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Tunisia: Historic labor reform passed
Tunisia: Historic labor reform passed

African Manager

time22-05-2025

  • Business
  • African Manager

Tunisia: Historic labor reform passed

The Assembly of People's Representatives (ARP) on Tuesday approved a sweeping reform of the Labor Code on Tuesday, marking a pivotal shift toward enhanced worker protections and employment market regulation. Hailed as a 'social revolution' by analysts, the new law introduces fairer working conditions and greater job security. Key Provisions of the New Labor Law: 1. Indefinite-term contracts (CDI) become the standard – The reform establishes permanent contracts (CDI) as the default employment arrangement. – Fixed-term contracts (CDD) are now restricted to specific cases, such as: – Temporary replacement of absent employees – Exceptional workload increases – Seasonal work – Any CDD that does not meet these criteria will automatically convert to a CDI. 2. Ban on labor subcontracting – The law prohibits labor subcontracting, a practice deemed exploitative and precarious. – Service contracts between companies remain permitted, but under strict conditions to prevent disguised subcontracting. 3. Permanent hiring of subcontracted workers – Employees previously working for subcontracting firms will be permanently hired by the client company as of the law's enactment. – This measure ensures job stability and full labor rights for affected workers. 4. Protection for workers on fixed-term contracts – Employees whose CDD contracts were terminated between March 6, 2024, and the law's effective date are entitled to: – Automatic permanent employment OR – Severance compensation (equivalent to two months' salary per year of service, with a minimum of four months' pay). 5. Stricter workplace health & safety enforcement – Heavier penalties for violations of occupational safety standards. – An automated fine collection system will ensure compliance. 6. Regulation of remote work – Recognizing modern work trends, the law introduces clear remote work policies, balancing flexibility for employees and operational needs for employers. A reform welcomed by social stakeholders The labor code reform is seen as a major step forward for workers' rights in Tunisia, reflecting a strong political will to break with precarious employment practices and promote decent work for all. Trade unions and workers' rights organizations have praised these measures while calling for ongoing vigilance to ensure their effective implementation.

Penalties for breaching Labor Code and ban on subcontracting could include prison time
Penalties for breaching Labor Code and ban on subcontracting could include prison time

African Manager

time17-05-2025

  • Business
  • African Manager

Penalties for breaching Labor Code and ban on subcontracting could include prison time

The bill on the organization of work contracts and the elimination of subcontracting stipulates that fixed-term contracts are limited to three exceptional cases, Minister of Social Affairs, Issam Lahmar, stated recently. These include work requiring an unusual increase in workload, the temporary replacement of a permanent employee, and seasonal work that, by their nature or common practice, cannot be covered by indefinite-term contracts. During a hearing before the Health, Women's Affairs, Social Affairs, and Disability Committee of the Assembly of People's Representatives (ARP), the minister recalled that fixed-term contracts are already provided for in the Labor Code and cover seasonal work or tasks requiring an unusual surge in workload. 'The proposed amendment is significant and primarily focuses on mandating indefinite-term contracts while restricting fixed-term contracts to a few exceptions,' he noted. The minister clarified that labor subcontracting is now criminalized, except for services and tasks specified under Article 30 (new) of the Labor Code. Penalties including possible prison sentences MP Raouf Fekiri stated that the Health and Social Affairs Committee approved the bill on work contract organization and the prohibition of subcontracting. During his appearance on Express FM on Friday, May 16, he explained that one of the key changes in the bill is the explicit ban on subcontracting in the security and cleaning sectors, where this practice is most prevalent. The MP elaborated that the bill mandates the direct hiring of security and cleaning personnel by companies. He added that a fine of 10,000 dinars will be imposed on anyone deliberately resorting to subcontracting, with a prison sentence of 3 to 6 months in case of repeat offenses. Fekiri also noted that the law prohibits fixed-term contracts except in three exceptional cases, allowing for a probation period not exceeding six months, renewable only once for the same duration. The amendments also include an addition to Article 6 of the transitional provisions, covering employees dismissed from March 14, the date the bill was submitted to the ARP. 'Employees dismissed from March 14 onward will be considered full-fledged permanent employees under Article 6 of the transitional provisions,' he pointed out. The MP further explained that other amendments specify exceptions allowing fixed-term contracts, particularly for seasonal work in tourism and agriculture. Bill sent to plenary session for May 20 It should be noted that the ARP Bureau, meeting on Thursday, decided to submit the bill on work contract organization and the ban on subcontracting to the plenary session scheduled for Tuesday, May 20. Recall that President Kaïs Saïed recently chaired a Council of Ministers meeting that reviewed this bill amending certain provisions of the Labor Code. Among other things, the text aims to ban and criminalize subcontracting while protecting the rights of workers whose fixed-term contracts were terminated, as well as those whose contracts were canceled from March 6, 2024, to prevent them from benefiting from the new provisions first announced by the president on that date. The head of state asserted that this practice 'must cease to exist' and 'die out like certain savage species in history,' adding that employers 'who believed themselves above the law and dismissed contract workers to evade the new legal provisions will face criminal penalties.' On March 6, 2024, Saïed had already called for amending the Labor Code to end subcontracting in the private sector, which he described as 'human trafficking' and 'the trade of poor and needy workers' labor.' To illustrate his point, he denounced pay disparities between subcontracting firms and their employees, citing a case where a company charged 1,410 dinars per contract, while the workers received only 570 dinars.

Egyptian amb. probes boosting parl't coop. with Tunisia's ARP speaker
Egyptian amb. probes boosting parl't coop. with Tunisia's ARP speaker

Egypt Today

time10-05-2025

  • Politics
  • Egypt Today

Egyptian amb. probes boosting parl't coop. with Tunisia's ARP speaker

Egyptian and Tunisian flags - file CAIRO - 9 May 2025: Egyptian Ambassador in Tunis Bassem Hassan and Speaker of the Tunisian Assembly of People's Representatives (ARP) Ibrahim Bouderbala asserted the importance of promoting parliamentary and legislative cooperation at the bilateral, regional, and multilateral levels. During a meeting with the Tunisian lawmaker and the Egyptian diplomat on Friday, the two sides hailed the friendly and fraternal relations between both countries, both at the official and grassroots levels. They also highlighted the shared positions adopted by both countries, as well as their joint efforts to address regional and international issues, atop of which is the Palestinian cause, and the efforts made to enable the Palestinian people to establish their independent state based on relevant international legitimacy resolutions.

Prohibitions imposed by draft amendment to Labor Code
Prohibitions imposed by draft amendment to Labor Code

African Manager

time28-03-2025

  • Politics
  • African Manager

Prohibitions imposed by draft amendment to Labor Code

The draft law on the organization of employment contracts and the abolition of sub-contracting stipulates that fixed-term contracts will be limited to three exceptional cases, said the Minister of Social Affairs, Issam Lahmar, specifying that these are work requiring an unusual increase in workload, temporary replacement of a permanent employee and seasonal work, which cannot be the subject of open-ended contracts due to the use or nature of the activity. During a hearing of the Committee on Health, Women, Social Affairs and the Disabled of the Assembly of People's Representatives (ARP), the Minister recalled that the use of fixed-term contracts is already provided for in the Labor Code and includes seasonal work or work requiring an unusual increase in workload. 'The proposed amendment is important and essentially concerns the obligation to conclude employment contracts for an indefinite period and to limit fixed-term contracts to a few exceptions,' he said. The Minister clarified that the use of subcontracting will be criminalized, while this practice will not affect the services and works included in Article 30 (new) of the Labor Code. He informed that the new draft amendment applies to the private sector, noting that the regulatory texts will be published with regard to the tenure of agents working as subcontractors in the public sector, subject to specific regulations. He pointed out that the aim of this project is to abolish fixed-term employment contracts and definitively prohibit the subcontracting of labor, with the possibility of proposing regulations on the organization of service companies and the execution of works. The Minister of Social Affairs stressed that the draft amendment to the Labor Code is part of the implementation of the decision of the President of the Republic of 6 March 2024 on the cancellation of sub-contracting and the prohibition of all forms of fraud. It should be recalled that President Kaïs Saïed, recently chaired a meeting of the Council of Ministers which examined in particular this draft law amending certain provisions of the Labor Code. The text aims, among other things, to prohibit and criminalize sub-contracting, while safeguarding the rights of workers whose fixed-term contracts have been terminated, as well as those whose contracts have been cancelled as of 6 March 2024, in order to prevent them from benefiting from the new provisions announced for the first time on that date by the President of the Republic. The Head of State affirmed that this method 'must cease to exist' and 'die out like a wild species of history', adding that employers 'who think they are above the law and dismiss contractors in order to evade the new legislation will be subject to criminal sanctions'. On March 6, Saied had also called for the Labor Code to be amended to put an end to subcontracting in the private sector, which he described as 'human trafficking' and 'trafficking in the labor of the poor and needy'. To illustrate his point, he denounced the disparity in wages between subcontracting companies and their workers, citing the case of a company that charges 1,410 dinars per contract, while the workers concerned receive only 570 dinars.

80% of online sales transactions escape state control!
80% of online sales transactions escape state control!

African Manager

time18-03-2025

  • Business
  • African Manager

80% of online sales transactions escape state control!

The booming e-commerce activity on social media in Tunisia has opened the door wide to scams and fraud. While several pages have built a reputation for reliability by often delivering products that match their descriptions, others have opted for easy gains. Online, numerous groups have been created by internet users to expose scams and fraudulent schemes frequently encountered on social media, particularly on Facebook, the most widely used platform in Tunisia, with 7,625,400 local users, representing 64% of the country's internet users. Scammers use social media to sell dubious products. They lure customers with deceptive advertising messages promising wonders. However, once the consumer falls into their trap, they quickly realize the truth. Call for regulation of online marketing and promotion MP Olfa Marouani stated that 88 of her colleagues in the Assembly of People's Representatives (ARP) have submitted Proposal Law No. 42/2024, which aims to regulate marketing and promotional activities on websites and social media platforms. Speaking on Express FM, she explained that the main motivation behind this proposal is the awareness of the risks associated with these transactions, which pose a direct threat to individuals, businesses, society, and the state as a whole, as well as a danger to the economy. In 2023, monetary transactions were estimated at 149 million operations, with a value exceeding 25 billion dinars, 80% of which escaped state control and taxation. She added, 'This represents a complete destruction and sabotage of the national economy, while exposing citizens to all forms of fraud and deception, with no guarantees or laws to protect them.' Marouani also highlighted that a recent report from the Consumer Protection Organization indicates that the average Tunisian citizen files five complaints per day and 25 complaints per week, 38% of which are related to social media scams. According to Marouani, this threat endangers citizens' health and even affects education, including private tutoring, with complaints about fake diplomas. The MP clarified that the proposed law includes 49 articles covering all aspects, with protective measures for both sellers and buyers. It is currently under review by the relevant committee and remains open to potential amendments, with consultations planned with experts and discussions with various stakeholders. She recalled that Tunisia was a pioneer in this field with the adoption of Law No. 38 of 2000 on electronic exchanges and commerce, but there have been no updates to keep pace with developments since then. Creation of an economic and electronic monitoring unit! Among the key provisions of the draft law are the creation of a specialized unit for economic and electronic monitoring, the integration of all marketing actors into the digital economy, and the clarification of relationships between sellers, consumers, and delivery service providers. The initiative is not limited to payment but also includes guarantees and after-sales services. The draft law also aims to grant consumers the right to verify products before purchase and to refuse a purchase if they are not satisfied, while imposing penalties on violators. Marouani emphasized that this project is of utmost importance and must be developed through a participatory approach, in consultation with the Ministry of Commerce, the National Chamber of E-Commerce, institutions specialized in the digital economy, and the Ministry of Communication Technologies. She believes that debates will enrich and strengthen this proposal. She also noted that similar experiences exist in other countries, such as Egypt, Morocco, and the United Arab Emirates, and that regulating this sector is a common practice in most countries worldwide. Finally, she mentioned that another initiative on cybersecurity is currently under review by the relevant committee.

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