Employment Law

In Tunisia, the employment contract is principally governed by the employment law and the sectorial collective agreements. The contract may be of a determined or indetermined duration. It can take the form either of a full time or a part time contract. Each type of contracts has got specific settings.The sectorial collective agreements provide further variations. They base some legal arragements depending on the employee’s classification as: sinior executive, managerial agent or officer.

Added to these options, the insertion contracts provided by the incentives to recruitment mechanisms, the main one being the Stage of Insertion in the Professional Life and the contract of integration of graduates of higher education, the later being reserved for graduates of higher education. Also, the contract of adaptation and professional insertion, the contract of reinsertion into the active life and the employment-solidarity contract.
Other types of contracts are suggested, including the temporary work contract; an option that allows flexibility of employment within the company, it must only be legally treated with particular attention.

In this panoply of solutions, we guide our clients towards the most appropriate option. We analyse advantages and disadvantages of each type of contract in light of the company’s employment strategy.
Also, we develop the content of employment contracts in accordance with the provisions of the Employment Code and the applicable collective agreement.

We finally advise our clients on the applicable tax and social security regimes as for each type of contracts.

In the Tunisian law, the company’s internal rules are not compulsory; however, they constitute a useful document for the organization of the company’s internal relations.The company’s internal rules are intended to specify the application of the company’s health and safety regulations. They aim to identify general and permanent rules relating to discipline as well as the nature and scale of penalties. They recall procedural guarantees enjoyed by employees in terms of disciplinary sanctions. This document is communicated to every new employee, at the time of his hiring. It constitutes a special provision of the employment contract.

In this context and in conjunction with managers and officials of the HR department, we proceed to the study of internal issues specific to the company. Then, we accordingly propose the adapted legal solutions.
Once consensus is obtained, we write a draft of the internal rules and set up the modalities of its implementation.

The principle is that any foreigner worker must beforehand obtain the authorization of the Ministry of employment before getting engaged in a remunerated activity in Tunisia as an employee. However, certain conventions concluded between Tunisia and other neighboring countries mitigate the effect of this prohibition.Also, pursuant to the Code of Investment Incentives’ provisons, totally-exporting companies can hire four non-Tunisian supervisory officers. In this case, it is only required to inform the ministry.
We assist our clients in the proceedings of setting up and the filing of the authorization or information files to be submitted to the Ministry of employment. We assist them in performing proceedings before the social security institutions and the labor inspection.

In Tunisia, the social security scheme is getting more and more complex. The reason is the multiplication of texts and regimes and the emergence of new institutions such as the ‘Caisse Nationale d’Assurance Maladie’(CNAM) in parallel to ‘la Caisse Nationale de Sécurité Sociale’ (CNSS).
Thus, any employer of the private sector is obliged to affiliate with the CNSS, to declare the salaries of employees and to pay contributions in accordance with the statutory applicable rate.
In this context, we assist our clients in order to enlighten them upon the applicable regimes, rates and exemptions.

Under the Tunisian law, dismissal may be individual or collective. It may occur either for economic or technological reasons. In both cases, the company must comply with internal proceedings as well as with proceedings taken before governmental agencies set by the Employment Code and the applicable sectorial collective agreement.We advise our clients initially to optimize clauses of termination of the employment contracts. We intervene in the preparation of files of dismissals, still by giving special interest to their compliance with the statutory proceedings.
We also defend our clients before Industrial Courts and different Tunisian courts.