New Decree to Protect Workers' Rights in Tunisia
According to the Official Journal of the Tunisian Republic (Jort) published yesterday, a decree dated September 23, 2025, sets out the conditions for applying Chapter 30 of the Labor Code, related to service and work contracts. This measure aims to strengthen the protection of workers' rights by guaranteeing the payment of wages and social security contributions.
Key Provisions of the Decree
- Any company providing services or performing work on behalf of another company must establish a financial guarantee with a bank or financial institution within three days of signing the contract.
- The guarantee, equivalent to 20% of the contract value, remains active throughout the duration of the service provision.
- The fund is used to settle the debts of the service provider's employees in case of non-payment within seven days. The debts include salaries and social security contributions as provided by current legislation.
- The service provider must immediately provide the beneficiary company with a copy of the financial guarantee certificate.
Consequences of Non-Compliance
- In case of non-compliance, the beneficiary company is authorized to pay the employees directly and use the financial guarantee to recover the amounts due, without any prior administrative or judicial procedure.
- The service provider can recover the remaining guarantee after the contract ends if no objections are raised.
Implementation and Impact
The decree, which comes into effect immediately upon publication in the Official Journal, marks an important step in securing contractual relationships and ensuring the protection of workers in the context of service and work contracts in Tunisia.