central workers’ union before declaring a strike, under the terms of section 376bis(2) of the Labour Code, the Committee notes the Government’s indication in its last report that the expression "central workers’ union" is intended in a broad sense and that, by virtue of a circular of the Tunisian General Labour Union (UGTT) dated 1989 referring to the exercise of the right to strike, all the members of the extended executive board of this organization are empowered to sign the strike notification. This board includes, in accordance with section 16 of the internal rules of the UGTT, in addition to the members of the executive board, all the secretaries general of the organization’s regional unions, which include representatives of first-level occupational trade unions and are in direct and permanent contact with first-level trade unions in enterprises. The Government also indicates that the administration has received no complaints from first-level trade unions that the requirement of prior approval for strikes by the central workers’ union restricts their right to organize their activities. While noting this information, the Committee nevertheless considers that this provision may be such as to limit the right of first-level trade union organizations to organize their activities and promote and defend the interests of the workers, and it therefore requests the Government to repeal this provision so as to bring its legislation fully into conformity with the principles of freedom of association.

With regard to the essential services listed in section 381ter of the Labour Code, the Committee noted the Government’s statement in a previous report that a copy of the Decree determining this list would be forwarded to the Office once it had been adopted. The Committee once again requests the Government to provide in its next report the list of essential services envisaged under section 381ter of the Labour Code.

The Committee is also addressing a request directly to the Government on one point.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes due note of the information provided by the Government in its report to the effect that there has been no reported case in practice resulting in incapacity or disqualification through the application of section 251 of the Labour Code.

In this regard, the Committee recalls the importance of the principle that a conviction for an act, the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions, should not constitute grounds for disqualification from holding trade union office. The Committee is of the view that incapacity or disqualification from holding trade union office should be limited to persons convicted for acts which call into question the integrity of the person concerned and pose a serious risk to the exercise of trade union functions. The Committee requests the Government to keep it informed in its future reports of any progress in this regard.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report.

Referring to its earlier comments concerning the obligation to obtain the approval of the Central Workers' Union before declaring a strike, the Committee notes that the Government reiterates its previous statements to the effect that the trade union organizations have insisted on maintaining the current provisions of section 376bis (2) of the Labour Code, considering that the approval needed from the Central Workers' Union for a strike was a useful procedure for informing the Central Union and for the effectiveness of conciliation activities and measures aimed at resolving the conflict. The Committee also notes the information from the Government that no complaint has been submitted to the authorities by the first-level unions on the grounds that obtaining prior approval for the strike from the Central Workers' Union restricts their right to organize their own activities. In this regard, the Committee can only reiterate its earlier comments and emphasize once again that the provision in question might tend to restrict the right of first-level trade union organizations to organize their activities (Article 3 of the Convention) and to further and defend the interests of workers (Article 10), and therefore request the Government to repeal this provision in order to bring its legislation into fuller conformity with the principles of freedom of association.

With regard to the essential services listed under section 381ter of the Labour Code, the Committee notes the Government's statement to the effect that it will provide the Office with a copy of the Decree listing these essential services as soon as it is adopted.

Finally, the Committee is addressing a request directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee had previously noted that, under section 251 of the Labour Code, a person sentenced to a term of imprisonment of more than three months is prohibited from becoming an executive member or administrator of an occupational organization. While noting that this provision does not apply to offences that are political or trade union in character, the Committee nevertheless requests the Government to provide, in its future reports, information on any cases of inability or disqualification which may have occurred in relation to this provision.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report.

With reference to its previous comments concerning the obligation to obtain the approval of the central workers' union before declaring a strike, the Committee notes the Government's statements to the effect that the trade union organizations have insisted on maintaining the current provisions of section 376bis(2) of the Labour Code, considering that the approval needed from the central workers' union for a strike was a useful procedure for informing the central union and for the effectiveness of conciliation activities and measures aimed at resolving the conflict. The Committee emphasizes once again however that this provision is liable to restrict the right of first-level unions to organize their activities (Article 3 of the Convention) and to promote and defend the interests of the workers (Article 10) and therefore asks the Government to repeal this provision in order to bring its legislation into fuller conformity with the principles of freedom of association.

The Committee requests the Government to indicate if, under section 381ter of the Labour Code as amended, a list of essential services has been established by Decree and, if so, to provide it with a copy.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation:

The Committee noted that the legislative amendments introduced by Act No. 94-29 of 21 February 1994 amended certain provisions of the Labour Code, in particular section 381ter which 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 if adopted. In addition the Committee noted 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.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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.

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

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.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. In reply to its request for information on the normalisation of trade union life, the Committee notes with interest that the work of the National Trade Union Commission that is responsible for renewing basic trade union structures, has been completed, and that in April 1989 an extraordinary congress of the UGTT was held for the election of an executive board that includes the various trade union tendencies. Furthermore, the property of the UGTT has been returned to it and many trade unionists have benefited from the new Amnesty Act No. 89-63 of 3 July 1989.

2. With regard to the revision of the Labour Code, which envisages replacing the concepts of "national interest" and "vital interest of the nation" by the concept of essential services, the Committee notes with interest that, according to the Government's report, referral to binding arbitration (sections 384 to 386) and the procedure of requisitioning striking workers (section 389) would only be carried out in the event of a strike in essential services. The Committee trusts that the concept of essential services in which strikes can be restricted and even prohibited will be confined to services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee also notes, again from the Government's report, that the requirement of the prior authorisation of the central trade union organisation for the calling of a strike (section 376bis) will be retained and will not be replaced by the obligation to obtain a majority vote of all the workers in an enterprise, which had been mentioned in one of the Government's previous reports, and that the maintenance of this system is desired by the UGTT and the UTICA (Tunisian Union of Traders and Artisans).

The Committee points out that this provision is such as to prejudice the right of trade union organisations, 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 organisations 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 trusts that the Labour Code, as amended, will be adopted in the near future and that account will be taken of its comments on the proposed amendments. The Committee requests the Government to supply full information on the progress made in bringing its legislation into full conformity with the Convention.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the Government's report. It has also taken note of the report of the Committee on Freedom of Association concerning complaints against Tunisia (Case No. 1327) approved by the Governing Body at its 236th and 239th Sessions, May-June 1987 and February-March 1988, respectively.

1. In its previous observation, the Committee urged the Government to take measures in accordance with the recommendations of the Committee on Freedom of Association with a view to re-establishing in full a trade union situation in conformity with the guarantees laid down by the Convention.

Reintegration of dismissed workers.

The Committee notes with interest from the Government's report that the agreement of 25 May 1988 between the UGTT and the Government provides for the reintegration of all public sector workers dismissed for trade union activities and that section 1 of Act No. 88-98 of 18 August 1988 provides an amnesty for persons sentenced for offences committed while they were members of a trade union organisation. The Decree drawing up the list of persons covered by this amnesty is in the process of being published.

The Committee requests the Government to keep it informed of the implementation of measures to reintegrate and grant an amnesty to the persons concerned.

Normalisation of trade union activities.

The Committee notes that a National Trade Union Commission whose membership covers all the different leanings was set up on 1 May 1988 with a view to renewing the basic structures and holding an extraordinary congress of the UGTT, in conformity with the principles of freedom of association. To facilitate the work in process, the Government has authorised, by means of Circular No. 62 of 15 August 1988 issued by the Prime Minister, the convening of congresses on the premises of public enterprises and the use of the meeting rooms of such enterprises for this purpose. In addition, Circular No. 66 of 22 August 1988 issued by the Prime Minister authorises public administrations and enterprises to withhold trade union dues at source upon request of public employees and agents wishing to join the UGTT. The Committee also notes that the dialogue between the Government and the workers has been resumed and that the workers were associated, through the UGTT National Trade Union Commission, with the drafting of the national Pact signed on 7 November 1988 and that the number of their representatives on the Economic and Social Council has increased from six to ten in accordance with Basic Act No. 88-12 of 7 March 1988.

The Committee requests the Government to continue to provide information on the measures taken to improve trade union life and on the work of the above National Trade Union Commission.

2. In its previous observation, the Committee expressed the hope that the Bill to revise the Labour Code would be adopted in the near future so as to bring the provisions of the Labour Code concerning the right to strike, which have been the subject of comments for several years, into conformity with the Convention, namely:

- sections 376 bis and 387 of the Code which prescribe that the central trade union organisation must give its approval for a strike to be called;

- sections 384 to 386 of the Code which provide for the ability to impose compulsory arbitration to end a strike that may affect the national interests;

- section 389 which provides for the ability to requisition workers where a strike is considered to be such as to affect the vital interests of the nation.

The Committee notes from the Government's report that the above Bill, which has been the subject of broad consultations, is to be examined item by item by the Council of Ministers before being adopted by the Chamber of Deputies. Thus, after examining the Bill concerning the representation of staff in enterprises, the Council of Ministers is to address the question of aligning national legislation with international labour standards.

In this context, the Committee wishes to recall that, while the proposed amendments to the provisions of the Labour Code on which it has already given its opinion in previous comments, tend towards a better application of the Convention, the proposed amendment whereby an absolute majority of the workers concerned is needed to call a strike should be modified so that the decision to have recourse to a strike may be taken by a simple majority of the voters in an enterprise (excluding workers not participating in the ballot). The Committee again draws the Government's attention to the need to amend section 389 of the Code in order to confine the authorities' power to requisition workers to cases in which a strike would affect essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee trusts that it will be possible for the Bill relating to the above provisions to be re-examined in the light of its comments and to be adopted in the near future. It requests the Government to provide information on the progress made in harmonising its legislation with the Convention.