Tunisian Employment Contract: Mandatory Clauses (Labour Code & Law 2025-9)

What must every Tunisian employment contract include: party identification, CDI as default, CDD exceptions, pay, leave, probation, subcontracting ban, CNSS and Law No. 2025-9.

Tunisian Employment Contract

What Clauses Are Mandatory?

Labour Code (Law No. 66-27 of 30 April 1966) – Updated with Law No. 2025-9 of 21 May 2025

NEW – Law No. 2025-9 of 21 May 2025

On the regulation of employment contracts and the prohibition of labour subcontracting – In force since 23 May 2025

1. Identification of the Contracting Parties

Every employment contract must precisely identify both contracting parties in accordance with Article 6 of the Labour Code.

1.1 Employer Information

Company name or full name (if an individual)
Legal form and registration number in the National Enterprise Registry (RNE)
Registered office or establishment address
CNSS (National Social Security Fund) employer registration number

1.2 Employee Information

Full name, date and place of birth
National Identity Card (CIN) number
Residential address
CNSS registration number (or enrolment commitment if first employment)
Nationality (mandatory for foreign workers)

Warning – Foreign Workers

Contracts with non-Tunisian nationals must be endorsed by the Regional Directorate of Labour before the employee commences work. Failure to comply with this formality constitutes an offence punishable by a fine.

2. Nature and Duration of the Contract – New Rules (Law 2025-9)

✅ NEW – Law No. 2025-9 of 21 May 2025: Open-Ended Contract as Default

Since 23 May 2025, every employment contract is presumed to be open-ended (CDI). The fixed-term contract (CDD) has become a strictly regulated exception. Any non-compliant fixed-term contract is automatically converted to an open-ended contract, with full preservation of acquired rights including seniority.

2.1 Open-Ended Contract (CDI) – The General Rule

The open-ended contract is now the only standard form of employment in Tunisia. It must be established in writing and signed by both parties. In the absence of any specification on duration, any contract is automatically an open-ended contract.

2.2 Fixed-Term Contract (CDD) – The Exception

Under Law No. 2025-9, a fixed-term contract may only be concluded in three strictly defined circumstances:

Unforeseeable and temporary increase in business activity
Temporary replacement of an absent or suspended employee
Seasonal work or tasks of a specific nature that are incompatible with an open-ended contract

The fixed-term contract must be in writing, duly justified, and specify its precise end date. Any contract that does not meet these criteria is automatically reclassified as an open-ended contract.

Important Transitional Provisions

Non-compliant fixed-term contracts concluded before 23 May 2025 and still in force are automatically converted to open-ended contracts. Contracts terminated between 6 March 2024 and 23 May 2025 entitle the employee to automatic regularisation if the employment relationship lasted 4 years or more, with potential compensation of 2 months' salary per year of seniority.

2.3 Part-Time Contract

Must specify the agreed weekly or monthly working hours, which must be less than the statutory limit (48 hours per week). Remuneration is calculated on a pro rata basis.

3. Job Position and Professional Classification

The contract must precisely define the employee's role and classification according to the applicable collective bargaining agreement.

Key elements to specify

Exact job title
Brief description of duties and responsibilities
Classification within the applicable sectoral collective bargaining agreement (category, level, grade)
Place of work (principal establishment and any mobility provisions)

Professional requirements

Job position — The job title and duties must be described with sufficient precision to avoid disputes about the scope of tasks.
Classification — The applicable collective agreement sets classification scales. The employer must respect the category matching the actual duties performed.
Place of work — The usual place of work is mandatory. Any geographical mobility clause must be expressly negotiated.

4. Remuneration

The remuneration clause is one of the most regulated in Tunisian legislation. It must be explicit and comply with all legal and collective bargaining provisions.

4.1 Basic Salary

The gross monthly salary must be stated in both figures and words. It may not under any circumstances be lower than the SMIG (Guaranteed Minimum Interprofessional Wage) or the SMAG (Guaranteed Minimum Agricultural Wage), whose amounts are periodically revised by government decree.

4.2 Salary Supplements

Transport, meal and housing allowances (if applicable)
Seniority bonus (mandatory under the applicable collective agreement)
Overtime pay: +25% on working days, +50% on rest days, +100% on public holidays
Bonuses and performance incentives (if contractually provided)

4.3 Payment Terms

The contract must specify the payment frequency (monthly) and the method of payment (bank transfer strongly recommended). Cash payments above TND 3,000 are inadvisable for traceability reasons.

5. Working Hours

Weekly hours: maximum 48 hours (standard regime)
Daily working hours or reference to the internal rules and regulations
Overtime arrangements
For shift or rotating work: rotation system details
For remote work (telework): specific arrangements for organisation and monitoring of working time

6. Leave and Absences

6.1 Annual Paid Leave

At least one working day per month of actual work, i.e. a minimum of 12 working days per year. The applicable collective agreement may provide for more generous entitlements.

6.2 Special Leave (Family Events)

Employee's own marriage — 3 to 5 working days depending on the collective agreement
Birth of a child — 2 working days
Death of spouse / child — 3 working days
Death of parent / parent-in-law — 3 working days
Marriage of a child — 1 to 2 working days
Sick leave — Salary maintained according to seniority and collective agreement

7. Probationary Period – Amended by Law 2025-9

✅ NEW – Unified Probationary Period (Law No. 2025-9)

Law No. 2025-9 has unified and strictly defined the probationary period: it is now set at a maximum of 6 months, renewable once only. The total duration therefore cannot exceed 12 months for all employee categories. It must be expressly stipulated in the contract.

Probation rules

Basic duration — Maximum 6 months for all employee categories
Renewal — Renewable once only – maximum 12 months in total
Form — Must be expressly and clearly stipulated in writing in the contract
Termination — Either party may terminate without notice or compensation, unless otherwise agreed

Case law

Tunisian courts consistently penalise employers who invoke a probationary period not expressly stipulated in writing in the contract. Absence of a written clause is equivalent to the absence of a probationary period.

8. Prohibition of Labour Subcontracting (Law 2025-9)

✅ NEW – Total Prohibition of Labour Subcontracting

Law No. 2025-9 strictly prohibits any secondment of employees from one company to another. Security guarding and cleaning activities are explicitly included within this prohibition.

8.1 What Is Prohibited

Any arrangement under which one company places its employees at the disposal of another company to carry out all or part of that company's core activity is unlawful, regardless of the legal form of the arrangement.

8.2 What Remains Permitted

Service provision or works execution contracts remain lawful provided that:

The work involves specific technical expertise
The service does not relate to the client company's core and permanent activity
The service provider's employees are not placed under the direct hierarchical authority of the client company

8.3 Penalties for Non-Compliance

Fine – Natural person — TND 10,000
Fine – Legal entity — TND 20,000 (doubled)
Repeat offence — Imprisonment from 3 to 6 months + fine
Compliance deadline — 3 months from 23 May 2025 (i.e. by 23 August 2025)
Compliance obligation — Companies using subcontracted labour before 23 May 2025 were required to regularise their situation by 23 August 2025. The employees concerned must be directly hired, with recognition of their seniority.

9. Social Security Affiliation (CNSS)

Enrolment of the employee with the National Social Security Fund (CNSS) is an absolute legal obligation. The contract must state:

The employer's CNSS registration number
The employee's CNSS registration number (or commitment to register)
The allocation of contributions (employer's share and employee's share)

Failure to comply exposes the employer to financial penalties and criminal prosecution.

10. Recommended Specific Clauses

10.1 Confidentiality Clause

Protects the company's sensitive information. Must be proportionate and time-limited to be enforceable.

10.2 Non-Compete Clause

Lawful under Tunisian law, provided it is limited in duration, geographic scope and professional subject matter. A financial counterpart is recommended.

10.3 Training Repayment Clause

Where the employer finances costly training, it may provide for reimbursement if the employee leaves before an agreed period has elapsed.

10.4 Notice Period Clause

Notice period duration is generally set by collective agreements. The contract may provide for periods longer than the legal minimum, but never shorter.

11. Summary Table of Mandatory Clauses

Identification of parties — Names, addresses, CIN, CNSS and RNE numbers
Nature of contract — CDI (general rule), CDD (3 exceptional cases only – Law 2025-9)
Duration of CDD — Precise term and justification (one of the 3 legal cases)
Job & classification — Job title, duties, collective agreement category
Place of work — Principal establishment and any mobility clause
Remuneration — Gross salary, supplements, frequency, payment method
Working hours — Schedule, organisation, overtime
Annual leave — Reference to legal and collective agreement provisions
Probationary period — Max 6 months, renewable once (12 months max) – Law 2025-9
CNSS affiliation — Registration numbers, contribution rates
Labour subcontracting — Prohibited for core activity – Law 2025-9
Collective agreement — Reference to the applicable agreement
Applicable law — Tunisian law and competent jurisdiction

Conclusion

Law No. 2025-9 of 21 May 2025 marks a historic turning point in Tunisian labour law. By enshrining the open-ended contract as the norm, strictly limiting fixed-term contracts to three exceptional cases, and prohibiting labour subcontracting, the legislator has significantly strengthened employee protection while placing new obligations on employers.

Any company that has not yet brought its employment contracts into compliance with the new legislation should do so without delay, with the assistance of a lawyer specialising in Tunisian employment law. The risks of automatic reclassification and the criminal penalties provided for non-compliance are particularly dissuasive.

Official Resources

Official Gazette of the Tunisian Republic (JORT) – Law No. 2025-9 of 21 May 2025 | Ministry of Social Affairs (www.social.gov.tn) | CNSS – National Social Security Fund (www.cnss.nat.tn)

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