Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 383, Octobre 2017

1. 668. The Committee examined this case at its June 2016 meeting and presented an interim report for the Governing Body [see 378th Report, paras 775–808, approved by the Governing Body at its 327th Session].
2. 669. The Government provided partial observations in a communication dated 11 April 2017.
3. 670. Tunisia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 671. At its June 2016 meeting, the Committee made the following recommendations [see 378th Report, para. 808]:
   • (a) The Committee welcomes the government circular authorizing the deduction of trade union dues for the OTT for 2016 under the check-off system in the public sector and invites the Government to hold consultations with all the trade union organizations concerned with a view to permanently establishing a system which ensures that all trade union organizations in the public sector can benefit from the deduction of their members’ union dues under the check-off system.
   • (b) The Committee requests the Government to ensure, with a view to equal treatment for all trade unions, that all Cabinet circulars concerning the deduction of trade union dues of public employees give equal treatment to all persons in matters relating to the cancellation of union membership. The Committee urges the Government to provide detailed observations on this matter.
   • (c) Noting the Government’s statement that it has asked the administrative departments and enterprises concerned to provide information on the irregularities described, the Committee expects the Government to send information as soon as possible on the various measures that have affected the OTT members and officers concerned (Yassin Ben Ismaïl, Najwa Khila Ben Thabet, Kamal Kamoun, Samir El-Zawari, Imad Belkassem, Saber Eliyadi, Mohamed Ali Thulaithi and Madji El-Abdali). The Committee urges the Government to take the necessary steps to expedite investigations relating to the cases of permanent dismissal of trade unionists and, should these dismissals prove to have been on anti-union grounds, to ensure that the trade unionists are reinstated with the payment of all outstanding wages. If reinstatement is not possible for objective and compelling reasons, adequate compensation must be awarded as reparation for all injury suffered and to prevent any recurrence of such acts in the future.
   • (d) The Committee notes with concern allegations concerning the impossibility for OTT local and regional bodies to function properly and requests the Government to expedite investigations of the administrative departments concerned on the basis of the allegations and, if necessary, to take urgent corrective measures and send its observations in this respect.
   • (e) The Committee requests the Government to provide detailed observations in response to the allegation that the OTT is excluded from all negotiations between the workers and the administration, such as those that culminated in the signing of the collective agreement concerning employment mechanism No. 16. The Committee recalls the importance of consulting all trade union organizations concerned on matters affecting their interests or those of their members.
   • (f) The Committee requests the Government to ensure that comments or acts by the authorities do not result in obstruction of the exercise of trade union rights by the OTT or its members.
   • (g) The Committee requests the Government to keep it informed of the outcome of the investigation into several attempts to murder OTT general secretary Mr Lasaad Abid.
   • (h) The Committee once again reiterates its long-standing recommendation to the Government to take all necessary steps to lay down clear and pre-established criteria for determining trade union representativeness, in consultation with the social partners, and to keep it informed of any progress made on this matter. The Committee expects all the organizations concerned to be consulted in this respect and reminds the Government once again that it may avail itself of ILO technical assistance, if it so wishes.

B. The Government’s reply

1. 672. In its communication dated 11 April 2017, the Government provides information in response to some of the Committee’s recommendations.
2. 673. With regard to the collection of public employees’ union dues for the complainant organization, the Government indicates that, under Cabinet circular No. 3 of 9 January 2017 concerning the collection of public employees’ union dues for certain trade union organizations for 2017, public employees who are members of the Tunisian Labour Organization (OTT) benefit from the check-off system for trade union dues, as in other trade union organizations. The Government indicates that the collection of dues is conducted on an equal basis for all public employees, in accordance with a circular issued by the Cabinet. Lastly, the Government indicates that the monthly trade union due is collected at the written and signed request of the employee concerned.
3. 674. As to the alleged infringements of the trade union rights of OTT officers at the Société des transports de Tunis (Tunisian Transport Company) (TRANSTU), the Government provides the following information: Mr Mohamed Ali Thulaithi, general secretary of the primary trade union council for TRANSTU employees in Beb Saadoun, appeared before the disciplinary board for having attempted to conceal a stolen object and having contributed to its return, without informing his direct supervisors. After appearing before the disciplinary board, Mr Mohamed Ali Thulaithi was acquitted of all charges, and the case was closed. This proceeding has not had any impact on his professional career. Mr Madji El-Abdali, general secretary of the primary trade union council for light-rail employees, appeared before the disciplinary board for having caused chaos and division between employees, having accused the administration of impartiality and having caused damage to his supervisors’ reputation. The disciplinary board decided to sanction him with an office transfer without change of residence, and he was subsequently transferred from the railway network to the bus network within the company. This constitutes a second-degree sanction under the provisions of article 34 of the general regulations for TRANSTU employees, resulting in ineligibility for promotion during the year in question or the previous year. Mr El Abdali was consequently not promoted to grade 312, but will appear on the list of employees who are eligible for promotion in January 2018 and will no longer be blocked for promotion thereafter. The Government indicates that the company informed the General Directorate for Labour Inspection and Conciliation of the sanctions against the trade union officer and that the labour inspectorate replied by stating that it only addresses cases in which employees have been dismissed, in accordance with article 166 (new) of the Labour Code.
4. 675. With regard to the allegations of several attempts to murder OTT general secretary Mr Lasaad Abid, the Government indicates that it will provide the Committee with information on the measures taken at a later date, as it is awaiting information from the bodies concerned.
5. 676. Lastly, the Government states that it is working with the social partners to design a system of trade union representativeness that is based on a consensus among the social partners and takes into account both the economic and social reality and the industrial relations system in place in Tunisia. It is receiving technical assistance from the ILO in this regard. The Government reports that, as part of a project for social dialogue and strengthening good labour governance in Tunisia, a tripartite workshop on criteria for determining trade union representativeness was held on 22 and 23 February 2017, in which officials from the Ministry of Social Affairs and representatives of the Tunisian General Labour Union (UGTT) and of the Tunisian Union of Industry, Trade and Handicrafts (UTICA) took part.
6. 677. The Government adds that a tripartite committee, comprised of government, UGTT and UTICA representatives, has been set up and adopted the following working method: (i) identify the system of trade union representativeness to be adopted: absolute representativeness or relative representativeness, at various levels (national, regional, sectoral and institutional); (ii) establish objective and specific criteria to assess the degree of trade union organizations’ representativeness; (iii) specify the competences of trade union organizations according to the degree of their representativeness; (iv) specify the means by which trade union organizations may benefit from facilitation measures according to the degree of their representativeness; and (v) define the competent body for assessing the degree of trade union organizations’ representativeness; (vi) define the competent body for examining appeals relating to the findings of trade union representativeness assessments.
7. 678. It has been agreed to continue examining the issue of trade union organizations’ competences by drawing up an inventory of the various trade union competences and examining the method by which they should be granted to trade union organizations, in accordance with the degree of their representativeness and according to the four levels mentioned above, in conformity with the legislation in force and international labour standards. The work of the tripartite committee will continue with a view to drafting a bill to regulate the issue of trade union representativeness that would supplement the Labour Code.

C. The Committee’s conclusions

1. 679. The Committee recalls that the case under examination refers to allegations of serious anti union acts committed against the complainant organization by the authorities and a rival trade union federation ever since it was founded and also the Government’s alleged refusal to include the complainant in the process of collective bargaining in the public service. The Committee notes the information provided by the Government in response to some of its previous recommendations.
2. 680. With regard to the deduction of trade union dues for the OTT under the check-off system in the public sector, the Committee notes the Government’s indication that, under Cabinet circular No. 3 of 9 January 2017 concerning the collection of public employees’ union dues for certain trade union organizations for 2017, public employees who are members of the OTT benefit from the check-off system for trade union dues, as in other trade union organizations. The Committee understands that the current system of deduction is based on the adoption of an annual government circular and invites the Government to hold consultations with all the trade union organizations concerned on the possibility of establishing a more permanent system which ensures that all trade union organizations in the public sector can benefit from the deduction of their members’ union dues under the check-off system. Moreover, the Committee also requests the Government to ensure that the system for the collection of public employees’ union dues gives equal treatment to all trade union organizations in matters relating to the cancellation of union membership.
3. 681. The previous recommendations of the Committee also referred to various measures that have affected OTT members and officers (Yassin Ben Ismaïl, Najwa Khila Ben Thabet, Kamal Kamoun, Samir El-Zawari, Imad Belkassem, Saber Eliyadi, Mohamed Ali Thulaithi and Madji El-Abdali) in the administrative departments and enterprises indicated. The Government stated that it had asked the administrative departments and enterprises concerned to provide information on the irregularities described. The Committee notes that, in its latest report, the Government only refers to the situation of two trade union officers in a transport company. It refers to the case of Mr Mohamed Ali Thulaithi, general secretary of the primary trade union council for employees in Beb Saadoun, who appeared before the company disciplinary board for having attempted to conceal a stolen object and having contributed to its return, and who was found innocent. It also refers to the case of Mr Madji El-Abdali, general secretary of the primary trade union council for light-rail employees, who appeared before the company disciplinary board for having caused chaos and division between employees, accused the administration of impartiality and caused damage to his supervisors’ reputation. Mr El-Abdali was sanctioned with an office transfer without change of residence, which constitutes a second-degree sanction under the provisions of article 34 of the general regulations for the company’s employees, resulting in his ineligibility for any promotion until January 2018, the date from which he will once again be eligible for promotion.
4. 682. The Committee notes that the Government has not yet provided information on the OTT members and officers who, according to the complainant organization, were subjected to discriminatory penalties, ranging from suspension of the worker for a specified period to permanent dismissal, in the sectors of banking (Yassin Ben Ismaïl, Najwa Khila Ben Thabet and Kamal Kamoun), education (Samir El-Zawari and Imad Belkassem) and agriculture (Saber Eliyadi). Recalling that the Government previously stated that it had asked the administrative departments and enterprises concerned to provide information on the alleged irregularities, the Committee expects the Government to provide information as soon as possible on the situation of the abovementioned trade unionists.
5. 683. More generally, with regard to alleged anti-union violence towards OTT members and the impossibility for OTT local and regional bodies to function properly, the Committee notes with regret the lack of information from the Government on the corrective measures possibly taken in this regard in the administrative departments concerned and urges the Government to provide an environment in which OTT local and regional bodies can conduct their legitimate union activities without obstruction.
6. 684. With respect to the particularly serious allegations of several attempts to murder OTT general secretary Mr Lasaad Abid, the Committee notes with regret that the Government has not provided any information on the measures taken or on the findings of the judicial inquiry which, according to the complainant organization, would have been conducted. The Committee therefore reiterates its recommendation and expects the Government to provide without delay the findings of the inquiry on the attempts to murder Mr Lasaad Abid.
7. 685. Lastly, the Committee reiterated its long-standing recommendation to the Government to take all necessary steps to lay down clear and pre-established criteria for determining trade union representativeness and to ensure that all the organizations concerned are consulted in this respect. The Committee recalled that this is the only way that privileges granted to certain organizations vis-à-vis others – based on clearly established representativeness – might be understood and accepted. In this regard, the Government states that it is working with the social partners to design a system of trade union representativeness that is based on a consensus among the social partners and takes into account both the economic and social reality and the industrial relations system in place in Tunisia. The Government adds that a tripartite committee, comprised of government, UGTT and UTICA representatives, has been set up and adopted the following working method: (i) identify the system of trade union representativeness to be adopted: absolute representativeness or relative representativeness, at various levels (national, regional, sectoral and institutional); (ii) establish objective and specific criteria to assess the degree of trade union organizations’ representativeness; (iii) specify the competences of trade union organizations according to the degree of their representativeness; (iv) specify the means by which trade union organizations may benefit from facilitation measures according to the degree of their representativeness; (v) define the competent body for assessing the degree of trade union organizations’ representativeness; and (vi) define the competent body for examining appeals relating to the findings of trade union representativeness assessments. The work of the tripartite committee should continue with a view to drafting a bill to regulate the issue of trade union representativeness that would supplement the Labour Code. Lastly, the Government adds that it is receiving technical assistance from the ILO through a project for social dialogue and strengthening good labour governance in Tunisia. The Committee welcomes this information, which shows the Government’s commitment to progressing on the issue. It nevertheless expects the Government to take all necessary steps to conclude as soon as possible the tripartite consultations being held to lay down clear and pre-established criteria for determining trade union representativeness. The Committee also insists on the need to hold such consultations in an inclusive manner in a framework that includes all the organizations affected by this issue. The Committee urges the Government to keep it informed of any developments in this regard.