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

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which contain allegations of violations of the right to collective bargaining, a Circular (No. 20) from the Head of State having been sent in December 2021 to all ministries and government institutions to prohibit any person from negotiating with the trade unions without the prior authorization of the Head of Government. In this regard, the Committee notes the Government’s reply, dated 28 October 2022, according to which the objective of Circular No. 20, which requires prior authorization from the President of the Government before launching negotiations with the trade unions, is linked to the examination of requests from the unions in order to check their conformity with the legal provisions and the extent of their financial impact on the budget of the State. However, the Government adds that an agreement was reached at a meeting held by the Presidency on 14 September 2022 on salary increases for civil servants and other public sector employees and on the amendment of Circular No. 20, in order, firstly, to guarantee the right to free collective bargaining and, secondly, to ensure coordination between the various conflicting interests. In order to ensure full observance of the Convention, the Committee requests the Government to provide a copy of the revised Circular and information on its implementation in practice. The Committee also notes with regret that the Government has still not provided its comments on the 2014 observations of the ITUC regarding the non-observance of collective agreements in two specific cases (remuneration of refuse workers; biscuit-making sector). More than six years after the occurrences, the Government merely indicates that the information requested will be sent once the data has been obtained from the administrative departments concerned. The Committee trusts that the Government will show greater cooperation in the future and will provide information on the remedies found in these two cases.

Article 4 of the Convention. Promotion of collective bargaining. With regard to the question raised in its previous comments concerning the refusal of approval or the cancellation of a collective agreement under sections 38–41 of the Labour Code, the Committee notes the Government’s indication that this is an eventuality which is not substantiated in practice. While duly noting this information, the Committee recalls that any provision authorizing in general terms the approval or cancellation of collective agreements by the authorities represent a risk of not being compatible with the Convention. The Committee therefore requests the Government to take the necessary steps, in consultation with the social partners, to revise the above-mentioned provisions in order to ensure the full conformity of the national legislation with Article 4 of the Convention.

Right to collective bargaining in practice. The Committee notes the Government’s indication that there are 54 sectoral collective agreements in force, covering some 1.5 million workers. The Committee requests the Government to: (i) continue providing information on the number of agreements and accords concluded in the country and the number of workers covered; and (ii) provide information on the steps taken to promote collective bargaining in the various sectors of the economy.