Tunisia-Employment: Temporary Work, the UGTT Is Not Against It...Under Certain Conditions
21 June 2010
Read by 1423 persons
The concept of salaried work has always undergone changes linked to societal development and the values that shape it. Temporary work became a social phenomenon in Western countries during the 1990s and, with the concept of employment flexibility, spread throughout the world thanks to globalization and the desires of multinational companies.
In Tunisia, the phenomenon exists, and even if the legal framework is not specifically defined, this employment method continues to develop in response to market demands. To better understand this issue, we met with Mr. Mongi Abderrahim, General Secretary of the General Federation of Professions and Services (FGPS) of the UGTT.
To begin, Mr. Abderrahim recalls that current labor legislation prohibits temporary work as it is understood: a fixed-term contract in a specific company, generally employing managers and administrative staff. Thus, the companies that have multiplied in recent years, under international or local names as temporary work providers, do so under other legal frameworks.
The General Secretary of the FGPS specifies that: "Security, cleaning, and on-site workforce services are provided for by law (the Labor Code, articles 28, 29, and 30, concerning the subcontracting of work that is not inherent to the company's work and that can be outsourced as is said)."
Our interlocutor explains that "the labor union, while reluctant to legalize this employment method, does not have a systematic refusal but demands social debate. The UGTT is not against work flexibility in absolute terms but against the systematic use of this solution and against the denial of workers' fundamental rights. Safeguards and guarantees must be found that, while introducing flexibility, guarantee rights, as has been done with the amendments to the Labor Code that have concerned, in the past, employment contracts or dismissal procedures."
Mr. Abderrahim explains that reflection and study are necessary to first "unify the definitions and concepts of temporary work, subcontracting, temporary employment, and business services. We are aware that our economy is in an open international market and we must draw inspiration from international experiences in this area, because continuing to refuse any reform leads to deadlock, illegal situations, or perhaps improvements that remain punctual and limited."
The General Secretary of the FGPS points out in this regard that "the International Labour Office (ILO), through its regional office in Cairo, and under the impetus of our colleague Mohamed Trabelsi, ILO representative for the MENA region, has initiated significant reflection on this issue for the entire region, which will be addressed through studies, seminars, and meetings with local unions, the ILO, and major international union networks such as UNI."
Our interlocutor specifies that "the unions' demands concern specific points that must be integrated into any reform process. Thus, equal treatment between temporary and permanent employees must be guaranteed, as must trade union rights, social coverage, and the benefits of the same social advantages for temporary and permanent employees of the company. On the other hand, temporary work must not replace a permanent position or a striker, and the contract must meet the same requirements as that of a fixed-term contract (CDD), widely used today."
The situation on the ground, for Mr. Abderrahim, is quite different, "we are interested as a Federation to which this sector belongs. Today, there are more than 200 companies officially declared as service companies, in security, cleaning, the rental and management of manpower, and temporary work or temporary employment, of course. These companies employ no fewer than 250,000 people. The only rather organized sector is that of security, which has a collective agreement and a specific law governing it. At the suggestion of the Ministry of Social Affairs, we are in a very advanced stage of discussion with companies specializing in cleaning to develop a collective agreement that will better organize work and guarantee the rights of workers."
Published on June 21, 2010, 7:23:00 AM
Posted online on June 21, 2010
webmanager
In Tunisia, the phenomenon exists, and even if the legal framework is not specifically defined, this employment method continues to develop in response to market demands. To better understand this issue, we met with Mr. Mongi Abderrahim, General Secretary of the General Federation of Professions and Services (FGPS) of the UGTT.
To begin, Mr. Abderrahim recalls that current labor legislation prohibits temporary work as it is understood: a fixed-term contract in a specific company, generally employing managers and administrative staff. Thus, the companies that have multiplied in recent years, under international or local names as temporary work providers, do so under other legal frameworks.
The General Secretary of the FGPS specifies that: "Security, cleaning, and on-site workforce services are provided for by law (the Labor Code, articles 28, 29, and 30, concerning the subcontracting of work that is not inherent to the company's work and that can be outsourced as is said)."
Our interlocutor explains that "the labor union, while reluctant to legalize this employment method, does not have a systematic refusal but demands social debate. The UGTT is not against work flexibility in absolute terms but against the systematic use of this solution and against the denial of workers' fundamental rights. Safeguards and guarantees must be found that, while introducing flexibility, guarantee rights, as has been done with the amendments to the Labor Code that have concerned, in the past, employment contracts or dismissal procedures."
Mr. Abderrahim explains that reflection and study are necessary to first "unify the definitions and concepts of temporary work, subcontracting, temporary employment, and business services. We are aware that our economy is in an open international market and we must draw inspiration from international experiences in this area, because continuing to refuse any reform leads to deadlock, illegal situations, or perhaps improvements that remain punctual and limited."
The General Secretary of the FGPS points out in this regard that "the International Labour Office (ILO), through its regional office in Cairo, and under the impetus of our colleague Mohamed Trabelsi, ILO representative for the MENA region, has initiated significant reflection on this issue for the entire region, which will be addressed through studies, seminars, and meetings with local unions, the ILO, and major international union networks such as UNI."
Our interlocutor specifies that "the unions' demands concern specific points that must be integrated into any reform process. Thus, equal treatment between temporary and permanent employees must be guaranteed, as must trade union rights, social coverage, and the benefits of the same social advantages for temporary and permanent employees of the company. On the other hand, temporary work must not replace a permanent position or a striker, and the contract must meet the same requirements as that of a fixed-term contract (CDD), widely used today."
The situation on the ground, for Mr. Abderrahim, is quite different, "we are interested as a Federation to which this sector belongs. Today, there are more than 200 companies officially declared as service companies, in security, cleaning, the rental and management of manpower, and temporary work or temporary employment, of course. These companies employ no fewer than 250,000 people. The only rather organized sector is that of security, which has a collective agreement and a specific law governing it. At the suggestion of the Ministry of Social Affairs, we are in a very advanced stage of discussion with companies specializing in cleaning to develop a collective agreement that will better organize work and guarantee the rights of workers."
Published on June 21, 2010, 7:23:00 AM
Posted online on June 21, 2010
webmanager
