Tunisia Labor Law and Employment Policy Overview

Employment Law Overview

• Key Legislation:
  • Labor Code (1966)
  • Social Security Code (1960)
• Legal Characteristics:
  • Aims to protect workers' rights and promote social justice
  • Sets minimum standards for working hours, leave, wages, and social security

Employment Contract Requirements

• Contract Types:
  • Fixed-term contracts
  • Indefinite-term contracts
• Contract Clauses:
  • Must include the following clauses:
    • Job description
    • Remuneration
    • Working hours
    • Termination conditions
• Language and Currency:
  • Contracts must be in Arabic
  • Currency is the Tunisian Dinar (TND)

Working Hours Regulations

• Standard Working Hours:
  • 48 hours per week or 40 hours, depending on collective bargaining agreements or employer policies
• Rest Days and Breaks:
  • Minimum of 24 hours of rest
  • Overtime limits of 10 hours per day and 60 hours per week

Leave Policy

• Annual Leave:
  • Minimum of 12 days per year
  • Additional day for every five years of service, up to a maximum of 18 days
• Public Holidays:
  • 14 official public holidays
• Special Leave:
  • Sick leave: No specific provision, but requires medical certificate
  • Maternity leave: 30 days (private sector) or 60 days (public sector)
  • Paternity leave: 1 day (private sector) or 2 days (public sector)

Employee Dismissal and Contract Termination

• Notice Period:
  • One month, unless a longer period is required by collective or employment agreements
• Severance Pay:
  • One month's salary for each month of service, up to a maximum of three months' salary
• Protection Against Unfair Dismissal:
  • Employer must provide serious and legitimate reasons

Taxation

• Personal Income Tax:

  • Salary Range (TND)	Tax Rate
    0 - 5,000	0%
    5,001 - 20,000	26%
    20,001 - 30,000	28%
    30,001 - 50,000	32%
    50,001 and above	35%

• Social Security Contributions:

  • Employee: 16.57%
  • Employer: 20.07%

Health Insurance

• Insurance Policy:
  • Provided through Tunisia's Social Security Fund
• Coverage:
  • Healthcare, sickness benefits, maternity benefits

Compensation and Benefits

• Minimum Wage:
  • Industrial and agricultural workers: 459.26 TND/month
  • Non-agricultural sectors: 390.69 TND/month
• Salary Structure:
  • Monthly salary
  • No 13th-month salary

Work Permits and Visas

• Permit Requirement:
  • Foreign workers require a work permit
• Application Process:
  • Application submitted by the employer to the Tunisian Ministry of Employment and Vocational Training

Confidentiality and Non-Compete Clauses

• Enforceability:
  • Enforceable, but must be reasonable and not unduly restrict the employee's ability to work in the industry
• Common Clauses:
  • Confidential information, client lists, trade secrets

Training and Development

• Legal Requirements:
  • Safety training, skills enhancement, etc.
• Government Support:
  • Government-funded training programs

Workplace Diversity and Inclusion

• Legal Requirements:
  • Prohibition of discrimination based on race, gender, religion, or disability
• Enforcement Measures:
  • Equal opportunity policies, diversity training

Remote Work Policy

• Legal Framework:
  • No specific regulations
• Tax and Insurance Implications:
  • Remote work may impact tax and social security contributions

Key Website Addresses

• Tunisian Ministry of Employment and Vocational Training: https://www.emploi.gov.tn/