Tunisia

The Tunisian Labour Code, specifically Article 79, outlines the regulations governing standard working hours in Tunisia. The standard workweek in Tunisia is either 48 hours or 40 hours, depending on the applicable collective labor agreement or employer policy. The maximum allowable working hours per week cannot exceed 48 hours. Certain sectors or companies might have negotiated shorter workweeks (less than 48 hours) through collective bargaining agreements.

In Tunisia, overtime work is regulated by the Tunisian Labour Code. According to Article 80, any work performed beyond the standard weekly working hours is considered overtime.

Although not explicitly stated in the Labour Code, it is generally advised that employers require prior approval from the Labor Inspectorate for overtime work.

There are limitations on the total number of overtime hours an employee can work. Weekly total working hours, including overtime, cannot exceed 60 hours. Including overtime, daily working hours cannot surpass 10 hours.

Tunisian law mandates overtime compensation at an increased rate based on the employee's regular wage structure. For full-time employees working a 48-hour workweek, there is a 75% increase on top of the base salary for each overtime hour worked. For full-time employees working less than a 48-hour workweek, there is a 25% increase for hours worked up to 48 hours and a 50% increase for any hours exceeding 48 hours. Part-time employees receive a 50% increase for all overtime hours worked.

These are the minimum legal requirements. Collective bargaining agreements in specific sectors might stipulate higher overtime pay rates.

Tunisian labor law places a high priority on worker well-being by mandating rest periods and breaks throughout the workday and workweek. Here's a breakdown of employee entitlements as per the Tunisian Labour Code:

Daily Breaks

• Minimum Break Duration: The workday must be interrupted for at least one or more breaks totaling a minimum of one hour.

• Frequency of Breaks: The work schedule must be structured so an employee doesn't work for more than six consecutive hours without a break of at least 30 minutes.

• Shorter Workdays: If the daily working hours are less than seven hours, breaks might not be mandatory.

Daily Rest Period

• Minimum Uninterrupted Rest: Workers are legally entitled to a minimum of 10 consecutive hours of uninterrupted rest between work shifts.

Weekly Rest Period

• Minimum Duration: All employees are entitled to a weekly rest period of at least 24 consecutive hours.

• Typical Days: This weekly rest typically falls on Friday, Saturday, or Sunday. However, alternative days can be agreed upon between the employer and employee.

In Tunisia, labor law recognizes the potential strain of night and weekend work, implementing specific regulations to ensure worker well-being and fair compensation.

Night work is defined as any work performed during at least seven consecutive hours between 10 pm and 6 am. Night shift workers are legally entitled to a shorter workday. The specific reduction is determined through collective bargaining agreements or employer policies, but it cannot be less than one hour per night. Night shift work typically warrants a mandatory pay increase. The specific amount is determined by collective bargaining agreements or employer policies, but it cannot be less than 20% of the base salary per night worked.

As for weekend work, all employees are entitled to a minimum of 24 consecutive hours of weekly rest. This rest period typically falls on Friday, Saturday, or Sunday. Working on a designated rest day requires prior authorization from the Labor Inspectorate, except in specific sectors like tourism or healthcare. Weekend work mandates increased compensation for employees. The specific amount is determined by collective bargaining agreements or employer policies, but it cannot be less than 50% of the base salary per hour worked.

It's important to note that employers and employees can negotiate alternative working arrangements for night shifts and weekends through mutual consent. However, these agreements cannot fall below the minimum legal requirements outlined above.