ARTICLE 15
The Right to work and to equal salary
286. Article 15 of the Charter stipulates that « every individual shall have the
right to work under equitable and satisfactory conditions, and shall receive equal
pay for equal work ».
287. In Tunisia, the right to work, under equitable and satisfactory conditions of
work and with equal pay for equal work is a right which is legally protected and
guaranteed by the State. The right to work is a social right – that is a right
guaranteed by the society – fundamental because it is inscribed in the Tunisian
Constitution whose preamble recognizes the State as a debtor of « the right to
work » and of social protection for the benefit of each citizen.
288. Furthermore, Tunisia has ratified the International Labour Convention n°
122, on employment policy and which requires that States undertake to draw up
and implement an active policy, as an essential objective, intended to encourage
employment, in a context guaranteeing the production and freedom of choice.
289. President Zine El Abidine Ben Ali presided over the opening of the
International Labour Conference in Geneva (1995) in testimony of the
consideration for Tunisia’s achievements in the areas of social development, of
employment and the protection of human rights in their overall meaning, whether
these rights are political, economic, social, cultural or environmental.
I- Guaranteeing the Rights of Workers
290. The Labour Code, promulgated by the law n° 66-27 of the 30th April 1966
had been amended several times for the purpose of improving the functioning of
the mechanisms for the settlement of individual employment related conflicts (law
n° 94-29 of 21st February 1994) and of inciting and accompanying the economic
development of the country, by preparing new types of work contracts and by
improving the work environment (law n° 96-62 of 15th July 1996).
291. In order to enable the worker to enjoy satisfactory working conditions, the
Tunisian legislation guarantees him in particular, the right to a salary, to a weekly
day off and to paid leave.
A) The Right to a Minimum Wage
292. In the effort to emprove the worker’s standard of living and to protect the
purchasing power of the low income salaried workers, Tunisia acceded to the
principle of fixing minimum wages and ratified the International Labour
Convention (n° 26) on the methods of fixing minimum wages (industry) in 1957 as
well as the Convention (n° 99) on the methods of fixing minimum wages
(agriculture) in 1959.
293. In the private sector, Article 134 of the Labour Code stipulates that «the
remuneration of workers of all categories is determined, either by direct
agreement between the parties, or by collective Convention, and respecting a
legal minimum wage guaranteed and fixed by Decree ».
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