63
63
65.5
Limited Access to Decent Work
60
60
40
50
60
100
100
60
100
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §134 & 234 of the Labour Code, 1966 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §139-149 of the Labour Code, 1966 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §90 & 94 of the Labour Code 1966 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §79-94 of the Labour Code, 1966; §1 of the Decree No. 87-1097 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §65 & 66 of the Labour Code, 1966 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §79-94 of the Labour Code, 1966; §1 of the Decree No. 87-1097 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §83 of the Labour Code 1966 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §95-96 & 99 of the Labour Code, 1966 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §445 of the Labour Code, 1966; §01 of the Decree No. 2011-317 of 26 March 2011 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §113-121 of the Labour Code, 1966 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | No | 0 | §06 of the Labour Code, 1966 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §6(2)-6(4) of the Labour Code, 1966 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §18 of the Labour Code, 1966; §10 of the Framework Collective Agreement 1973 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §14, 398 & 410 of the Labour Code, 1966; §16 of the Framework Collective Agreement 1973 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §22 of the Labour Code, 1966 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §122 of the Labour Code, 1966; §40(4) of the Act No. 83-122 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §94 - of the Labour Code, 1966; §3 of the Act No. 58 of 2006; §2 of the Decree No. 3230 of 2006 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §64 & 94-100 of the Labour Code, 1966 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §64(a) of the Labour Code, 1966; §48 of the Act No. 83-112 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §79 & 82 of the Law No. 60-30 on Social Security, 1960; §48 of the Act No. 83-112 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §79 & 82 of Law No. 60-30 on Social Security, 1960; §30, 32 & 35 of Act No. 81-6 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §20 of the Labour Code, 1966 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §152(2) & 154(5) of the Labour Code, 1966 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §152(2) of the Labour Code, 1966 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §68(3 & 4) & 77 of the Labour Code, 1966; §15, 20 & 32 of the Decree No. 86-433 of the Protection against Ionizing Radiations | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Law No. 28 of 1994 on the Work Injury Compensation | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | Law No. 60-33 on Social Security for Non-agricultural Workers, 1960 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | Law No. 60-33 on Social Security for Non-agricultural Workers, 1960 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | Law No. 60-33 on Social Security for Non-agricultural Workers, 1960 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | Law No. 60-30 on Social Security, 1960 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | Law No. 60-33 on Social Security for Non-agricultural Workers, 1960 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §40 of the Tunisian Constitution of 2014; §5bis of the Labour Code, 1966 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §226(b) of the Criminal Code, 2005 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §20 & 21 of the Tunisian Constitution of 2014; §101bis of the Criminal Code, 2005 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §40 of the Tunisian Constitution of 2014; §66-68, 77 & 375 of the Labour Code, 1966 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Decree No. 95-1166 of 3 July 1995 relating to the Social Security of Self-employed Workers | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §38 of the Constitution, 2014; §53-57 of the Labour Code, 1966 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §1 of the Law on Education and Schooling, 2002 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §58-63 & 66, Labour Code, 1966; Decree No. 2000-98 on Prohibition of Hazardous Occupations | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §105, 171, 224 & 250, Penal Code, 1913; §2.1, 2.5, 2.6, and 8.0, Prevention of Trafficking Law 2016 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §35 & 36, Tunisian Constitution 2014; §242-256, Labour Code 1966; CEACR, C87, Obs. 2022 ; ITUC Global Rights Index 2024 (Tunisia Profile) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §31-52, Labour Code 1966; CEACR, C87, Obs. 2023 ; ITUC Global Rights Index 2024 (Tunisia Profile) | No Change |
| Does the law provide the right to strike? | No | 0 | §35-37, Tunisia's Constitution 2014; §376-390, Labour Code, 1966; §137, Criminal Code 2004; ITUC Global Rights Index 2024 (Tunisia Profile) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §387 & 388 of the Labour Code, 1966; §137 of the Criminal Code, 2004; ITUC Global Rights Index 2024 (Tunisia Profile) | No Change |