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

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

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.