Can my employer fire me without a reason in Tunisia?

Answer by the AvoConsulte editorial team

No. Under the Tunisian Labour Code, a dismissal without a real and serious reason is unfair (abusive), and the employer must follow the required procedure. The labour court can award damages for an unfair dismissal.

Valid reasons

• Serious misconduct by the employee, which the Code treats as one of the real and serious reasons for dismissal.
• Economic or technical reasons affecting the business, in which case the employer must first notify the labour inspectorate, which investigates and tries to reach a settlement.

The employer must state the reasons in the dismissal letter, and the judge assesses them on the evidence both sides bring, so keep every document.

Procedure

For a disciplinary dismissal, you should normally be told what you are accused of and be able to defend yourself, often before a disciplinary body, and then receive written notice of the dismissal and its reasons. Except for serious misconduct, you are entitled to notice. Your collective agreement or contract may add steps or rights. During a probation period, either side can end the contract more easily, with fifteen days' written notice.

What you can do

• Keep your contract, payslips, social security (CNSS) record and the dismissal letter.
• Don't sign a full and final settlement receipt you don't fully understand.
• Contact the labour inspectorate, which can try to reach a settlement.
• If that fails, or directly, bring a claim before the labour court (conseil de prud'hommes). Under the Labour Code, a claim for damages for unfair dismissal must be filed within one year of the end of the contract, so act quickly.

What you may claim

Pay in lieu of notice, severance pay where the law or collective agreement provides for it, damages for unfair dismissal (the Code links the amount to your salary and length of service), unpaid wages and leave, and a certificate of employment.

The Labour Code also applies to foreign employees, although their work authorisation and contract terms can raise additional questions.

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. Fin du contrat de travail - Code du Travail (art. 21 à 26) Jurisite Tunisie
2. الدوائر الشغلية وزارة العدل
3. 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)