Tunisia
Probation periods
Impact date: 23 May 2025 (date published in the official Gazette) Under a new law, a probation period may only be applied for indefinite term contracts and may not exceed six months. The probation period can only be renewed once for the same duration (i.e., another six months), making the total possible probation period up to 12 months.
Employer implications/action needed Either party (employer or employee) may terminate the contract during the probation period by providing written notice at least 15 days before the end of the period. If the contract is terminated during the probation period and a new contract is later signed between the same parties, it must be indefinite and cannot include another probation period.
Employer risk Fixed-term contracts are not allowed to include a probation period. If a fixed-term contract continues beyond its term without renewal, it automatically becomes an indefinite contract without a probation period.
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Fixed-term contracts
Impact date: 23 May 2025 (date published in the official Gazette) Under a new law, fixed-term employment contracts may only be entered into in certain circumstances, namely:
- To perform specific tasks resulting from an exceptional increase in workload
- To temporarily replace a permanent employee who is absent or whose contract has been suspended
- To carry out a seasonal work
These provisions apply to contracts concluded before the entry into force of the new law and are in the process of being performed or contracts terminated after 14 March 2025.
Employer implications/action needed Fixed-term contracts must be in writing, and the fixed-term employees must enjoy the same rights as permanent employees. If a fixed-term contract continues beyond its term without renewal, it automatically becomes an indefinite contract.
Employer risk Fixed-term contracts that are entered into outside the permitted circumstances will be automatically converted to indefinite term contracts, regardless on the expiry date. The use of fixed-term contracts outside the permitted circumstances is also punishable by a fine ranging from 100 to 300 TND to any employee employed in violation of the legal, regulatory or contractual provisions, up to a maximum the total fine of 10,000 TND.
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Temporary work agency
Impact date: 23 May 2025 (date published in the official Gazette) A labour reform has been implemented that significantly restricts the use of temporary work agencies and subcontracting.
Temporary work agencies are no longer allowed to provide labour for main or continuous activities of a company. In addition, companies may only sign service agreements with external providers if:
- The task requires professional expertise or technical specialization
- The service is not related to the company’s core business
- The workers remain under the control of the service provider, not the beneficiary company
Employer implications/action needed In the circumstances where a service contract is legally allowed (i.e., for non-core, technical, or specialized services), the beneficiary company is now fully responsible for ensuring compliance with labor standards for the subcontracted workers (i.e. working hours and rest periods, night work protections, protections for women, children and persons with disabilities, and health and safety at work). These obligations apply as if the subcontracted workers were direct employees of the beneficiary company.
The providing company must present proof of payment of salaries and social security contributions within seven days from their due date and shall provide a financial guarantee to cover its employees’ contributions and their social security contributions. If the amount of the financial guarantee is insufficient, the beneficiary company shall take the place of the providing company to fulfil these obligations.
Employer risk Companies that engage in unauthorized subcontracting or misuse temporary contracts are subject to significant fines (10,000 TND, or 20,000 TND if the crime is committed by a company), or imprisonment of three to six months in the event of repeat offences.
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Contact
Meriam Jaafar Financial & Administrative Executive
E: meriamjaafar@eversheds-sutherland.tn T: +216 71 860 235
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