63
65.5
Limited Access to
Decent Work
60
60
40
50
60
100
100
60
100
0
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §134 & 234 of the Labour Code, 1966 |
| Does the law require regular payment of wages? | Yes | 1 | §139-149 of the Labour Code, 1966 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §90 & 94 of the Labour Code 1966 |
| Does the law require 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 |
| Does the law require additional compensation for night work? | No | 0 | §65 & 66 of the Labour Code, 1966 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §79-94 of the Labour Code, 1966; §1 of the Decree No. 87-1097 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | §83 of the Labour Code 1966 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §95-96 & 99 of the Labour Code, 1966 |
| 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 |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §113-121 of the Labour Code, 1966 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | No | 0 | §06 of the Labour Code, 1966 |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §6(2)-6(4) of the Labour Code, 1966 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §18 of the Labour Code, 1966; §10 of the Framework Collective Agreement 1973 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §14, 398 & 410 of the Labour Code, 1966; §16 of the Framework Collective Agreement 1973 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | §22 of the Labour Code, 1966 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| 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 |
| Does the law require flexible work 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 |
| Does the law require paid nursing breaks? | Yes | 1 | §64 & 94-100 of the Labour Code, 1966 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §64(a) of the Labour Code, 1966; §48 of the Act No. 83-112 |
| Does the law require cash maternity benefit be at least 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 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §79 & 82 of Law No. 60-30 on Social Security, 1960; §30, 32 & 35 of Act No. 81-6 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §20 of the Labour Code, 1966 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §152(2) & 154(5) of the Labour Code, 1966 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §152(2) of the Labour Code, 1966 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | Law No. 28 of 1994 on the Work Injury Compensation |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | Law No. 60-33 on Social Security for Non-agricultural Workers, 1960 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | Law No. 60-33 on Social Security for Non-agricultural Workers, 1960 |
| Does the law provide for unemployment benefit? | Yes | 1 | Law No. 60-33 on Social Security for Non-agricultural Workers, 1960 |
| Does the law require paid sick leave for the first 6 months of sickness? | Yes | 1 | Law No. 60-30 on Social Security, 1960 |
| Does the law provide for invalidity benefit? | Yes | 1 | Law No. 60-33 on Social Security for Non-agricultural Workers, 1960 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | No | 0 | §40 of the Tunisian Constitution of 2014; §5bis of the Labour Code, 1966 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §226(b) of the Criminal Code, 2005 |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §20 & 21 of the Tunisian Constitution of 2014; §101bis of the Criminal Code, 2005 |
| Does the law allow women to do the same jobs as men? | No | 0 | §40 of the Tunisian Constitution of 2014; §66-68, 77 & 375 of the Labour Code, 1966 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Decree No. 95-1166 of 3 July 1995 relating to the Social Security of Self-employed Workers |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §38 of the Constitution, 2014; §53-57 of the Labour Code, 1966 |
| 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 |
| Does the law prohibit the employment of children 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 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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. 2018 |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §31-52, Labour Code 1966 |
| Does the law provide for the right to strike? | No | 0 | §35-37, Tunisia's Constitution 2014; §376-390, Labour Code, 1966; §137, Criminal Code 2004 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | No | 0 | §389-390 of the Labour Code, 1966; §137 of the Criminal Code, 2004 |
