Latest news with #IssamLahmar


African Manager
17-05-2025
- 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.


African Manager
28-03-2025
- 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.


Zawya
04-03-2025
- Politics
- Zawya
Tunisia: President stresses need for new social legislation
Tunisia - President Kais Saïed stressed the need to adopt new legislation in the social field, as well as in other areas, based on a new perspective, during a meeting with Social Affairs Minister Issam Lahmar on Monday afternoon at the Carthage Palace. He emphasised that the legislative revolution must override previous frameworks, and half-measures or seemingly adequate solutions that ultimately fail to meet the people's expectations are unacceptable, according to a Presidency statement. The Head of State highlighted the importance of eradicating certain outdated terms and concepts, such as subcontracting and fixed-term contracts. In this context, he noted that one of the key projects currently underway is the revision of the Labour Code. The President of the Republic pointed out that the state will use the law to confront anyone who attempts to exploit workers' rights or threatens to shut down their enterprise. He stressed that those who think in such terms are not only misreading the Constitution but also misinterpreting history. Additionally, he underscored that social stability is the essential foundation for creating wealth and achieving genuine growth. Just as employers seek legitimate profits, workers have the right to stability and fair, equitable wages. © Tap 2022 Provided by SyndiGate Media Inc. (