Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Tunisia

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1968)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1959)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (Discrimination in Employment and Occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. Religion, political opinion and social origin. Further to its previous comments regarding the absence of a comprehensive legal framework prohibiting discrimination in employment and occupation on all the grounds covered by the Convention, the Committee notes the Government’s reference to the constitutional principle of equality before the law and, generally, to the establishment of educational and awareness-raising programmes on diversity and discrimination questions. Recalling that the grounds of religion, political opinion and social origin are not explicitly covered by the provisions of the national legislation, The Committee again requests the Government to take the necessary measures to ensure effective protection against discrimination in employment and occupation on these three grounds (religion, political opinion and social origin), including by considering how the relevant national legislation could be amended to cover them explicitly. It requests the Government to provide information on measures taken to this effect.

Race, colour and national extraction. In its previous comments, the Committee requested the Government to indicate the extent to which Basic Act No. 2018-50 of 23 October 2018 concerning the elimination of all forms of racial discrimination applies to the world of work and to provide information on the activities of the national committee to combat racial discrimination provided under the Act. The Committee observes, while noting the adoption of Government Decree No. 2021-203 of 7 April 2021 setting out the modalities for the creation of the committee and its attributions, that no information has been supplied regarding its effective establishment or its operation and that the Government report is silent in this regard. The Committee therefore again requests the Government to indicate the extent to which Basic Act No. 2018-50 applies to the world of work and to provide information on the establishment of the national committee to combat racial discrimination provided by the Act and on any activities undertaken by the committee relating to the world of work.

Articles 1(1)(a), 2 and 3(c). Special part-time work scheme for mothers. In its previous comments, the Committee noted that Act No. 2006-58 of 28 July 2006 introduced a special part-time regime in the public sector applicable exclusively to mothers of children under the age of 16 or with disabilities. Observing that the act of restricting application of this special scheme exclusively to mothers runs the risk of strengthening stereotypical attitudes regarding the traditional roles of men and women, the Committee requested the Government to review this provision. In the absence of information in this regard, the Committee requests the Government to take the necessary measures to amend Act No. 2006-58 and to provide information on measures taken to this effect.

Articles 1 to 3. National policy on equality of opportunity and treatment. Occupational segregation based on gender. In its previous comments, the Committee requested the Government to take proactive measures to combat occupational gender segregation. It notes that the Government refers to a national action plan in the public sector and to improved access for women to a wider range of employment opportunities and training, It notes however that in its concluding remarks of 2023, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) noted with concern women’s significantly lower labour force participation rate and higher unemployment rate in comparison with men, despite women’s high levels of education. The CEDAW was also concerned that women generally are concentrated in traditionally female employment sectors, and rural women in the agricultural sector, including as unpaid workers in family farming and low-paid seasonal workers (CEDAW/C/TUN/CO/7, 2 March 2023, para. 39). The Committee requests the Government to strengthen its promotion of equality of opportunity and treatment between men and women in employment and occupation (access to diversified training, combat of gender stereotypes, etc.) and to provide information on measures taken in this regard.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Further to its previous comments, the Committee notes with interest that section 19 of Basic Law No 2017-58 concerning the elimination of violence against women, sanctions all perpetrators of violence or economic discrimination based on sex where their actions result in wage discrimination for work of equal value. It notes that the Government also refers in its report to: (1) legal provisions and collective agreements that affirm gender equality and non-discrimination; (2) measures taken, including quotas, to promote women into decision-taking posts; and (3) public servants’ pay and wage scales contained in sectoral collective agreements and the special status of the staff of public enterprises in which no distinction based on sex is made. The Committee considers that the existence of wage scales is insufficient to guarantee to ensure full application of the principle of the Convention except where they are determined after an objective analysis of the value of the jobs concerned. The concept of “equal value” implies the adoption of a method allowing the measurement and comparison of the relative value of different jobs. Moreover, the Committee believes that besides sanctioning perpetrators of wage discrimination, now provided under Act No. 2017-58, proactive measures should also be taken to raise awareness, evaluate, promote and ensure the application of the principle of the Convention. The Committee requests the Government to provide information on the manner in which section 19 of Act No. 2017-58 is applied in practice and on any other measure taken to give full effect to the principle of the Convention, including on: (i) any objective method for evaluating jobs used to determine wage scales and in other wage-fixing mechanisms; and (ii) any measure to raise awareness or promote the principle of equal pay for work of equal value.

The Committee is raising other matters in a request addressed directly to the Government.