Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 355, Novembre 2009

Effect given to the recommendations of the Committee and the Governing Body

1. 132. The Committee last examined this case at its March 2009 meeting. The case concerns the alleged refusal by the authorities to recognize the General Federation of Higher Education and Scientific Research (FGESRS), anti-union discrimination against union leaders because of their union activities, and violations of the right to collective bargaining [see 353rd Report, paras 1310 to 1336]. On that occasion the Committee made the following recommendations:
   • (a) The Committee requests the Government to provide all useful information to support its affirmation concerning a legal decision that quashed the dissolution of the general unions by the UGTT unifying congress of 15 July 2006, to provide the pertinent documents as necessary and to indicate further on the most recent information provided by the complainant organizations, any follow-up to the summary judgement handed down by the Court of First Instance of Tunis on 10 May 2008 and any judgement issued on case No. 71409/28 that it cited.
   • (b) The Committee trusts that the Government will be able very soon to submit a final court ruling concerning the legitimate representation of the SGESRS and that it will indicate any action taken following that ruling.
   • (c) The Committee requests the Government to indicate the objective and pre-established criteria which have been set for determining the representativeness of the social partners in accordance with section 39 of the Labour Code, particularly in the higher education and scientific research sector. If such criteria have not yet been established, the Committee hopes that the Government will take all the necessary steps to establish such criteria in consultation with the social partners and that it will keep the Committee informed.
   • (d) The Committee requests the Government or the complainant organizations to keep it informed of any court ruling handed down in the case of the assault on the trade unionist Mr Moez Ben Jabeur.
   • (e) The Committee requests the Government to provide any collective agreement concluded with the participation of the FGESRS.
2. 133. In a communication dated 6 May 2009, the Government supplies the following observations regarding the Committee’s recommendations: with regard to the request to quash the dissolution of the general unions by the Tunisian General Labour Union (UGTT) unifying congress of 15 July 2006, Case No. 71409/28 is still under consideration before the Tunis Court of First Instance; as regards the legitimate representation of the General Trade Union of Higher Education and Scientific Research (SGESRS), the Government states that it is sparing no effort to encourage either an out of court or judicial solution to the dispute, and will inform the Committee when one is found. As regards the assault of which the trade unionist Moez Ben Jabeur is said to have been the victim, the Government reiterates that it was unconnected with his trade union activities and that the Committee will be informed of any judicial ruling on the matter. As regards the criteria for determining the representativeness of the social partners, the Government is drawing up a draft text which will be submitted to the social partners.
3. 134. With regard to the participation of the FGESRS in collective talks, the Government states that the Federation was part of the delegation of the UGTT, which negotiated with the Government authorities in 2008 in the context of the seventh round of collective bargaining. Those talks resulted in the conclusion on 3 April 2009, of three agreements concerning the general increase in public employees’ salaries for the period 2008–10, increases in certain allowances for specific groups of public sector employees including those in higher education, and measures to enhance the exercise of trade union rights in the public service. The Government supplies with its communication, copies of the signed agreements and the attendance sheets showing that the FGESRS participated in the work of the various committees that were set up.
4. 135. While noting that, following talks between the Government and the social partners including the FGESRS, three collective agreements were signed in 2009 concerning the general increase in public employees’ salaries for the period 2008–10, increases in certain allowances for specific groups of public sector employees including those in higher education, and measures to enhance the exercise of trade union rights in the public service, the Committee notes with regret that no final judicial ruling has been handed down concerning the different issues that remain pending in this case. The Committee recalls that it has expressed its concern at the length of proceedings to determine the legitimate representation of the SGESRS, which began in 2003 and have, in its view, contributed to create a climate of uncertainty with regard to trade union representation in the sector in question. The Committee recalls once again that justice delayed is justice denied, and trusts that final court rulings will be handed down very soon on the following questions: (1) the decision to quash the dissolution of the general unions by the UGTT unifying congress of 15 July 2006 (Case No. 71409/28 before the Court of First Instance of Tunis); (2) the legitimate representation of the SGESRS; and (3) the assault against the trade unionist Moez Ben Jabeur. The Committee requests the Government to keep it informed of the follow-up to these questions.
5. 136. The Committee notes the Government’s statement to the effect that a text concerning the criteria to be used to determine the representativeness of the social partners is being drawn up and will be submitted to them. The Committee requests the Government to keep it informed of any new development in this regard and to communicate a copy of the final text.