Tunisia

In Tunisia, employment termination can be lawfully executed on the grounds of personal reasons or economic or technical reasons. Personal reasons encompass factors such as incompetence, professional misconduct, repeated disciplinary issues, and inability to perform duties, potentially due to medical reasons. Economic or technical reasons may include economic difficulties affecting the company, restructuring or technological changes, or permanent closure of the business. It's important to note that the Tunisian Labor Code (Code du Travail) mandates that dismissals must always be based on "real and serious" grounds ('faute grave'). Arbitrary terminations are not permitted.

Notice Requirements

The standard notice period is generally one month for both employees and employers. However, individual employment contracts or collective bargaining agreements may require longer notice periods. Immediate termination is permitted in cases of serious misconduct by either the employee or employer. If either party fails to provide the required notice, they are obliged to pay a sum equal to the salary corresponding to the notice period.

Severance Pay

Employees dismissed after their probationary period are generally entitled to severance pay, with the exception of dismissals for serious misconduct. Severance pay is calculated based on one day's pay for each month of service, capped at a maximum of three months' pay. Some collective bargaining agreements may provide for more generous severance packages.

Tunisia has a specific law addressing racial discrimination, along with constitutional protections against broader forms of discrimination.

Key Legislation

The Tunisian Constitution and Law No. 2018-50 (Elimination of All Forms of Racial Discrimination) are the main legal instruments against discrimination. Article 21 of the Tunisian Constitution guarantees equality for all citizens before the law and prohibits any form of discrimination. The 2018 law specifically criminalizes racial discrimination.

Protected Characteristics

Tunisia's laws explicitly prohibit discrimination based on race, color, descent, and national or ethnic origin. Broader protections against discrimination on grounds such as gender, sexual orientation, religion, disability, etc. are primarily enshrined in the Constitution but lack specific enforcement legislation.

Redress Mechanisms

Victims of racial discrimination can pursue criminal complaints against perpetrators. Law No. 2018-50 includes penalties ranging from fines to imprisonment. Victims may also seek compensation for damages arising from discrimination through civil lawsuits. The Tunisian government has established bodies such as the National Commission for the Fight against Discrimination to address these issues.

Employer Responsibilities

Employers in Tunisia are legally bound to create non-discriminatory workplaces. This involves establishing policies and practices that promote equality and prevent discrimination across hiring, promotion, and compensation processes. Employers must take all complaints of discrimination seriously and conduct thorough investigations. If discrimination is found to have occurred, employers must take appropriate measures to address the situation and prevent future incidents.

Tunisia's anti-discrimination landscape is evolving. Staying updated on any potential changes in legislation or enforcement mechanisms is crucial for businesses operating in Tunisia.

Tunisia has established a set of regulations to ensure acceptable working conditions for employees. These regulations cover aspects such as work hours, rest periods, and ergonomic considerations in the workplace.

Work Hours

In Tunisia, the standard workweek is either 40 or 48 hours, depending on the specific industry or sector. Overtime work is permitted, but there are limitations in place to prevent excessive work hours. The specific details on overtime limitations are outlined in the Tunisian Labor Code (Code du Travail).

Rest Periods

Tunisian law mandates a daily rest period of at least 1 hour after each continuous work period of 6 hours. Additionally, all employees are entitled to a weekly rest period of at least 24 consecutive hours, typically on Sundays.

Ergonomic Requirements

Employers in Tunisia have a general legal obligation to ensure the health and safety of their employees in the workplace. While there isn't a single source outlining specific ergonomic requirements, this general obligation translates into a need to provide a work environment that minimizes physical strain and risk of injury.

It is recommended to consult the latest version of the Tunisian Labor Code (Code du Travail) for the most up-to-date regulations on working conditions.

In Tunisia, the well-being of workers is prioritized through a comprehensive framework of health and safety regulations. It's crucial for both employers and employees to understand these regulations.

Employer Obligations

Employers in Tunisia have several obligations under the law:

• Risk Prevention: Employers are required to actively identify and mitigate potential risks within the workplace.
• Safe Work Environment: Employers must provide a safe work environment. This can be achieved by implementing measures such as safety equipment, training programs, and proper ventilation.
• Health Monitoring: In certain high-risk sectors, employers may be required to facilitate health monitoring programs for employees.

Employee Rights

Employees in Tunisia have several rights under the law:

• Safe Work Environment: Employees have the fundamental right to work in a safe and healthy environment free from unreasonable risks.
• Training: Employees have the right to receive training on health and safety procedures relevant to their job roles.
• Reporting Hazards: Employees can report any identified health or safety hazards to their employer or relevant authorities.

Enforcement Agencies

There are several agencies in Tunisia that enforce health and safety regulations:

• Tunisian Occupational Safety and Health Institute (TOSHI): TOSHI is a government agency responsible for promoting occupational health and safety. They offer training programs, conduct workplace inspections, and provide guidance to employers and employees.
• Ministry of Social Affairs: The Ministry of Social Affairs oversees labor regulations, including health and safety standards, and collaborates with TOSHI.

The primary legal framework for health and safety in Tunisia is found within the Tunisian Labor Code (Code du Travail).