Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Tunisia (Ratification: 1957)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes the adoption of Decree No. 2012-1981 of 20 September 2012 which sets the new guaranteed minimum inter-professional wages (SMIG) at 301.808 Tunisian dinars (TND) (approximately €140) and TND259.479 (approximately €120) per month, respectively, for 48 and 40 hours of work per week. The Committee also notes that Decree No. 1212-1983, concerning the re evaluation of the transport indemnity for wages paid under the SMIG in the non agricultural sectors, which was raised from TND10 to TND16.112 (approximately €7.5) per month. The Committee also notes the comments of the Government according to which the increase in the SMIG went into effect after consultation with the most representative employers’ and workers’ organizations. The Committee requests that the Government provide the most ample information on the process of consultation, by indicating, for example, the socio economic elements taken into consideration during the re-evaluation of the SMIG and by communicating each meeting report, copies of studies or other official documents used during these consultations. The Committee also requests the Government to specify if the National Minimum Wages Committee, established by Decree No. 1974-493 of 20 April 1974, is still operating or if it was replaced by the National Tripartite Social Dialogue Council, the creation of which is in progress.

Article 3, paragraph 2(3). Mandatory character of minimum salaries. Following up on the previous comments on salary rates for young workers, the Committee notes that Decree No. 2012-1981 permitted setting a differentiated minimum wage for these workers, without, however, being less than 85 per cent of that for adults. The Committee wishes to recall that, except for provisions concerning apprenticeship, reasons which were taken into consideration during the adoption of minimum rates for young workers must be the subject of periodic re examination based on the principle of equal pay for work of equal value, and the levels of remuneration must, in principle, be set on the basis of objective factors, such as the quantity and quality of work accomplished. Consequently, the Committee requests the Government to communicate in its next report any development concerning the question of differences in minimum wage rates with respect to age, particularly in view of the full application of the “equal pay for work of equal value” principle.

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

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:

Repetition

Articles 1(1) and 3(2)(3), of the Convention. Differentiated minimum wage on the basis of age. The Committee notes the explanations provided by the Government concerning the wage rates for young workers under the age of 18. These workers are generally apprentices and receive, by virtue of Decree No. 94 1600 of 18 July 1994, an allowance based on the percentage of the SMIG, which ranges between 30 and 80 per cent of the SMIG depending on the duration of their apprenticeship. The Government further states that young workers working at enterprises covered by collective agreements receive wages equal to or higher than the SMIG, and even in those enterprises to which no collective agreements apply, and therefore young workers would in principle be entitled to 85 per cent of the SMIG, wages equivalent to the SMIG are being paid as a matter of practice. The Committee wishes to recall that, with the exception of apprenticeship arrangements, a system of lower pay rates for young workers that is based on the assumption that these workers may under no circumstances perform work which is quantitatively and qualitatively equivalent to that of adult workers might be discriminatory in certain cases. It therefore hopes that the Government will continue to review, in the light of the overriding principle of equal pay for work of equal value, the advisability of maintaining a policy of differentiated minimum wages on the basis of age.

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

The Committee notes that, by virtue of Decree No. 2007-2079 of 14 August 2007, the minimum guaranteed inter-occupational wage (SMIG) was increased, as from 1 July 2007, to 239.8 dinars (approximately US$196) and 207.8 dinars (US$170) a month for 48- and 40-hour working weeks, respectively.

Article 1, paragraph 1, and Article 3, paragraph 2(3), of the Convention. Differentiated minimum wage on the basis of age. The Committee notes the explanations provided by the Government concerning the wage rates for young workers under the age of 18. These workers are generally apprentices and receive, by virtue of Decree No. 94-1600 of 18 July 1994, an allowance based on the percentage of the SMIG, which ranges between 30 and 80 per cent of the SMIG depending on the duration of their apprenticeship. The Government further states that young workers working at enterprises covered by collective agreements receive wages equal to or higher than the SMIG, and even in those enterprises to which no collective agreements apply, and therefore young workers would in principle be entitled to 85 per cent of the SMIG, wages equivalent to the SMIG are being paid as a matter of practice. The Committee wishes to recall that, with the exception of apprenticeship arrangements, a system of lower pay rates for young workers that is based on the assumption that these workers may under no circumstances perform work which is quantitatively and qualitatively equivalent to that of adult workers might be discriminatory in certain cases. It therefore hopes that the Government will continue to review the advisability of maintaining a policy of differentiated minimum wages on the basis of age in the light of the overriding principle of equal pay for work of equal value.

Article 4(1). Publicizing the minimum wage. The Committee notes the Government’s explanations, according to which the minimum wage rates in force are publicized in daily or weekly newspapers, and diffused through national or regional television and radio programmes, apart from being officially published in the Official Gazette. The Government also states that copies of collective agreements, including annexed wage scales, must be available, by virtue of section 31 of the Labour Code, at workplaces covered by those collective agreements.

Part V of the report form. The Committee notes the 2006 annual report of the Labour Inspectorate, according to which 5,910 wage-related offences were observed, including 980 regarding “insufficient wages”. It would appreciate if the Government would continue to provide all relevant information on the practical application of the Convention, including, for instance, the minimum wage rates in force, the approximate number of workers remunerated at the SMIG rate, inspection results, copies of official studies relating to wage policy, statistics on the evolution of economic indicators such as the inflation rate as compared to the evolution of the SMIG in recent years, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions Nos 26 and 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

The Committee notes the report forwarded by the Government and the replies provided to its previous comments. It notes the determination by Decree No. 2002-1790 of 12 August 2002 of the minimum guaranteed interoccupational wage (SMIG) at 202,592 and 176,799 dinars a month respectively for 48- and 40-hour working weeks.

Articles 1, paragraph 1, and 3, paragraph 2(3), of the Convention. With reference to its previous comments, the Committee notes the Government’s statement that the payment to young workers under 18 years of age of a minimum wage equivalent to 85 per cent of the rate of the SMIG is justified by the fact that, in general, the output of a young worker under 18 years of age is lower than that of an adult from the point of view of both the quantity and the quality of the work performed. The Committee also notes the Government’s indication that the existence of such a provision is almost entirely a question of general principle, since in practice this category of workers receives the full SMIG. In this respect, referring to paragraph 176 of its General Survey of 1992 on minimum wages, in which it stated that it is necessary to re-examine regularly in the light of the principle of equal remuneration for work of equal value the reasons that prompted the adoption of lower minimum wage rates on account of the age of workers, the Committee requests the Government to indicate the measures adopted or envisaged since the introduction of the system of fixing minimum wages as a function of age with a view to re-evaluating the system.

Article 4, paragraph 1. The Committee notes the Government’s indication that decrees determining the SMIG are published in the Official Journal in Arabic and French. In this respect, the Committee draws the Government’s attention to paragraphs 358 to 361 of its General Survey of 1992 on minimum wages in which it stated that, for practical reasons, the publication of minimum wage rates in the Official Journal is not by itself sufficient to ensure that the employers and workers concerned are made aware of the rates in force and that they should therefore be disseminated more widely, for example through the posting of notices in places where wages are paid or in workplaces or the mass dissemination of the applicable regulations concerning conditions of employment, including minimum wages. The Committee would therefore be grateful to receive fuller information on the measures taken in practice to ensure that the employers and workers concerned are kept informed of the minimum wage rates in force on a regular basis and in an easily understandable manner.

Part V of the report form. The Committee notes that, according to the Government’s report, the number of workers paid at the rate of the SMIG is currently estimated at around 175,000. The Committee would be grateful if the Government would continue providing information, particularly on the results of inspections carried out, so that it is in a position to assess the extent to which the Convention is applied in both law and practice.

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:

Minimum wage for adolescents

The Committee notes that the interoccupational guaranteed minimum wage (SMIG) in the non-agricultural sectors and the guaranteed minimum agricultural wage (SMAG) are fixed on the basis of age for workers of both sexes, even if the scope of the differentiation is partially limited by section 4 of Decree No. 96-1547, which stipulates that young workers below the age of 18 years should in no case receive a wage that is less than 85 per cent of the adult wage. In this regard, the Committee wishes to refer to paragraph 171 of its 1992 General Survey on minimum wages in which it invited States to devote special attention to the provision of fair remuneration to young workers, bearing in mind the principle of "equal pay for equal work" and objective criteria such as the quantity and quality of work done.

The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to re-examine the question of the different minimum wage rates based on age in the light of the principle of equal pay for work of equal value.

Article 5 of the Convention, read in conjunction with Part V of the report form. The Committee notes in particular that the SMIG and the SMAG are subject to regular increases once or twice a year. The Committee also notes the Government’s indication to the effect that the information on the number of workers covered by the minimum wage will be communicated as soon as it is available.

The Committee hopes that the Government will soon be in a position to provide this information, as well as other general information on the application of the Convention in practice, particularly in the agricultural sector, relating to: (i) the minimum wage rates in force, and the extent to which they apply to homeworkers; (ii) where possible, available statistics on the number and different categories of workers covered by the minimum wages (SMIG/SMAG); and (iii) the results of any inspections carried out (violations noted, sanctions imposed, etc.).

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

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

Minimum wage for adolescents

The Committee notes that the interoccupational guaranteed minimum wage (SMIG) in the non-agricultural sectors and the guaranteed minimum agricultural wage (SMAG) are fixed on the basis of age for workers of both sexes, even if the scope of the differentiation is partially limited by section 4 of Decree No. 96-1547, which stipulates that young workers below the age of 18 years should in no case receive a wage that is less than 85 per cent of the adult wage. In this regard, the Committee wishes to refer to paragraph 171 of its 1992 General Survey on minimum wages in which it invited States to devote special attention to the provision of fair remuneration to young workers, bearing in mind the principle of "equal pay for equal work" and objective criteria such as the quantity and quality of work done.

The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to re-examine the question of the different minimum wage rates based on age in the light of the principle of equal pay for work of equal value.

Article 5 of the Convention, read in conjunction with point V of the report form. The Committee notes in particular that the SMIG and the SMAG are subject to regular increases once or twice a year. The Committee also notes the Government's indication to the effect that the information on the number of workers covered by the minimum wage will be communicated as soon as it is available.

The Committee hopes that the Government will soon be in a position to provide this information, as well as other general information on the application of the Convention in practice, particularly in the agricultural sector, relating to: (i) the minimum wage rates in force, and the extent to which they apply to homeworkers; (ii) where possible, available statistics on the number and different categories of workers covered by the minimum wages (SMIG/SMAG); and (iii) the results of any inspections carried out (violations noted, sanctions imposed, etc.).

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

The Committee notes the information supplied by the Government and, in particular, the Decrees to increase the guaranteed minimum wage (SMIG) in non-agricultural sectors. It hopes that in its next report the Government will be able to provide information on the practical application of the Convention (number of workers earning minimum wages, extracts of the reports of the inspection services), in accordance with Article 5 of the Convention and point V of the report form.

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

The Committee notes with interest the adoption of Decrees Nos. 89-513 of 18 May 1989, respecting wage increases in non-agricultural sectors, and 89-1551, of 6 October 1989, introducing a special allowance for workers in non-agricultural sectors who earn the guaranteed minimum wage.

The Committee points out that it requested the Government to supply information on the manner in which the Convention is applied (number of workers earning minimum wages, extracts of the reports of the inspection services), in accordance with Article 5 of the Convention and point V of the report form. The Committee hopes that the Government will supply this information in its next report.

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

With reference to its previous comments, the Committee notes with interest Decree No. 88-889 fixing the guaranteed minimum inter-occupational wage in the non-agricultural sector, and Decree No. 88-890 fixing the minimum guaranteed minimum wage in the agricultural sector.

The Committee hopes that the Government will provide further information on the practical application of the Convention (number of workers to whom minimum wages apply, extracts of the reports of inspection service), as required by Article 5 of the Convention and Part V of the report form.