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

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

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.