Hiring guide in Tunisia

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Hiring guide

What should I know about hiring in Tunisia?

Featuring a diverse and skilled pool of professionals, expanding your team in Tunisia can offer numerous advantages for your business. However, complying with the country’s employment laws is not only a legal requirement but also means building a strong foundation for successful operations. 

Tunisia has a comprehensive labour legislative framework regarding essential aspects such as minimum wage, working hours, employment contracts, and related regulations. Besides this, the country has a unique business landscape and cultural norms that employers need to comprehend and follow to build a successful remote team.

Why is Tunisia a good choice for finding remote employees?

Tunisia can be a good choice for team expansion for several reasons. First, Tunisia is a cost-effective country with a lower cost of living than many Western countries. This benefits businesses seeking cost-effectiveness and lower operating expenses.

Furthermore, Tunisia has a relatively stable political environment compared to other countries in the region. With the government’s incentives and support for promoting the IT sector in the country, employers can have a sense of security when expanding their business.

Finally, due to the geographical proximity and historical ties, Tunisian business culture shares many similarities with European cultures. Combined with the country’s well-educated and skilled workforce, employers can easily hire qualified professionals and build teams with cultural understanding and alignment in remote work dynamics.

How can Native Teams help you hire in Tunisia?

Native Teams’ Employer of Record services help you hire and pay your team through an owned infrastructure in Tunisia. We handle everything from legal employment to ensuring your team is paid and managed compliantly and with care, without any third parties involved. 


Hire your first Tunisian employee with Native Teams.


Hiring new employees in Tunisia requires following a certain set of legal requirements, outlined below:

Legal framework

Employment relationships in Tunisia are primarily governed by the Labour Code (Law 66-27), which was enacted in 1966 and has been amended several times, most recently in 2025. It sets out the main rules for employment contracts, working conditions, wages and termination.

The broader employment framework also includes:

  • Social Security Law (Law 60-30): Requires contributions to the National Social Security Fund (CNSS).
  • Occupational health and safety regulations: Establish workplace safety standards and employer obligations.
  • Collective bargaining agreements: Set sector-specific employment terms negotiated between unions and employer federations. Where applicable, these agreements are legally binding and may provide more favourable terms than the Labour Code.
  • Anti-discrimination protections: Constitutional protections prohibit discrimination in the workplace.

The Ministry of Social Affairs oversees labour policy, while the Labour Inspectorate, labour courts and specialised agencies are responsible for enforcement, compliance and dispute resolution.

The 2025 reforms introduced stronger worker protections and established indefinite-term employment contracts (CDI) as the standard form of employment. Key changes include restrictions on fixed-term contracts (CDD), a six-month cap on probation periods, prohibitions on subcontracting and mandatory minimum wage (SMIG) requirements.

Types of employment contracts

Tunisian law recognises several types of employment contracts, with the indefinite-term contract (CDI) serving as the standard form of employment. Recent legal reforms have reinforced the CDI as the default arrangement and introduced stricter rules around fixed-term contracts and subcontracting.

Employment contracts must comply with the requirements of the Labour Code and clearly define the employment relationship. Written contracts are mandatory for most employment arrangements and must specify the employee’s duties, compensation, working hours and termination conditions. Contracts may be verbal only for agricultural work or domestic service, although written agreements are strongly recommended to help avoid disputes.

The main types of employment contracts include:

  • Indefinite-term contract (CDI): The standard form of employment, with no fixed end date. Employees receive full legal protections and benefits.
  • Fixed-term contract (CDD): Used only in specific circumstances, such as temporary, seasonal or project-based work. These contracts are subject to strict conditions and limitations on renewal. Contracts concluded outside the permitted circumstances may be automatically reclassified as indefinite-term contracts.
  • Part-time contract: Allows employees to work fewer hours than the standard full-time schedule, with benefits provided on a proportional basis.
  • Temporary contract: A short-term arrangement used for specific assignments, often through temporary work agencies.

Subcontracting is subject to particularly strict rules in Tunisia and is criminalised in some cases, depending on the circumstances.

Content of an employment contract

An employment contract in Tunisia should clearly define the key terms of the employment relationship. While written contracts aren’t required for agricultural positions, putting the agreement in writing is still recommended to formalise the terms and help avoid disputes.

The contract should be written in a language both the employer and employee understand. Arabic, French and English are commonly used in Tunisia. It should include:

  • Employer and employee details, including their names and addresses.
  • Start date of employment.
  • Work location.
  • Job title and duties, with a clear description of the employee’s role and responsibilities.
  • Salary and payment details, including the amount, payment method and timing, and any applicable benefits.
  • Working hours and schedule, including expectations around availability and overtime where relevant.
  • Contract duration, if the employment is fixed-term.
  • Termination conditions and procedures.
  • Probationary period, where applicable.
  • Applicable collective agreement, including relevant provisions on working time, overtime and benefits.
  • Specific working conditions, particularly for managerial roles or positions with non-standard schedules.

Download a free employment contract for Tunisia through Native Teams.


Oral, written or electronic employment contracts

Employment contracts in Tunisia are generally expected to be in writing. Written contracts should clearly set out essential terms, including job duties, salary, working hours and termination conditions. This provides greater legal certainty, helps prevent disputes and supports compliance during labour inspections.

Oral contracts are permitted only in limited situations, such as agricultural work or domestic service. Even in these cases, a written agreement is advisable because it provides a clear record of the agreed employment terms.

Electronic contracts are also recognised in Tunisia. Electronic documents and signatures have the same evidentiary value as paper documents, provided their authenticity and integrity are ensured. Employment contracts and other HR documents can therefore be concluded and signed electronically, provided they meet the applicable Labour Code requirements.

Working hours

Under the Tunisian Labour Code, standard working time may not exceed 48 hours per week, or an equivalent limit averaged over a reference period of up to one year. Collective agreements may reduce the working week, but not below 40 hours. Employees under 18 are limited to 8 hours per day and 40 hours per week.

Distribution of working hours

Working hours may be distributed unevenly across the week, provided the applicable limits are respected. Nine hours is the ordinary daily ceiling, while exceptional extensions authorised by the labour inspectorate may reach 10 hours per day. Employers must post the applicable working schedule and lodge it with the labour inspectorate.

Employees are entitled to:

  • Breaks totalling at least one hour per working day.
  • A break of at least 30 minutes after six consecutive hours of work, unless the working day does not exceed seven hours.
  • At least 10 consecutive hours of rest between working days.
  • At least 24 consecutive hours of weekly rest, usually on Friday, Saturday or Sunday.

Weekly working time may not exceed 60 hours, except in limited urgent circumstances.

Overtime

Overtime is work performed beyond the normal weekly hours applicable to the establishment, whether 40, 44 or 48 hours. It must remain exceptional, with prior labour inspectorate authorisation required for additional overtime where applicable.

Under Article 90, overtime is compensated as follows:

  • 48-hour week: 75% premium, or 175% of the normal hourly wage.
  • Week shorter than 48 hours: 25% premium up to 48 hours and 50% beyond 48 hours.
  • Part-time employees: 50% premium, or 150% of the normal hourly wage.

Collective agreements may provide higher rates, in which case the more favourable rate applies.

Work on weekly rest days or public holidays may attract additional compensation and substitute rest, depending on the applicable collective agreement or employment contract.

Employers should maintain accurate records of employees' daily and weekly working hours and retain documentation relating to exceptional overtime and any required authorisations.

Night work

Night and weekend work are permitted in Tunisia, but employers must comply with applicable working time limits, premium pay requirements, and additional protections for certain categories of workers.

Night work is generally defined as work performed between 22:00 and 05:00, although some sectoral agreements may extend this period from 21:00 to 06:00. Employees who regularly work during these hours are considered night workers and are entitled to specific protections.

Premium pay: Night work is commonly compensated at a premium of at least 25% above the normal hourly wage, meaning night hours are paid at a minimum of 125% of the base rate. Some collective agreements provide higher premiums of 30%–50%, resulting in rates of 130%–150% of the normal hourly wage.

Health monitoring: Employees who regularly work night shifts should be offered periodic medical examinations to monitor the effects of night work on their health. If an occupational physician identifies health risks, the employee's schedule may need to be adjusted, or they may need to be reassigned to daytime work.

Restrictions: Night work is restricted for employees under 18 and pregnant employees, particularly in industrial settings.

Employers should ensure that night schedules remain within overall working time limits, provide adequate rest periods, and are properly planned and documented to demonstrate compliance with health, safety, and labour requirements.

Breaks and types of leave

Tunisian law provides minimum entitlements for breaks during the working day, daily and weekly rest, annual leave, public holidays, and family-related leave. Sectoral collective agreements may provide more favourable entitlements and, where applicable to the employer, are binding.

Breaks during working hours: Under Article 89 of the Labour Code, employees are entitled to breaks totalling at least 1 hour during the working day. Employees must not work for more than 6 consecutive hours without a break of at least 30 minutes, unless the total working day does not exceed 7 hours.

Daily rest: Employees are entitled to at least 10 hours of rest between the end of one working day and the beginning of the next.

Weekly rest: Employees must receive a compulsory 24-hour rest period each week, typically on Friday, Saturday or Sunday.

Under Article 115, employees also receive 1 additional working day for every completed 5 years of service with the same employer, up to an overall maximum of 18 working days. Where a collective agreement provides a more favourable seniority-based entitlement, the collective agreement applies.

Public holidays: Tunisia observes 12 national holidays across 15 days, as established by Presidential Decree No. 2021-223 of 7 December 2021.

Civil public holidays include:

  • New Year's Day - 1 January
  • Independence Day - 20 March
  • Martyrs' Day - 9 April
  • Labour Day - 1 May
  • Republic Day - 25 July
  • Women's Day - 13 August
  • Evacuation Day - 15 October
  • Revolution and Youth Day - 17 December

Religious holidays follow the lunar calendar and are confirmed each year by official announcement:

  • Eid al-Fitr - 3 days
  • Eid al-Adha - 2 days
  • Islamic New Year - 1 day
  • Prophet's Birthday (Mawlid) - 1 day

Annual leave

Paid annual leave in Tunisia accrues monthly rather than being granted as a fixed annual entitlement. Employees earn one working day of paid leave for each month of effective service, giving a statutory minimum of 12 working days and a maximum of 15 working days per year. Additional leave may apply based on age, length of service and applicable collective agreements.

Accrual. Under Article 113 of the Labour Code, employees accrue one working day of paid leave for each month of effective service, up to 15 days per year. Different accrual rates apply to younger employees:

  • Employees under 18 accrue two days per month, up to 30 days, of which 24 are working days.
  • Employees aged 18 to 20 accrue one and a half days per month, up to 22 days, of which 18 are working days.
  • In agricultural activities, entitlement to annual leave begins after six months of continuous service.

Seniority. Under Article 115, employees receive one additional working day of leave for every completed five years of service with the same employer, up to a total of 18 working days. This does not accumulate with a more favourable seniority entitlement under a collective agreement; the more favourable entitlement applies.

Leave year. Under Article 116, the annual leave accrual period begins on 1 January.

When leave is taken. Under Article 117, annual leave is generally taken between 1 June and 31 October, unless a collective agreement or individual arrangement provides otherwise. The employer determines the order in which employees take leave after consulting employee representatives and considering family circumstances and seniority. Employees must receive at least 15 days' notice.

Splitting leave. Under Article 118, leave of six working days or less must be taken as one continuous period. Longer periods may be split with the employee's agreement, provided that one period includes at least six consecutive working days and each remaining period is at least one full day. Public holidays do not count towards annual leave.

Pay. Under Article 119, employees must receive their normal salary for the duration of their annual leave.

On termination. Under Article 120, employees who leave before taking accrued annual leave are entitled to compensation for unused days, except where dismissal is for serious misconduct. If an employee has taken more leave than they had accrued, the employer may recover the excess from the employee's final settlement.

Salary

Wages in Tunisia are agreed between the employer and employee or set by collective agreement, but they cannot fall below the guaranteed minimum wage established by government decree. Two minimum wage regimes apply: the SMIG for non-agricultural work and the SMAG for agricultural work.

How wages are set. Under Article 134 of the Labour Code, wages may be determined by direct agreement between the parties or by collective agreement, subject to the applicable guaranteed minimum wage. Article 134-2 defines remuneration as the base salary plus additional payments, including indemnities and allowances in cash or in kind, whether fixed or variable.

Article 134-3 allows part of an employee’s remuneration to be linked to productivity. Piece or task rates may also be used where work is traditionally paid this way, provided total remuneration does not fall below the statutory or collectively agreed minimum. Article 135 establishes the corresponding minimum for agricultural work.

Minimum wage amounts. The SMIG and SMAG were revised by decrees published in the Official Gazette on 30 April 2026, with increases scheduled through 2028:

  • SMIG - 48-hour regime: 554.736 TND per month (2.667 TND/hour) from 1 January 2026; 582.400 TND (2.800 TND/hour) from 1 January 2027; and 611.520 TND (2.940 TND/hour) from 1 January 2028.
  • SMIG - 40-hour regime: 470.251 TND per month (2.713 TND/hour) from 1 January 2026; 493.304 TND (2.846 TND/hour) from 1 January 2027; and 517.571 TND (2.986 TND/hour) from 1 January 2028.
  • SMAG - agricultural work: 21.336 TND per day from 1 January 2026, 22.400 TND from 1 January 2027, and 23.520 TND from 1 January 2028. Technical bonuses also apply to specialised and qualified workers.

Form and currency. Under Article 139, wages must be paid in currency that is legal tender in Tunisia. Benefits in kind may be provided where permitted by regulation or collective agreement, but they cannot be used to reduce the minimum cash wage.

Payment frequency. Article 140 requires employees paid by the hour or day to be paid at least weekly, while monthly employees must be paid at least once a month. Sales commissions must be settled at least quarterly. For piece or task work lasting more than one week, payment is made on agreed dates, with weekly advances and full settlement within one week of delivery.

Place and timing of payment. Article 142 prohibits wages from being paid on a legal or contractual rest day. Payment in drinking establishments or retail shops is also prohibited, except where the employee normally works at that establishment.

Payslips and wage records. Under Article 143, employers must provide a payslip showing:

  • The employer’s details and social security number.
  • The employee’s name, position and social security registration.
  • The period worked and the relevant hours or days and rates, distinguishing normal hours from overtime.
  • Allowances and premiums.
  • Gross remuneration.
  • Deductions.
  • Net remuneration.
  • The payment date.

Article 144 also requires employers to maintain a corresponding wage register in chronological order, without blanks, erasures or unapproved alterations. The employee must sign the register when payment is made.

Social contributions. Under the non-agricultural general regime, wages are subject to CNSS contributions of 9.68% for employees and 17.07% for employers. Both rates include the 0.5% levy introduced on 1 January 2025 to fund the new loss-of-employment insurance scheme. Income tax (IRPP) and the social solidarity contribution (CSS) are withheld at source.


To calculate the salary and taxes in Tunisia, please click here.


Sick leave

Tunisian law does not require private-sector employers to continue paying an employee’s salary during sick leave. Instead, eligible employees may receive a daily sickness benefit from the CNSS after a waiting period, provided they meet the required contribution conditions.

Sectoral collective agreements may provide more favourable terms, including full or partial salary continuation for a defined period. The applicable collective agreement should therefore be checked to determine the employee’s actual entitlement.

Notification and formalities. The employee must notify the employer of their absence and submit a claim to the CNSS, supported by a medical certificate on the prescribed P55 form, within five working days. The employer must complete the corresponding P61 salary form without delay so the benefit can be calculated.

Qualifying conditions. To qualify, the employee must have completed at least 50 days of effective work during the two calendar quarters preceding the absence, or at least 80 days during the four preceding quarters.

Waiting period. A five-day waiting period applies, with the benefit payable from the sixth day of absence. This waiting period is waived if the employee is hospitalised.

Benefit amount. The daily benefit is equal to two-thirds of the employee’s average daily wage, capped at twice the SMIG. The average daily wage is calculated using the highest-earning quarter of the four quarters preceding the absence. The CNSS pays the benefit directly to the employee, normally on a fortnightly basis.

Duration. The benefit is payable at this rate for up to 180 days per year. After 180 days, the rate falls to 50% of the average daily wage, with any continuation subject to assessment by the medical board.

Employer obligations. The employer must acknowledge the medical certificate, provide accurate wage information to the CNSS, and maintain the employee’s social security declarations during the absence. Employment must not be terminated because of the illness itself.

Work accidents and occupational diseases. These are covered under a separate, more favourable regime rather than the standard sickness benefit. This regime has its own procedure, no waiting period, and a different calculation basis. Medical care costs are covered separately through the CNAM.

Parental leave

Tunisia does not provide a general statutory parental leave entitlement that allows either parent to take an extended period of job-protected leave to care for a child. Instead, Law No. 2024-44 of 12 August 2024 provides specific post-natal entitlements, primarily for mothers. Any broader parental leave available to employees may derive from an applicable collective agreement or the employer’s own policy rather than the Labour Code.

Supplementary post-natal leave. After ordinary post-natal leave ends, a mother may request an additional one to four months of leave. The request must be made at least 15 days before the end of maternity leave. Public-sector employees receive half salary during this period. Private-sector employees registered with the CNSS may receive an indemnity under the conditions of the CNSS scheme rather than continued salary from the employer.

Nursing entitlement. A breastfeeding mother is entitled to one paid hour per day where the working session lasts at least four hours. Where the working day is divided into two sessions totalling at least seven hours, she is entitled to two one-hour breaks. These periods count as working time. The entitlement applies for nine months from the birth, extending to one year if the mother takes supplementary post-natal leave.

Protection during family leave. Maternity, supplementary post-natal and nursing leave preserve the employee’s rights to advancement, promotion and pension. Employees are also protected against sanctions or dismissal for reasons related to pregnancy, childbirth or breastfeeding, as well as discrimination for taking family leave to which they are entitled.

Fathers. Fathers are entitled to seven days of paternity leave, extended to ten days in defined cases. There is no separate statutory long-form parental leave entitlement for fathers.

Unpaid childcare leave. The Labour Code does not provide a general statutory right to unpaid childcare leave. Where this is available, it derives from a collective agreement, employment contract or employer policy.

Paternity and maternity leave

Tunisia substantially reformed maternity and paternity leave under Law No. 2024-44 of 12 August 2024. The law applies to public administration, the public sector, and private-sector employees registered with the CNSS. It increased maternity leave from 30 days to three months and paternity leave from one day to seven days, introduced prenatal leave, and strengthened protection against dismissal related to pregnancy and childbirth.

Maternity leave. A pregnant employee may take up to 15 days of prenatal leave during the final month of pregnancy where medically recommended.

Post-natal maternity leave is three months. This increases to four months in the case of multiple births, premature birth, or where the child has a disability or medical condition requiring intervention. In the case of a stillbirth, the employee is entitled to one month of leave.

Payment during maternity leave. Public-sector employees receive their full salary during maternity leave. Private-sector employees receive a CNSS maternity benefit equal to two-thirds of their average daily wage, capped at twice the SMIG. The benefit is calculated using the highest-earning quarter among the four quarters preceding the quarter of delivery.

To qualify, the employee must have at least 80 days of contributions during those four calendar quarters.

Paternity leave. Fathers are entitled to seven calendar days of leave at full salary, which must be taken within 30 days of the birth.

The entitlement increases to 10 days in the case of multiple births, premature birth, or where the child has a disability. In the case of a stillbirth, the entitlement is three days. Paternity leave is paid by the employer.

Nursing time. A breastfeeding mother is entitled to one hour per day, or two one-hour breaks where the working day is split into two sessions. This time counts as paid working time.

The entitlement applies for nine months from the birth, or 12 months where supplementary post-natal leave was taken.

Protection during pregnancy and maternity. An employee cannot be sanctioned or dismissed for reasons related to pregnancy, childbirth, or breastfeeding during pregnancy, while on leave, or during the period following her return to work. Rights relating to advancement, promotion, and pension are preserved throughout.

Separately, the Labour Code allows a pregnant employee to leave her employment without giving notice or paying compensation in lieu of notice.

Formalities. Prenatal leave requires a medical certificate stating the expected date of delivery. Post-natal leave requires a certificate confirming the actual date of delivery.

For the four-month extension, a medical report must be provided within three months of the birth. A copy of the birth certificate must also be submitted to the CNSS within one month.

Methods of employment termination

Employment relationships in Tunisia may be terminated through several legally prescribed methods, each subject to the grounds and procedures set out in applicable labour legislation.

Under the Tunisia Labour Code, a fixed-term employment contract ends when the agreed term expires or when the work specified in the contract is completed.

An indefinite-term employment contract may end following the applicable notice period where there are justified legal grounds for termination.

Both fixed-term and indefinite-term employment contracts may also end:

  • By mutual agreement between the parties.
  • At the initiative of one party following a serious fault committed by the other party.
  • Due to force majeure or impossibility of performance, including the employee’s death.
  • By judicial termination in cases defined by law.
  • In other circumstances provided for by law.

Ordinary dismissal by the employer

Dismissal by an employer in Tunisia must be based on a genuine and serious reason and follow the applicable legal, regulatory, or contractual procedures. A dismissal may be considered unfair if either of these requirements is not met.

The employer must state the reasons for dismissal in the notice letter and is responsible for providing evidence to support those reasons.

The Labour Code distinguishes between two main grounds for dismissal:

  • Employee-related dismissal, most commonly for gross misconduct. The Labour Code sets out a detailed list of conduct that may qualify as gross misconduct.
  • Dismissal for economic or technological reasons, which cannot be carried out unilaterally by the employer. The employer must notify the territorially competent labour inspectorate in advance. The inspectorate will investigate the proposed dismissal and attempt conciliation between the parties.

Notice period and challenging the dismissal

According to the Tunisian Labour Code, termination of an indefinite-term employment contract requires one month’s notice, given to the other party by registered letter.

During the second half of the notice period, employees are entitled to take time away from work to look for alternative employment. This time is treated as working time and does not reduce their wages or compensation.

More favourable notice terms may apply where they are provided for in the employment contract, a collective bargaining agreement or customary practice.

Time spent in mandatory pre-military training or military service is not counted towards the notice period for termination of employment.

Pregnant employees may leave their employment without notice and without being required to pay compensation in lieu of notice.

Rights and obligations of unemployed persons

Tunisia does not yet have a full unemployment insurance system comparable to those commonly found in Europe. Existing income support after job loss is targeted, conditional and time-limited. It applies to employees who lose an indefinite-term position for economic or technological reasons or because the business closes unexpectedly, and is administered by the CNSS together with the national employment agency, ANETI.

A broader loss-of-employment insurance regime has been under development since the 2025 Finance Law and is already funded through a 0.5% employer contribution and 0.5% employee contribution. Employers should check the current status of the implementing texts before relying on this regime.

Who qualifies?

The existing scheme is available to non-agricultural employees who meet all of the following conditions:

  • The loss of employment was involuntary and resulted from an indefinite-term contract ending for economic or technological reasons or because of the unexpected closure of the business.
  • The employee has at least three consecutive years of contributions with their last employer, correctly declared to the CNSS and with the required contributions paid.
  • The employee has been registered with ANETI for more than one month without receiving a suitable job offer.
  • The employee does not hold another paid position covered by social insurance.
  • The employee is not entitled to a retirement or invalidity pension.

Resignation, expiry of a fixed-term contract, dismissal for misconduct and loss of employment following an unlawful strike are excluded. Self-employed people are not covered.

How is a claim made?

The claim is filed with the regional social affairs office, generally between 15 days and two months after the loss of employment. The employee must provide:

  • an identity document;
  • their ANETI registration certificate; and
  • the employer's termination certificate.

A decision is normally issued within approximately 15 days, with payment made within a few days of approval.

Amount and duration

The allowance is calculated by reference to the SMIG for the 48-hour regime, based on an estimated annual working time of 2,400 hours.

The total amount paid cannot exceed the equivalent of 12 months of the employee's active remuneration, and the maximum payment period is 12 months.

Related CNSS cover

If an employer becomes insolvent, the CNSS may also cover established employee entitlements, including:

  • unpaid wages;
  • compensation for untaken leave; and
  • end-of-service payments.

This is subject to a court judgment and certification that the amounts could not be recovered from the employer.

Severance pay

Severance pay in Tunisia is governed by the Labour Code and sectoral collective agreements, which determine eligibility, calculation methods, and any more favourable employee benefits.

Under the Tunisian Labour Code, an employee on an open-ended employment contract (CDI) who is dismissed after completing their probationary period is generally entitled to a termination/end-of-service payment, except in cases of serious misconduct.

The statutory severance payment is calculated as:

  • One day’s salary for each month of actual service with the same company.
  • The calculation is based on the employee’s salary at the time of dismissal, including all benefits except expense reimbursements.
  • Statutory severance is capped at three months’ salary, regardless of length of service.
  • More favourable terms may apply where provided by law or a collective bargaining agreement.

Probationary period

Probationary periods in Tunisia are governed by the applicable collective or individual agreements, custom, or law. The Tunisian Labour Code does not explicitly set out specific requirements for their duration.

The agreed probationary period should be clearly stated in the employment contract to support legal compliance.

More specific rules may apply under the relevant sectoral collective agreement. The Sectoral Collective Agreement for Electricity and Electronics (Convention Collective Sectorielle de l'Électricité et de l'Électronique) sets out probationary period requirements based on the employee’s job classification.

Intellectual property rights

When an employee in Tunisia creates work as part of their role, the employer does not automatically own the rights to that work.

Under the Copyright and Related Rights Code, the employee who creates the work is considered its original owner. This applies even when the work is created during working hours or for the employer.

An exception applies to certain patentable inventions. Under Article 10 of the Patent Law, an invention created by an employee as part of their job duties belongs to the employer. For example, this may apply where an engineer is specifically employed to develop new technical solutions.

Outside this exception, intellectual property rights must be addressed in the employment contract. A clear IP clause should state that the economic rights in work created as part of the employee’s role are transferred to the employer.

However, the employee retains their moral rights, including the right to be recognised as the author and to object to harmful modifications of their work. These rights cannot be fully transferred or waived.

In practice, employers should clearly define which work falls within the employee’s role and ensure the employment agreement includes appropriate provisions transferring the relevant economic rights to the company. Without such a clause, ownership may remain with the employee.

Employee data privacy

Employers in Tunisia collect and process personal data throughout the employment relationship, including names, identification details, payroll information, performance records and, in some cases, health or disciplinary data.

The Organic Law No. 2004-63 on the Protection of Personal Data establishes that personal data belongs to the individual. Employers may therefore process employee data only under specific conditions and for a clear purpose, such as paying salaries, meeting tax obligations or managing the employment relationship. Data should not be collected unnecessarily or later used for unrelated purposes.

The National Authority for the Protection of Personal Data (INPDP) oversees personal data protection in Tunisia. Employers may need to declare certain processing activities or obtain authorisation from the INPDP, particularly when processing sensitive data.

Employees also have rights over their personal data, including the right to access and correct it and, in certain circumstances, object to its use. Employers must be transparent about the data they collect and the reasons for processing it.

In practice, employers should:

  • Collect only the employee data necessary for legitimate employment-related purposes.
  • Clearly inform employees about what data is collected and why.
  • Put appropriate internal data protection policies in place.
  • Restrict access to employee data and ensure it is stored securely.
  • Complete any required declarations or authorisations with the INPDP.

Prohibition of competition

Employees in Tunisia are expected to act in their employer’s best interests throughout the employment relationship. This duty applies even where the employment contract does not contain a specific non-compete provision and stems from general employment principles under the Labour Code and the broader duty of loyalty recognised in civil law systems.

During employment, an employee cannot work for a competitor, establish a competing business, or use the employer’s clients or confidential information for personal gain. Employers are not required to provide additional compensation for this obligation, as it forms part of the employment relationship.

Post-termination non-compete clauses

Once employment ends, employees are generally free to work for another employer, including a competitor. Employers that want to restrict this freedom must include a post-termination non-compete clause in the employment contract.

These clauses are assessed under general contract principles derived from the Tunisian Code of Obligations and Contracts, together with labour law protections. To be enforceable, a non-compete restriction must be reasonable and proportionate, including appropriate limitations on:

  • Duration
  • Geographical scope
  • Type of activity

A restriction that is too broad may be reduced or disregarded by a court.

Tunisian law does not explicitly require employers to compensate employees for a post-termination non-compete. However, providing compensation may strengthen the enforceability of longer or more restrictive clauses.

There is also no strict statutory maximum duration. In practice, periods of 6-12 months are commonly considered, depending on the employee’s role and the sensitivity of the position.

Employers should therefore keep non-compete clauses targeted and proportionate, focusing on legitimate business interests such as client relationships, confidential information, and strategically sensitive roles rather than attempting to prevent competition altogether.

Remote working policy

Remote work in Tunisia is not treated as a separate employment regime. Instead, the existing employment framework continues to apply regardless of where the employee performs their work.

The employer must continue to provide work and pay the employee’s salary, while the employee remains responsible for performing their agreed duties.

However, remote work raises practical issues that are not fully addressed by the law, including working hours, equipment, supervision, and health and safety at home. For this reason, employers typically regulate remote working arrangements through internal policies or contractual addenda.

When employees work remotely, employers remain responsible for:

  • Complying with working time rules.
  • Ensuring health and safety, including when employees work from home.
  • Protecting company data and confidential information.

Employees are still expected to:

  • Perform their work as agreed.
  • Follow company policies.
  • Remain available during working hours.
  • Protect confidential information.

Employers should clearly structure remote working arrangements by defining expectations, working hours, communication requirements, equipment use, and data protection in a remote working policy. This helps reduce misunderstandings and potential compliance risks.

Responsibilities within a remote work arrangement

Under the Labour Code, the employer’s obligations continue to apply in a remote work arrangement, but must be adapted to the remote working environment.

Employer responsibilities

The employer remains responsible for maintaining the employment relationship and should:

  • Provide the employee with work and pay their salary on time.
  • Set clear expectations around working hours, availability and communication.
  • Take reasonable steps to ensure that work can be carried out safely and securely.
  • Provide guidance on appropriate home working conditions.
  • Ensure that systems used for work are adequately protected.

Employee responsibilities

Employees are expected to perform their role as agreed, just as they would when working from the employer’s premises. This includes:

  • Being available during agreed working hours.
  • Completing tasks on time.
  • Following company instructions and policies.
  • Organising their working time appropriately and remaining responsive.
  • Protecting confidential company information from access by others.
  • Handling work devices and documents securely.

Clear expectations around responsibilities, communication and working arrangements help both the employer and employee manage remote work effectively.

Health and safety at home

When employees work from home in Tunisia, health and safety responsibilities continue to apply even though there is no dedicated remote work law. These obligations remain governed by the Labour Code, which was primarily designed for traditional workplaces.

There is no specific requirement for employers to inspect or fully control an employee’s home working environment. However, employers still have a general duty to ensure that work is carried out under reasonably safe and suitable conditions.

In practice, employers are expected to take a reasonable care approach. This can include providing guidance on setting up a safe workspace, such as appropriate seating, safe use of electrical equipment and regular breaks. Employers do not control the employee’s home environment, but they should still take reasonable steps to address workplace safety.

Employees also have responsibilities. They are expected to maintain a reasonably safe home working environment, follow the employer’s safety instructions and inform the employer if their working conditions become unsafe or unsuitable.

The law does not specifically determine who must cover home-working costs such as desks, chairs, internet or electricity. Employers generally provide essential work equipment, such as laptops and access to required systems, while other expenses may be addressed through company policies or allowances or may not be reimbursed.

Overall, remote work in Tunisia is not subject to detailed statutory rules. In practice, health and safety responsibilities rely on reasonable measures from both employers and employees, supported by clear internal policies.

What are the advantages of hiring employees from Tunisia vs other countries?

Hiring employees from Tunisia gives businesses access to a skilled and multilingual workforce, particularly across areas such as technology, engineering, and business services. Its strategic location between Europe, Africa, and the Middle East makes Tunisia well positioned for companies building international teams, while its time zone allows for convenient collaboration with European markets. 

Tunisian professionals commonly work across Arabic- and French-speaking environments, making the country particularly attractive for businesses looking for talent that can support teams and customers across multiple regions.

Why use Native Teams for hiring in Tunisia?

Native Teams helps you employ and pay your team in Tunisia directly through owned entities and infrastructure. 

  • No paperwork: We will handle all the necessary paperwork for you.
  • Save on taxes: We help you handle your taxes.
  • No company setup: You can expand your business using our company entities.
  • Online onboarding: We’re here to ensure your onboarding process is trouble-free.
  • No accounting: We will handle all of your accounting needs, including invoicing, payroll, and more.
  • Local expertise: We can help you navigate local regulatory environments and ensure you meet all relevant requirements.
  • Dedicated support: We make sure your employees feel supported and cared for through the entire process.
Book a demo*Note: The provided information was accurate at the time of writing.

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