突尼斯 雇佣指南

In Tunisia, employment contracts can be open-ended or fixed-term, part-time or full-time.

A fixed-term contract is allowed in the following cases:

• To complete work in the first establishment or new tasks
• To complete work arising from an extraordinary increase in demand
• The temporary replacement of an absent or suspended permanent worker
• Urgent repair and safety work
• Seasonal work or work where permanent contracts are not customary

A fixed-term contract can also be concluded in other cases by mutual agreement under the condition that the total duration, including renewals, does not exceed four years. If a fixed-term contract is renewed for more than four years, it is automatically converted into an indefinite employment contract.

Regarding salary and other benefits, employees under the fixed-term contract cannot be discriminated against compared to permanent employees.

Employers may request criminal record information from employees with the employee’s prior consent. However, there are no legal requirements or restrictions on pre-employment screening procedures such as education and reference checks. Typically, a job applicant’s CV includes the necessary information related to education and employment history. Additionally, employers may request copies of diplomas or certificates of employment or internship as needed.

The probation period is regulated by collective agreements or individual employment contracts. Based on the Collective Framework Agreement, the maximum probation period is:

• Six months for execution employees
• Nine months for technicians
• One year for managers, supervisors and executives

The probation period can be renewed once by mutual agreement.

Normal working hours are 48 hours per week. In certain sectors, this duration may be reduced to 40 hours per week.

Employees should have at least 24 consecutive hours of rest in every seven-day period, for example, per week. This rest break is generally provided on Friday, Saturday, or Sunday.

The total work hours inclusive of both the regular and overtime work hours cannot exceed 10 hours a day and, therefore, cannot exceed 60 hours a week.

All overtime work must be compensated by the following percentages in addition to the base salary:

• Full-time employment of 48 hours per week: 75%
• Full-time employment of fewer than 48 hours per week: 25% up to 48 hours and 50% thereafter
• Part-time employment: 50%

Employers may terminate an employee due to serious misconduct, economic circumstances or technological reasons. A list of serious misconduct justifying dismissal is set out in the law, such as willful damage to the property of the undertaking, bribe-taking, theft, divulging trade secrets and the like. The Labor Code requires an employer to mention the reason for dismissal in the written notice. The dismissal is considered unfair if not justified by a genuine and serious reason, and the employee is entitled to receive compensation beyond severance pay.

Employees cannot be terminated because of pregnancy, maternity leave, temporary work injury, illness, trade union membership/activities or engagement in military duties.

To terminate an employment contract, a minimum of one month’s written notice to the other party is required. A longer notice period may also be provided if stipulated in a contract or collective bargaining agreement. When proper notice is not given, an amount equal to the notice period must be paid as compensation.

Specifically, the period of notice for journalists, commercial travelers and sales representatives varies between one and three months.

Employees are permitted to seek alternative employment during the second half of their notice period. This period of absence is considered to be work and does not result in a wage or compensation reduction.

Employees dismissed after completing their probationary period are entitled to severance pay, except in cases of dismissal for serious misconduct. The severance pay is calculated on the basis of one day’s salary for each month of service at the company, including all bonuses and benefits. Regardless of tenure, the maximum amount of severance pay is three months’ salary. Collective agreements can, however, increase the amount. The severance pay must be paid at the time of termination.

Employers can insert non-competitive clauses into employment contracts, provided they are reasonable, justified and limited in time (up to two years) and space.

The general data protection regime of Tunisia aims to resemble that of the EU. The National Authority for the Protection of Personal Data (INPDP) is the major data protection law in the country. Employers must obtain the explicit, written consent of employees before processing their personal data.

In Tunisia, it is mandatory to pay employee salaries in the legal currency unless otherwise specified in an agreement. Hourly and daily employees must be paid at least once per week, while monthly employees must receive their pay on a monthly basis. Additionally, it is not permissible to pay employees on their designated day of rest.

The employer must provide payslips to employees that include the following information:

• The name and address of the employer or business name of the establishment
• The number under which the employer pays its contributions to the Social Security Fund
• The employee’s name and the position held
• The period and the number of hours or days worked
• A list of allowances and benefits in addition to the wages and their amounts
• The total amount of gross compensation due to the worker
• The nature and amount of deductions made from the gross pay
• The amount of net take-home pay by the employee
• Compensation payment date

Annual leaves vary depending on whether the employee works in the agricultural sector or not.

For those working in the agricultural sector, the leaves are as follows:

• Employees with at least six months with the same employer: one working day per month for a maximum of 15 days (including 12 working days)
• Employees under the age of 18 years as of December 31 of each year: two working days per month for a maximum of 30 days (including 24 working days)
• Employees between the age of 18 to 20 years as of December 31 of each year: 1.5 working days per month for a maximum of 22 days (including 18 working days)

For those working in non-agricultural sectors, the leaves are as follows:

• Employees with at least one month with the same employer: one working day per month for a maximum of 15 days (including 12 working days)
• Employees under the age of 18 years as of December 31 of each year: two working days per month for a maximum of 30 days (including 24 working days)
• Employees between the age of 18 to 20 years as of December 31 of each year: 1.5 working days per month for a maximum of 22 days (including 18 working days)

One month of work in these circumstances is defined as 26 working days.

The number of sick leave days is not specified in the Labor Code. Employees must notify their employer within 48 hours of illness. Additionally, the employee must provide a medical certificate. The sick leave is paid for by social security.

Female employees are entitled to 30 days of paid maternity leave. In the event of pregnancy-related illness or complications, a female employee is entitled to 15 days of additional leave. Leaves are granted on the provision of a medical certificate. The maternity leave is paid for by social security.

Male employees are entitled to one day of paid paternity leave, which must be used within seven days of the child’s birth. The paternity leave is paid for by social security.

There are 12 national and religious holidays observed in Tunisia. When employees are required to work on official holidays, they are entitled to compensation equal to 200% of their normal hourly wage.