Tunisia - National Council for Social Dialogue (NCSD)

Institutional characteristics

1. Establishment

- Date of creation: July 24, 2017

- Year operational: November 2018

- Nature of the texts that create the institution (Constitution, law, decree, etc.): 

Law ( Law N°2017-54 date July 24, 2017) established the National Council for Social Dialogue and determined its mandate and operational modalities

- Have any changes in recent years happened concerning the nature, membership, capacities of the Institution.

No changes

2. Mandate

Consultation and advisory ✅

Negotiation ☐

Both ☐

3. Mission and attributions

According to articles 2 and 3 of the law N°2017-54, the NCSD is responsible for organizing and managing social dialogue on social and economic issues of common interest for the social partners. It allows workers’ and employers’ organizations to participate in the debate on national issues, contribute to the development of sectoral policies and promote the economic and social development model, in addition to taking part in the debate on issues related to employment, unemployment, education and administration reform as well as the reform of social funds

4. Composition :

- Number of members: 105

- Duration of the term: 6 years

- Membership categories:

Tripartite Government ( 35 members); Workers (35 members -UGTT); and employers ( 30 members UTICA and 30 members UTAP)

- Process of designating the members (election, nomination, by whom, etc.):

nomination

• UGTT: Union Générale Tunisienne du Travail
• UTICA: Union Tunisienne de l’Industrie du commerce et de l’Arisanat
• UTAP: Union Tunisienne de l’Agriculture et de la Pêche

5. Management organs

Presidium / Bureau / Cabinet / Other: Please specify role, composition, designation :

Assembly General / Plenary session / Other: Please specify role, frequencies of meeting: 1 session buy two months

General Secretariat: Please specify role, composition, designation:

Designation by decree

Rapporteur of assembly general and bureau

Director general of administration for the NCSD

6. Operational arrangement of the Permanent Secretariat

Yes ✅

No ☐

7. Gender balance (% of women)

Between 0% and 9% ☐

Equal or more than 10% ✅

Equal or more than 30% ☐

Equal or more than 50% ☐

8. Reporting Institution

Government ☐

Parliament ☐

Cabinet of President ☐

Cabinet of Prime Minister ☐

Ministry of Finance ☐

Ministry of Labour ☐

Ministry of Social Affairs ✅

Others (please specify):

9. Budget

Amount :

Between $0 and $249,000 ☐

Equal or more than $250,000 ✅

Equal or more than $500,000 ☐

Equal or more than $750,000 ☐

State budget

III. Organizational Structure

1. Committees/Sub-committees/working groups:

6 committees :(18 members /committee)

2. Is there in your country any institutions of social dialogue outside your institutions?

No

IV. Functioning of the ESC

1. Who convenes the Institution?

The president

2. Has the Institution a legal right to issue own-initiative opinion? Yes.

The NCSD may voluntarily take up questions relating to work and professional relations, which it deems worth raising and present proposals on this subject to the competent parties.

3.How are decisions taken inside the Institution

By vote ✅

By consensus ✅

4. What kind of payment do the Councillors receive: wage, compensation, other?

The councilors signs service contract

5. Is the Government obligated to follow the opinion issued by the Institution?

No

6. Is the Government obligated to report on the fate of the Institution opinions?

No

7. Are there official publications of the Institution opinions?

Yes

8. Is the public opinion informed about the Institution works? How?

Yes – website

9. What kind of relationship does the ESC have with civil society?

The NCSD examines legislation (laws+ decrees )relating to this field + strategy +document

Part of the Institution ☐

Institutionalised relation ☐

Uninstitutionalised relation ☐

Collaboration ✅

Participation in the drafting of reports ☐

Nothing at all ☐

V.Main technical areas of competencies

Since the Council discusses topics upon social partners´ interest and request, all the mentioned fields are subject of discussion within the Working Teams and Plenary Session.

Agriculture ✅

Civil Society ☐

Corporate Social Responsibility ☐

Culture ☐

Education and Training ✅

Employment policy and labour market regulation ✅

Environmental Policy ☐

European Affairs ☐

Financial and Economic Policies ✅

Fiscal and Taxation Policies ✅

Fundamental principles and rights at work ✅

Gender equality and anti-discrimination ☐

Governance ☐

Health and Medical Policy ☐

Infrastructure, Transport, and Energy Policies ☐

International affairs ☐

Labour Law reform ✅

Legal Affairs ☐

Productivity and competitiveness ✅

Science, Technology and Innovation Strategy and Industrial Policy ☐

Social Affairs ✅

Social Dialogue and Tripartism ✅

Industrial relations and Collective bargaining ☐

Dispute prevention and resolution ☐

Social Security and Social Protection ✅

Sustainable Development Goals (SDGs) ✅

Territorial Management ✅

Workplace compliance and working conditions ✅

Youth Employment ☐

Other : *The NCSD may voluntarily take up questions relating to work and professional relations which it deems worth raising and present proposals on this subject to the competent parties.

VI. Brief description of major results obtained by your Institution in the last 3 years

Please give examples (Recommendations issued, Reports, Collective Agreements concluded, Conflict prevention and social peace obtained, National policies or legal frameworks including recommendations, Reform of your institution) and attached relevant documents

Collective agreements concluded: wage increase agreement in the private sector of the period (2022-2024) concluded on January 01, 2022 – see attached document