Tunisia - 2012
Capital: Tunis

29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
A thirst for freedom and social justice, soaring food prices and the hopelessness felt by the country’s youth triggered the Tunisian revolution whose shock waves spread far beyond the country’s borders. After the death at the beginning of January of Mohammed Bouazizi, the young street vendor who tried to burn himself alive on 17 December 2010, dissent spread rapidly across the country. The police repression was ferocious, but failed to save Ben Ali’s regime. The former president was forced to flee on 14 January and take refuge in Saudi Arabia. Thousands of Tunisians tried to leave the country during the disturbances in which nearly 300 died. In the meantime the uprising in Libya led to an exodus of hundreds of thousands who sought refuge in Tunisia. In October, the first free elections in the history of the country to choose the members of the Constitutional Assembly were won by the Islamist party Ennahda. The party’s leader Hamadi Jebali became Prime Minister. The President is Moncef Marzouki (a leftwing nationalist). Economic growth collapsed and unemployment has steadily risen. The Islamisation of society is evident, but fundamental socio-economic reforms have yet to be seen.
.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Tunis

reported violations- 2012
Trade union rights in law
A number of restrictions apply despite basic trade union rights being guaranteed. The Labour Code provides for the right to form and join trade unions, and unlike for associations, prior authorisation is not required to create a union. However, foreign nationals need prior approval by the authorities to have access to union office. Wages and working conditions are set in triennial negotiations between unions and employers after general guidelines are laid out through national tripartite consultations.
While the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is guaranteed, unions must announce the duration of the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in advance. Workers having participated in an unlawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
can also face long prison sentences of between three and eight months.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Tunisia ratified the ILO's 1971 Workers' Representatives Convention (n°135) in May 2007. Several amendments were made to the Labour Code (sections 165, 166 and a new 166bis) to bring it into line with the Convention: workers' representatives must be given access to the undertaking to carry out their legitimate role without interference and are now given improved protection against termination of employment for reasons connected with their union activities.
Restrictions
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Non-national or migrant workers
- 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 imposition of such conditions on foreign nationals amounts to interference by the public authorities in the internal affairs of a trade union.
Others restrictions:
- >Others restrictions
- The ILO Committee of Experts 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 authorisation by parents or guardians. It requests the Government to amend section 242 of the Labour Code to that effect.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Wages and working conditions are set in triennial negotiations between unions and employers after general guidelines are laid out through national tripartite consultations.
Right to strike
Principles
Right to strike:
- >The right to strike is regulated by a Labour Code.
Restrictions
Legal barriers to lawful strike actions:
- >Excessively long prior notice / cooling-off period
- Unions, and particularly those representing state employees, have the right to strike, provided they give ten days' advance notice to the UGTT, which should give its authorisation.
- >Other excessively complex or time-consuming formalities to call a strike
- In order to strike unions must give ten days' advance notice to the UGTT, which should give its authorisation. The ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) has repeatedly pointed out that subjecting the right to strike to approval by the main trade union confederation was restricting the right of grass roots unions to organise their activities and freely defend their members' interests. The government has never given a satisfactory answer to that criticism.
- >Other undue, unreasonable or unjustified prerequisites
- The strike notice has to provide an indication of the duration of the strike. The ILO has asked the government to amend the Labour Code so as to guarantee that workers' organisations can call a strike of unlimited duration if they so wish.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- The ILO finds the nature of the penalty applicable to anyone who has taken part in an illegal strike to be disproportionate to the seriousness of the offence. According to the Labour Code, such sanctions may include imprisonment of between three and eight months.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- A decree that was supposed to set out the list of "essential services", defined in the Labour Code as services "whose interruption would endanger the lives, safety or health of all or a section of the population", has yet to be produced.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Tunis

reported violations - 2012
In practice
The Ben Ali clan’s stranglehold on the Tunisian economy meant there was little hope of any respect for labour legislation. Until the revolution, the authorities shamelessly plundered the country’s resources, exploiting its workforce in every sector of activity. Once the regime fell, the social protest movement quickly turned a critical eye on this immoral system that relied heavily on keeping wages down to attract investors. The highly structured national trade union centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. the Union générale tunisienne du travail (UGTT) soon established itself as a key player in the transition process, negotiating pay rises and better working conditions with private and public employers.
In the coal mining region, teachers who had lost their jobs for participating in the events of 2008 were reinstated. A lot of progress was also made during the year towards eliminating sub-contracting in the public sector, giving legal employment status to the thousands of civil servants who had been exploited for years without a proper employment contract and developing a social security system worthy of that name.
Another big challenge facing the trade unions is the revision of the country’s labour legislation, heavily slanted in favour of employers in the export processing zones, and the organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. of workers in the zones.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Tunis

reported violations - 2012
Violations
Despite being frequently silenced and having to deal with the Ben Ali regime, the national trade union centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. the Union générale tunisienne du travail (UGTT) has managed to keep a popular base and a real mobilising capacity. The spontaneous revolt by the country’s youth hungry for social justice was given the backing of the local and regional branches of the UGTT, who urged their sometimes reticent leaders to follow them. Local organisations played a driving role in coordinating the movement.
In the towns, UGTT premises often served as focal points, where activists issued calls to action and where the demonstrators began their marches. They also became targets, along with their occupants. In Kasserine, Youssef Abidi, a trade union official, explained how the police burst into the UGTT premises where rebel youths had taken refuge: “they set about hitting everyone and breaking everything”.
Pressed by its grass roots organisations, the UGTT declared general strikes in three regions that had a decisive impact, forcing President Ben Ali to flee the country. On 18 January, the three UGTT ministers in the transitional government formed the previous day resigned in protest at the presence of members of the former regime and in response to the street demonstrations. The strikes and repression continued.
On 25 January, militiamen and thugs attacked the regional offices of the UGTT in Gafsa, Kasserine, Béjà, Monastir and Mehdia. The assailants were armed with clubs, stones, knives and chains. Popular protests continued, leading to significant changes in the government and the departure of figures tainted by the past. The Tunisian revolution left a total of 300 dead.
The UGTT very quickly became the target of attacks after the flight of Ben Ali in January, particularly from big business. The economic press spoke out against attacks on the right to work and the trade unions’ lack of patriotism in frightening off foreign investors. However it was the attacks on employment rights and the glaring lack of social justice that fomented the revolution. The UGTT leadership was also accused by members of the Constitutional Democratic Rally (Rassemblement constitutionnel démocratique - RCD) , Ben Ali’s party, of being behind the many strikes in order to create anarchy. The UGTT, on the contrary, had sought to channel the people’s demands, calling on them to suspend their strikes in the run-up to the October elections.
At the end of the year the UGTT protested several times about a smear campaign against it by members of the Constitutional Assembly and malicious rumours circulating in the press and on social networks about its leadership. The name of the UGTT General Secretary was mentioned in several corruption cases. At the end of December, the organisation’s Congress elected a new, very different leadership. The UGTT leaders recognised the organisation’s past mistakes in supporting Ben Ali’s candidacy in past presidential elections. Finally the UGTT said it would strive for the organisation’s independence from the government, political parties and all institutions, in defence of workers’ demands.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in protest at the occupation of the Manouba Faculty of Arts (Tunis) by a group of young religious fundamentalists who had interrupted classes and prevented exams going ahead. On 6 December the young fundamentalists prevented the dean from going to his office. This was followed by verbal and physical threats. Habib Mellakh, a lecturer in French and trade union activist, was injured and had to be taken to the casualty department. In the name of individual freedom, the protestors were demanding that women students who wished to wear the niqab (a veil covering the whole face except the eyes) should be allowed to do so during classes and exams, which was opposed by the scientific committee, made up of elected representatives of students and lecturers. By the end of the year the situation had reached stalemate, with the authorities refusing to listen to the request by the students and the dean to remove the 30 occupiers, of whom only five were enrolled in the faculty. Similar events occurred at other schools in the country, with teachers, particularly women, complaining of attempts at intimidation.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Tunis
