Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Tunisia (Ratification: 1957)

Other comments on C026

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes the adoption of Decree No. 2012-1981 of 20 September 2012 which sets the new guaranteed minimum inter-professional wages (SMIG) at 301.808 Tunisian dinars (TND) (approximately €140) and TND259.479 (approximately €120) per month, respectively, for 48 and 40 hours of work per week. The Committee also notes that Decree No. 1212-1983, concerning the re evaluation of the transport indemnity for wages paid under the SMIG in the non agricultural sectors, which was raised from TND10 to TND16.112 (approximately €7.5) per month. The Committee also notes the comments of the Government according to which the increase in the SMIG went into effect after consultation with the most representative employers’ and workers’ organizations. The Committee requests that the Government provide the most ample information on the process of consultation, by indicating, for example, the socio economic elements taken into consideration during the re-evaluation of the SMIG and by communicating each meeting report, copies of studies or other official documents used during these consultations. The Committee also requests the Government to specify if the National Minimum Wages Committee, established by Decree No. 1974-493 of 20 April 1974, is still operating or if it was replaced by the National Tripartite Social Dialogue Council, the creation of which is in progress.

Article 3, paragraph 2(3). Mandatory character of minimum salaries. Following up on the previous comments on salary rates for young workers, the Committee notes that Decree No. 2012-1981 permitted setting a differentiated minimum wage for these workers, without, however, being less than 85 per cent of that for adults. The Committee wishes to recall that, except for provisions concerning apprenticeship, reasons which were taken into consideration during the adoption of minimum rates for young workers must be the subject of periodic re examination based on the principle of equal pay for work of equal value, and the levels of remuneration must, in principle, be set on the basis of objective factors, such as the quantity and quality of work accomplished. Consequently, the Committee requests the Government to communicate in its next report any development concerning the question of differences in minimum wage rates with respect to age, particularly in view of the full application of the “equal pay for work of equal value” principle.