International Trade Union Confederation

Freedom of association / Right to organise

Freedom of association

Anti-Union discrimination

Restrictions on workers’ right to form and join organisations of their own choosing

Undue or excessive privileges granted to certain organisations (such as privileges going beyond that of priority in representation for such purposes as collective bargaining or consultation by governments, or for the purpose of nominating delegates to int

All strike action must be approved by the Central Workers Union in order to be legal (arts 376 and 387, Labour Code).

Restrictions on trade unions’ right to organise their administration

Restrictions on the right to elect representatives and self-administer in full freedom

All persons in charge of the administration or direction of a trade union must be Tunisian (either by origin or having had Tunisian nationality for at least five years), aged at least 20 years old and enjoy all their civil and political rights (art. 251, Labour Code).

Categories of workers prohibited or limited from forming or joining a union, or from holding a union office

Non-national or migrant workers

Foreigners may only be appointed or elected to an administrative position or direction of a union if they have obtained the approval of the Secretary of State for Youth, Sports and Social Affairs 15 days prior to the establishment of the union or the renewal of the Board of Directors by election or otherwise. This approval is given after review of Secretaries of State concerned (art. 251, Labour Code).

Barriers to the establishment of organisations

Sanctions imposed for organising or joining an organisation not officially recognised

If a founder, director or administrator of a trade union fails to deposit the required documents as stipulated by art. 250 of the Labour Code, he or she shall face a fine of between 30 and 300 dinars. Repeated contravention can lead to imprisonment (art. 257, Labour Code).

Restrictions on trade unions’ right to establish branches, federation and confederation or to affiliate with national and international organisations

The Labour Code prohibits a union being formed as a section of a foreign and administratively dependent union (art. 253, Labour Code).

Others categories

Workers between the ages of 16 and 18 may only join trade unions with the consent of their father or guardian (art. 242, Labour Code).

Right to collective bargaining

Right to collective bargaining

Barriers to the recognition of collective bargaining agents

Previous authorisation or approval by authorities required to bargain collectively

Where a collective agreement is to regulate relations between employers and workers of an entire industry, its conclusion is subject to the determination of its territorial and professional application by a decree of secretariat of the State for Youth, Sports and Social Affairs, issued after consultation with the National Commission of social Dialogue (art. 37, Labour Code).

Other limitations

Other limitations

On 9 December 2021, the government issued a circular No. 20 to all ministries and government institutions which prohibits anyone from negotiating with the unions without the formal and prior authorization of the Head of Government.

Restrictions on the principle of free and voluntary bargaining

Prohibition or limitation of collective bargaining at a certain level (local, regional, territorial, national; enterprise, industry, sector or general)

A collective agreement regulating relations in an establishment or group of establishments cannot be entered into if a collective agreement that has been approved already applies to the establishment(s), unless the Secretary of State for Youth, Sports and Social Affairs orders otherwise (art. 44, Labour Code). This will prevent an enterprise-level agreement being entered into where a relevant industry-level agreement already exists.

Restrictions on the scope of application and legal effectiveness of concluded collective agreements

Endorsed collective agreements not regarded as legally binding or enforceable

An industry-level collective agreement will only be binding if agreed to by the Secretary of State for Youth, Sports and Social Affairs, after review by the National Social Dialogue Commission (art. 38, Labour Code).

Absence of criteria or discretionary, unclear or unreasonable criteria for determining representative organisations

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

Authorities’ approval of freely concluded collective agreements

If an industry-level agreement is not approved, it will be not be binding on the parties (art. 38, Labour Code).

Absence of recourse to an independent body responsible for declaring whether an organisation may negotiate or not

Disputes over the representativeness of one or more trade unions shall be determined by order of the Secretary of State for Youth, Sports and Social Affairs, issued after consultation with the National Social Dialogue Commission (art. 39, Labour Code).

Authorities’ or employers’ power to unilaterally annul, modify or extend content and scope of collective agreements

The Secretary of State for Youth, Sports and Social Affairs may, on his or her own initiative grant, deny or annul a collective agreement in force (art. 38 and 41, Labour Code). The criteria applied and decisions taken shall be based on the opinion of the National Social Dialogue Council, a tripartite body which is not operational yet.

Right to strike

Right to strike

Barriers to lawful strike actions

Previous authorisation or approval by authorities required to hold a lawful strike

Strike action must be approved by the Central Workers Union in order to be legal (arts. 376 bis and 387, Labour Code).

Undue interference by authorities or employers during the course of a strike

Authorities’ or employers’ power to prevent or end a strike by referring the dispute to arbitration

The Prime Minister may order a conflict to be submitted to arbitration if it involves an essential service (art. 381, Labour Code).

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

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.

Ban or limitations on certain types of strike actions

Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)

Wildcat strikes are illegal under the Labour Code. Strike action must be approved by the Central Workers Union in order to be legal (arts. 376 bis and 387, Labour Code).

Forcible requisitioning of workers strikers (apart from cases in public essential services)

Workers in any service may be requisitioned if their strike action is likely to affect the normal functioning of an essential service (art. 389, Labour Code).

Absence of compensatory guarantees for categories of workers deprived of the right to strike

If the conflict involves an essential service, submission to arbitration can be decided by order of the Prime Minister (art. 381 ter, Labour Code). However, following submission for arbitration, no greater guarantees regarding the timeframe for arbitration, or other compensatory guarantees, are established.

Undermining of the recourse to strike actions or their effectiveness

Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions

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).

Excessive sanctions for damages caused by strike actions

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).

Other undue, unreasonable or unjustified prerequisites

Ten days' notice of strike action must be provided by registered mail to the other party to the dispute and to the regional conciliation office or regional labour inspector or, where the strike action will extend beyond the territorial limits of one region, to the central conciliation office or the Director General of the labour inspectorate (arts. 376 bis and 378, Labour Code). The notice of strike action must be sent to the parties simultaneously by registered letter and with acknowledgment of receipt. The notice must contain the following information: the location, date and duration of the strike, and the reason for the strike (art. 376 ter, Labour Code).