Tunisia

In Tunisia, the labor law framework allows for a variety of employment agreements, each designed to cater to different employment needs. The most common ones include Indefinite-Term Contracts, Fixed-Term Contracts, Part-Time Contracts, and Collective Bargaining Agreements.

Indefinite-Term Contracts (Contrats à Durée Indéterminée - CDI)

Indefinite-Term Contracts are permanent contracts that provide job security until retirement, resignation, or dismissal for misconduct. These contracts are governed by the Tunisian Code of Labor (CTL).

Fixed-Term Contracts (Contrats à Durée Déterminée - CDD)

Fixed-Term Contracts are temporary contracts that last for a specific period or until the completion of a project. They can be renewed up to four years, after which they automatically convert to a CDI. These contracts are typically used for completing specific tasks, handling temporary surges in workload, replacing absent or suspended employees, carrying out urgent repairs or safety work, and for seasonal work or sectors that do not typically require permanent positions. The CTL outlines the legality of these contracts.

Part-Time Contracts (Contrats à Temps Partiel)

Part-Time Contracts allow employees to work a reduced schedule compared to a full-time position. The working hours are defined in the contract and cannot exceed half the legal working week.

Collective Bargaining Agreements (Conventions Collectives de Branche)

Collective Bargaining Agreements are negotiated between employer organizations and trade unions. They outline working conditions specific to an industry or sector and may include details on wages, benefits, training, and termination procedures, supplementing the general framework provided by the CTL. These agreements are governed by Article 31 of the Tunisian Code of Labor.

While written contracts are not mandatory for indefinite-term agreements, it is highly recommended to have a formal document outlining the terms of employment for all positions. This protects both employers and employees by ensuring clarity on rights and obligations.

In Tunisia, while written contracts are not mandatory for indefinite-term positions, a well-defined employment agreement is beneficial for both employers and employees.

Parties to the Agreement

The agreement should clearly identify the employer, including the company name and registration number, and the employee, including their full name and ID number.

Job Position and Duties

The agreement should outline the employee's job title and provide a detailed description of their responsibilities.

Working Hours and Schedule

The standard duration of the working week and specific working hours, including breaks, should be defined in the agreement.

Compensation and Benefits

The agreement should specify the gross salary amount, payment frequency, and any allowances or bonuses. It should also mention social security contributions to be made by both the employer and the employee, as per Tunisian regulations.

Leave and Vacation

The agreement should outline the employee's entitlement to paid leave, such as annual leave and sick leave, following the Tunisian Code of Labor.

Termination Clause

The agreement should detail the grounds for termination, following the legal framework provided by the Tunisian Code of Labor. This may include notice periods required for either party to terminate the contract.

Dispute Resolution

The agreement should specify the process for resolving any disagreements arising from the employment agreement. This might involve internal mediation or recourse to the Tunisian labor courts.

It's advisable to consult with a Tunisian labor law expert to ensure the agreement complies with all relevant legal requirements. The specific content of the agreement may vary depending on the industry, company policies, and the negotiated terms between the employer and employee.

The Tunisian labor code permits a probationary period in employment agreements, which serves as an initial evaluation phase for both the employer and the employee.

Duration of Probation

The maximum probationary period is determined by the employee's position and is established through Collective Bargaining Agreements and Individual Employment Contracts. The contract can specify a probation period within the legal limits set by collective agreements or the Tunisian Code of Labor (CTL).

The maximum limits are as follows:

• Execution Employees (Workers): 6 months.
• Technicians: 9 months.
• Managers, Supervisors, and Executives: 1 year.

Purpose of Probation

The probationary period allows employers to assess the employee's skills and qualifications for the specific role and their fit with the company culture and work environment. It also provides employees with an opportunity to evaluate if the job aligns with their expectations and assess the company culture and suitability for their career goals.

Termination During Probation

Both employers and employees can terminate the contract during the probation period with a shorter notice period compared to a confirmed position. Specific notice requirements may be outlined in the employment contract or collective bargaining agreement.

Importance of Fair Practices

During the probation period, employers must provide adequate support, training, and clear performance expectations for the employee. Performance evaluations should be conducted objectively to ensure a fair assessment during this trial period.

The probationary period can be renewed once with mutual consent, not exceeding the maximum limits set by law. Once the probation period ends successfully, the employment relationship transitions to a confirmed position with full legal protections as outlined in the CTL.

Confidentiality and non-compete clauses are often included in Tunisian employment agreements to protect sensitive company information and limit competition from departing employees. However, these clauses must adhere to specific legal considerations.

Confidentiality Clause

The purpose of a confidentiality clause is to safeguard confidential business information, trade secrets, or client data from unauthorized disclosure. The clause should clearly define what constitutes confidential information and the employee's obligations regarding its handling, use, and storage. While not explicitly mandated by law, Tunisian courts will generally uphold confidentiality clauses as long as they are reasonable and protect legitimate business interests.

Non-Compete Clause

Tunisian law restricts the use of non-compete clauses, aiming to protect employee mobility and professional opportunities. Non-compete clauses can only be applied in exceptional cases and for a specific period (typically up to two years) after employment termination. Legitimate reasons for a non-compete clause might include protecting highly specialized knowledge or trade secrets critical to the company's competitive advantage.

Key Considerations

Both confidentiality and non-compete clauses must be reasonable in scope and duration to be legally enforceable. Unreasonable restrictions could be deemed null and void by Tunisian courts. The clauses should be clearly drafted in plain language to avoid ambiguity regarding the information or activities restricted. It's crucial to ensure these clauses comply with the Tunisian Code of Labor and relevant case law to be enforceable.

Consulting with a Tunisian labor lawyer is highly recommended when drafting confidentiality and non-compete clauses to ensure they comply with legal requirements and effectively protect the employer's interests while respecting employee rights.