Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Tunisia

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 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 2024.

Tunisia’s overall score is 63 out of 100. The overall score for Tunisia is lower than the regional average observed across Middle East and North Africa (64). Within the Middle East and North Africa region, the highest score is observed for Morocco (77).

Togo ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1983.

Labour Rights Index 2024

63/100

LRI Country Score

0/100

Freedom of Association 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 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

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. 2022 ; ITUC Global Rights Index 2024 (Tunisia Profile)

B,C

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

No

0

§31-52, Labour Code 1966; CEACR, C87, Obs. 2023 ; ITUC Global Rights Index 2024 (Tunisia Profile)

A,B,C

Does the law provide for the right to strike?

No

0

§35-37, Tunisia's Constitution 2014; §376-390, Labour Code, 1966; §137, Criminal Code 2004; ITUC Global Rights Index 2024 (Tunisia Profile)

A,C

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§387 & 388 of the Labour Code, 1966; §137 of the Criminal Code, 2004; ITUC Global Rights Index 2024 (Tunisia Profile)

A,C

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

D : USDOS

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

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/  

Freedom of Association Indicator
The Freedom of Association 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 2024 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. 

Information

Source: §35 & 36, Tunisian Constitution 2014; §242-256, Labour Code 1966; CEACR, C87, Obs. 2022 ; ITUC Global Rights Index 2024 (Tunisia Profile)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Articles 2 and 3 of the Convention. Legislative amendments. In its previous comments, the Committee urged the Government to take all the necessary measures to amend the following sections of the Labour Code: section 242, 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; ................. The Committee once again notes with deep regret that the Government has not reported any progress in bringing the legislation into conformity with the Convention and that it only indicates that a revision of the Labour Code requires consultations with the social partners, and that no legislative amendment may be made unilaterally without the participation of the organizations concerned. The Committee once again urges the Government to take the necessary measures, in response to its longstanding recommendations and in consultation with the social partners, to give full effect to the provisions of the Convention."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Members of any professional union who are in charge of the administration or management of the union must be Tunisian (by birth or having acquired nationality at least five years ago), be at least 20 years of age and enjoy all their civil and political rights (Article 251, Labour Code). "

Information

Source: §31-52, Labour Code 1966; CEACR, C87, Obs. 2023 ; ITUC Global Rights Index 2024 (Tunisia Profile)

A : National Law

National Labour Legislation

"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."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. In its previous comment, the Committee noted the decree of 26 September 2018 establishing criteria for trade union representativeness at the national level and requested the Government to specify the frequency and mechanism for measuring trade union membership for the purpose of appointing members of the National Social Dialogue Council. The Committee also requested the Government to engage in inclusive consultations with all workers’ and employers’ organizations concerned to ensure that the determination of representative organizations at sectoral and enterprise level is also based on clear, pre-established and objective criteria. The Committee notes the Government’s indication that, in accordance with section 39 of the Labour Code, in the event of a disagreement regarding the greater representativity of one or several trade union organizations, the issue is settled by order of the secretary of State for young persons, sports and social affairs further to the opinion of the National Social Dialogue Council and is not subject to any specific timeframe. The Committee notes the Government’s indication that, pending consensus among the workers’ and employers’ organizations represented on the National Social Dialogue Council, section 39 has not yet been amended. The Committee once again requests the Government to indicate all measures taken to ensure that the determination of the representative organizations at sectoral and enterprise level is based on clear, pre-established and objective criteria, and it trusts that such criteria will be agreed upon in the very near future following consultations with all concerned workers’ and employers’ organizations."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The criteria used to determine the character of the most representative organization in the event of a dispute regarding the representativeness of one or more trade union organizations are not established (Article 39, Labor Code). "

Information

Source: §35-37, Tunisia's Constitution 2014; §376-390, Labour Code, 1966; §137, Criminal Code 2004; ITUC Global Rights Index 2024 (Tunisia Profile)

A : National Law

National Labour Legislation

"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."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Article 381 ter of the Labour Code stipulates that essential services are those whose interruption would endanger the life, safety or personal health of all or part of the population. It goes on to indicate that the list of essential services will be fixed by decree. There is no requirement to engage in consultations and no decree has been identified in this regard."

Information

Source: §387 & 388 of the Labour Code, 1966; §137 of the Criminal Code, 2004; ITUC Global Rights Index 2024 (Tunisia Profile)

A : National Law

National Labour Legislation

"Article 387: In the event of non-compliance with the provisions of this chapter, especially the provisions of Articles 376, 376 bis and 376 ter of this Code, the strike or work stoppage is illegal. Employment relations are severed by the party responsible for non-compliance with the provisions of this chapter. (Amended by Law No. 77 of 1973 dated December 8, 1973) Article 388 H of Law No. 1) When the strike or work stoppage is in violation of the law, anyone who incites the continuation of the strike or work stoppage or participates in it shall be punished by imprisonment for a period ranging from three months to eight months and a fine ranging from 100 dinars to 500 dinars. In the event of recidivism, these two penalties shall be doubled. 2) Anyone who occupies the workplace during the strike or work stoppage Violators of the law shall be punished with the same penalties stipulated in the previous paragraph. 3) Anyone who uses machines, devices or tools owned by the institution for purposes other than those for which they were prepared shall be punished with the same penalties stipulated in paragraph 1 of this chapter if such use is likely to disrupt the workflow of the institution or undermine public security. 4) Anyone who damages or attempts to damage, during a strike or work stoppage, objects, machines, materials, goods, devices or tools owned by the institution shall be punished with the same penalties stipulated in Article 125 of Article 137 of the Penal Code, and Article 53 of the aforementioned Code shall not apply in this case. 5) The procedures followed to deter violations stipulated in this chapter are the same procedures followed when caught red-handed. Criminal Code: 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. "

C : ITUC

ITUC Global Rights Index (country legal profile)

"A worker who is involved in an illegal strike may be summarily dismissed. Any person who participates in or encourages the continuation of an illegal strike, or who pickets during an illegal strike, or who uses machinery, etc ., belonging to the company for purposes other than those intended, with the effect of disrupting operations or undermining public order, shall be punished with a term of imprisonment of between three to eight months and a fine of between 100-500 dinars (or double that period / amount in the case of repeated contraventions) (arts. 387 and 388, Labour Code). ____________________________ Any person who damages or attempts to damage machines, materials goods, equipment or instruments belonging to the company during a strike or lockout shall be liable to the five years' imprisonment and a fine of 240 dinars (art. 389, Labour Code; art. 137, Penal Code)."