Hire compliantly inTunisia Talk to an Expert

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.

Per Tunisia's Labor Code, the probationary period for indefinite employment contracts is regulated by collective agreements, the individual employment contract, and employer regulations. Where it is mutually agreed, this period can be renewed once or reduced.During the probationary period, both the employer and the employee may terminate the agreement without providing a valid reason or notice. In such circumstances, the employer will not be liable to pay an end of service indemnity.

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.

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.

Visas

In Tunisia, there are several visa categories, including the following:

• Entry visa: up to 90 days' stay
• Transit visa: up to seven days' stay
• Temporary visa: up to one year's stay
• Ordinary visa: extended stays.

Work Permits

Foreign employees who wish to work in Tunisia must possess an employment contract and a residence card that includes authorization to work in Tunisia. Under certain circumstances, work permits are also issued without employment contract, for example, in case of managers with full powers and legal representatives or employees with international organizations.

Employment contracts signed by a foreign national with a Tunisian company should not exceed 1 year. Moreover, the contract is renewable only once with the approval of the relevant authorities. The contract may be renewed more than once if the company is undertaking development projects that local authorities have approved. Both the contract and its renewal must be approved by the Ministry of Employment.