COUNTRY

Written Agreements

Tunisia's Labor Code does not explicitly prohibit the use of oral employment contracts. The employment relationship is proven by all means. However, fixed-term contracts must be concluded in writing and made in 2 copies: the employer keeps 1, and the other is issued to the employee.

Oral Agreements

Tunisia's Labor Code does not explicitly prohibit the use of oral employment contracts. The employment relationship is proven by all means. However, fixed-term contracts must be concluded in writing and made in 2 copies: the employer keeps 1, and the other is issued to the employee.

Implied Agreements

Tunisia's Labor Code offers no provisions or guidance on implied contracts. The industry's best practice is to be cautious of implied contracts by frequently utilizing or adapting written agreements. The Code of Obligations provides that contracts can be made tacitly and their existence can be proven by the behavior of the parties. The employment relationship is proven by all means.

Tunisia's Labor Code sets a standard 48-hour workweek for most sectors and requires one weekly 24-hour rest period. The standard working hours may be reduced without going below a 40-hour week or an equivalent average established over a period of time other than a week (but not exceeding 1 year). In case of interruption of work, the law allows certain industries to increase the working duration to a maximum of 64 hours a week in order to take into account the loss of time resulting from the interruption.

January 1: New Year’s Day; March 20: Independence Day; April 9: Martyrs’ Day; May 1: Labour Day; June 15,16, and 17 End of Ramadan; July 18; July 25: Republic Day; August 13: Women’s Day; August 22 Eid al-Idha (Feast of the Sacrifice) (depending on the moon calendar, shifts towards the beginning of the year by 11 days per year); August 23 and 24 Aid El Kebir Holiday (date varies on Lunar cycle); September 11 Ras elam el Hejri; October 15 Evacuation Day; November 20 Prophet Mohammed’s Birthday.

The religious holidays are officially confirmed by the religious authorities of the Tunisian government.

Tunisia's Labor Code provides annual leave to all employees upon completion of at least 1 month of service. Employees over 21 are entitled to 1 day of leave per month for a total duration of 15 calendar days (12 working days) of annual leave.

The duration of annual leave for employees under 18 years of age is a total of 30 calendar days (24 working days) annually and accrues at the rate of 2 working days per month. The duration of annual leave for workers aged 18-21 years is a total of 21 calendar days (18 working days) and accrues at the rate of 1 and a half working days per month.

The amount of annual leave an employee is entitled to also increases with the employee's length of service by one additional day of leave for every 5 years of continuous service with the same employer, up to a maximum of 18 days. Employees are entitled to their regular wages and other benefits for the duration of their annual leave.

Tunisia's Labor Code does not specify the amount of paid sick leave to which an employee is entitled. Sick leave causes the employment contract to be suspended. Sick leave only constitutes a reason for termination if it is sufficiently serious or prolonged that the company's needs require the employer to replace the sick employee. Tunisia's social insurance fund provides sickness benefits to employees for up to 180 days a year after a 5-day waiting period. Two-thirds (66.7%) of the insured worker's average daily wage is paid for the first 3 years; 50% is paid for up to 180 days a year in each subsequent year. Benefits are paid every 2 weeks.

Female employees in Tunisia are entitled to 15 days of prenatal leave during the last month of their pregnancy and 3 months upon the child's birth and may request additional leave for up to 4 months at the end of the maternity leave. In the case of multiple births or the newborn is disabled, premature, or suffering from a medical condition, a female worker is entitled to an additional month. Leaves are granted upon the employee providing a medical certificate. Female employees are entitled to a leave of 1 month upon giving birth to a stillborn child.

Tunisia's Labor Code provides paternity leave to fathers upon their child's birth.

Private sector employees are entitled to 7 days of paternity leave or 10 days in the case of multiple births or if the newborn is disabled, premature, or suffering from a medical condition. The employee is entitled to 3 days of leave if the child is stillborn.

Minimum Wage

On January 1, 2022, the Tunisian General Labour Union and the Tunisian Union of Industry, Trade, and Handicrafts signed an agreement to increase the minimum wages of private sector employees for 2022-2024.

The current guaranteed minimum interprofessional wage in the non-agricultural sectors governed by the labor code is fixed at TND 390.62 (Tunisian dinars) for a 40-hour workweek and at TND 459.264 per month for a 48-hour workweek. The minimum wage applies to employees who are at least 18 years old.

The guaranteed minimum agricultural wage is set at TND 17.664 per day for workers who are at least 18 years old. Specialized and qualified agricultural workers are provided a premium referred to as “technicality premium.

Overtime, Holiday & Vacation Pay

In Tunisia, employees may be required to work more than the regular weekly working hours. However, the maximum weekly working hours inclusive of overtime hours cannot exceed 60 hours. Employees who work a 48-hour workweek are entitled to 175% of their regular basic wage for each hour of overtime. Full-time employees who work less than 48 hours per week are entitled to 125% of their regular basic wage for up to 48 hours worked and 150% of their regular basic wage for any subsequent overtime hours.

If an employee is required to work on a weekly rest day, the employee is entitled to a day off. In activities where work cannot be interrupted, employees employed during paid public holidays are entitled to twice their standard wages for the day.

Employees are entitled to their regular wages and other benefits for the duration of their annual leave.

Notice Period

In Tunisia, employers and employees must give 1 month's notice in writing. This notice period is the same for all categories of employees. If the provisions of an individual or collective agreement require a longer period of notice, those provisions will be applied.

The employer must indicate the reasons for termination of employment in the notice letter. If compensation is paid in lieu of notice, the amount must be at least equal to wages payable for the notice period's length or its remainder. The employee has a right to time off to seek other employment during the second half of the notice period, without any salary loss.

Severance Benefits

In Tunisia, every employee bound by a contract of employment for an indefinite term and dismissed after the expiration of a probationary period is entitled to receive a severance allowance (unless the employee was dismissed for serious misconduct). The allowance is calculated based on 1 day’s salary (paid at the moment of the dismissal) for each month of active service with the same company.

The severance allowance cannot exceed 3 months’ salary, regardless of the duration of effective service. However, collective agreements can stipulate conditions that are more favorable to employees.

Pension

In Tunisia, to qualify for an old-age pension, an employee must have reached 60 years of age with at least 120 months of contributions. A person is entitled to an early pension at 55 years of age with at least 360 months of contributions.

The old-age pension amount is equal to 40% of the insured's average earnings in the ten years before retirement plus 0.5% of average earnings for each three-month period of contributions exceeding 120 months. The amount for early pension is reduced by 0.5% for each quarter (2% for each year) when a person retires before reaching 60 years of age.

Both employees and employers pay social security contributions.

Dependents/Survivors Benefits

In Tunisia, the law provides survivors benefits to eligible survivors, including the deceased's widow(er) and children under the age of 16 (age 21 if a student, no limit if disabled or an unmarried daughter without income). The benefit is provided to the dependents only if the deceased was an insured pensioner at the time of death or had at least 60 months of contributions.

The amount of benefits depends on the number of survivors as a percentage of the old-age or invalidity pension the deceased received or was entitled to receive.

In case of death due to a work accident or occupational disease, survivors of the deceased employee are eligible to receive benefits that the employer covers.

Invalidity Benefits

In Tunisia, insured employees who have been assessed with at least a 66.7% permanent loss of earning capacity and who have made at least 60 months of contributions are entitled to invalidity benefits as long as their employment had ceased due to the invalidity. The degree of disability is assessed annually by a medical commission until the insured reaches 55 years of age.

Invalidity pension is 50% of the insured's average earnings in the last ten years before the disability began, plus 0.5% of average earnings for every three months of contributions exceeding 180 months.

In the case of disability caused by a work accident or disease, employees are eligible to receive benefits from employers based on the degree of their disability.