Are fixed-term employment contracts still legal in Tunisia?

Answer by the AvoConsulte editorial team

Yes, but only in limited cases. Since Law No. 2025-9 of 21 May 2025 amended the Labour Code, the open-ended contract (CDI) is the rule, and a fixed-term contract (CDD) can only be used in the situations the law lists. Otherwise, the employment is treated as open-ended.

When a fixed-term contract is still allowed

Under the new Article 6-4 of the Labour Code, a fixed-term contract may only be signed for:

• work made necessary by an unusual increase in workload;
• replacing a permanent employee who is absent or whose contract is suspended;
• seasonal work;
• other activities where, by custom or by their nature, open-ended contracts cannot be used.

The contract must be in writing and state its length and the case it relies on; otherwise it counts as open-ended. It may not include a probation period, and if the employee keeps working after the term ends, the contract becomes open-ended.

What else changed

• Contracts running when the law came in: transitional rules convert into open-ended contracts the fixed-term contracts that fall outside the permitted cases, including some that were still running or ended after 14 March 2025. Whether a given contract is covered depends on its dates and reasons, so check the exact wording.
• Labour subcontracting: the reform bans the supply of workers through subcontracting arrangements, which affects agency-style staffing.
• Probation: probation in an open-ended contract is now capped at six months, renewable once; check the current rules before relying on an old template.

For employers and foreign investors

Older HR guides, and figures such as a maximum total length for fixed-term contracts, may be out of date. Review your templates, staffing and subcontracting arrangements against the new text.

For employees

If you think your contract should now be open-ended, you can start with the labour inspectorate, which can try to reach a settlement, or file a claim directly with the labour court (conseil de prud'hommes), which decides.

For your own situation, consult an employment lawyer; the AvoConsulte directory lists lawyers registered with the ONAT by city.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. قانون عدد 9 لسنة 2025 مؤرخ في 21 ماي 2025 يتعلق بتنظيم عقود الشغل ومنع المناولة (الرائد الرسمي عدد 61، 23 ماي 2025) مجلس نواب الشعب
2. La réforme du Code du travail par la loi du 21 mai 2025 Revue de droit comparé du travail et de la sécurité sociale (OpenEdition Journals)
3. Tunisie : Publication au JORT de la loi encadrant les contrats de travail et abolissant la sous-traitance Webdo
4. الدوائر الشغلية وزارة العدل – الجمهورية التونسية