LABOUR RIGHTS INDEX 2022

Trade Union
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Trade Union
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LRI 2022
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lri 2022 Country Profiles

Tunisia

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

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Tunisia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1957 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1957.

Labour Rights Index 2022

63/100

LRI Country Score

0/100

Trade Union Indicator

38.11 %

Trade union density rate (%)

62.9 %

Collective bargaining coverage rate (%)

1.65

SDG indicator 8.8.2

5

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§35 & 36, Tunisian Constitution 2014; §242-256, Labour Code 1966; CEACR, C87, Obs. 2018

B

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§31-52, Labour Code 1966; ITUC Global Rights Index 2022, Tunisia profile

A / C

Does the law provide for the right to strike?

No

0

§35-37, Tunisia's Constitution 2014; §376-390, Labour Code, 1966; ITUC Global Rights Index 2022, Tunisia profile

A / C

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

§389-390 of the Labour Code, 1966; §137 of the Criminal Code, 2004

A

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

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Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, Obs. 2018

Right of workers, without distinction whatsoever, to establish and join organizations. The Committee previously requested the Government to take the necessary measures to amend section 242 of the Labour Code, which provides that minors aged 16 years and over may belong to trade unions, if there is no opposition from their parent or guardian. The Committee notes that the Government once again reiterates that the protection put in place is only prompted by legal considerations relating to the exercise of authority by the parent or guardian, in accordance with section 93 bis of the Code of Obligations and Contracts. The Government reiterates that section 242 of the Labour Code has not been challenged by the representative organization of workers. The Committee is bound to recall once again that any distinction involving parental consent with regard to trade union membership when minors have attained the age of employment is contrary to Article 2 of the Convention. The Committee therefore once again requests the Government to take the necessary measures to amend section 242 of the Labour Code to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian.

Violations

National Labour Legislation / ITUC Global Rights Index 2022
Art. 39 of Labour Code 1966

Art. 39 – In the event that a dispute arises concerning the character of the greatest
representativeness of one or more trade unions, an order of the Secretary of State for
Youth, Sports and Social Affairs, taken after consulting the national commission for social dialogue will determine which of these organizations which, within the framework of the branch of activity and in the territory in question, will be called upon to conclude the collective agreement.

ITUC Global Rights Index 2022, Tunisia profile

No criteria are established for determining disputes over the representativeness of one or more trade unions (see art. 39, Labour Code).

Violations

National Labour Legislation / ITUC Global Rights Index 2022
Art. 381 ter of Labour Code 1966

Art. 381 ter – If the conflict concerns an essential service, its submission to arbitration may be decided by order of the Prime Minister.
Is considered an essential service, the service where the interruption of work would
endanger the life, safety or health of persons in all or part of the population. The list of essential services is fixed by decree.

ITUC Global Rights Index 2022, Tunisia profile

Article 381 of the Labour Code provides that a service will be regarded as an essential service if the interruption of it would endanger the life, personal safety or health of persons in the whole or part of the population. It goes on to provide that a list of essential services will be fixed by decree. No consultation requirements are established and no such decree has been identified.

Violations

National Labour Legislation
§137, Criminal Code 2004

Article 137
Anyone caught in possession of any leaflet, written, printed matter, or any other material that has sacrificed to overthrow the ruling system in the state by force, illegal means, or violation shall be punished with imprisonment for a term not exceeding five years. public security, or promoting one of these matters.