Fixed-Term Contracts in Tunisia: The New Labour Law (2025)

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Topic: Employment law

Fixed-term contract in Tunisia under the new labour law: when a CDD is still allowed, probation, the subcontracting ban and how to become permanent.

Since Law No. 2025-9 of 21 May 2025, a permanent contract (CDI, contract of indefinite duration) is the rule in Tunisia's private sector, and a fixed-term contract (CDD) is only allowed in limited cases set by law. The reform also bans labour subcontracting, regulates the probation period, and includes transitional rules that can turn some fixed-term and subcontracted workers into permanent employees. Tunisia labour code reform 2025: what the law covers The law amends several provisions of the Labour Code. It targets a common practice: renewing fixed-term contracts over and over, sometimes for years, so that people doing permanent jobs never become permanent staff. Its main points are: Permanent contracts are the default for any lasting employment relationship. Fixed-term contracts are the exception , limited to certain situations and subject to formal requirements. Labour subcontracting is banned: a company can no longer supply workers to another business to work there on a lasting basis under that business's direction. Probation is regulated , and transitional rules deal with contracts that were running when the law took effect. Equal treatment: workers on fixed-term contracts have the same rights as permanent staff doing the same activity and job, and get priority for permanent posts with the same employer. Be careful with what you read online. Many HR guides written before 2025, including English-language ones, still describe the old rules, such as a maximum total length for fixed-term contracts or an end-of-contract bonus. Those rules may no longer apply. Tunisia CDI and CDD rules: when is a fixed-term contract still allowed? Under the new Article 6-4 of the Labour Code, a fixed-term contract may only be signed in the following exceptional cases: 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. A fixed-term contract must be in writing. If it is not written down, or does not state its length or the exceptional case it relies on, it counts as a permanent contract. It may not include a probation period. And if you keep working after the fixed term ends, the contract becomes permanent, with your length of service kept and no probation. So read your contract. Does it give a reason? Does that reason match the work you actually do? Someone who has held the same job for years on back-to-back contracts "for a temporary increase in activity" has good grounds to have their situation reviewed. Probation period in Tunisia: how long and can it be renewed? Probation lets both sides check that the job is a good fit before committing; during it, the relationship can be ended more easily than through a normal dismissal. Under the new Article 6-3 of the Labour Code, probation may not exceed six months, renewable once for the same length. Either side can end the contract before probation is over by giving the other notice, in a form that leaves a written record, fifteen days before the end. If the contract is ended during probation, any rehiring between the same parties must be on a permanent contract with no probation. Ask for the probation period and its length to be written clearly into your contract. Check the sector-wide collective agreement that applies to your employer; it may contain specific rules for your job category. For contracts signed before the law came into force, the probation period they set still applies if it is shorter than six months. Tunisia subcontracting ban: what changes for agency workers? Labour subcontracting means a company hires workers and then places them permanently in another business, which directs their day-to-day work without being their legal employer. This arrangement is now prohibited by the new Article 28 of the Labour Code, which also treats security guarding and cleaning as labour subcontracting. Breaching the ban is a criminal offence punished by fines, and by imprisonment for a repeat offence. The ban does not cover every contract between two companies. A business can still sign a written contract for services or works that require professional know-how or technical specialisation, provided they are not part of its core, permanent activity and the contractor's workers are not under its direction and control. The client business remains responsible for applying the rules on working conditions, health and safety to the contractor's workers as if they were its own. The deciding question is: who actually organises the work and gives the daily instructions? If you work through a subcontracting company, Article 8 of the law provides that workers employed through the now-banned labour subcontracting become permanent staff of the client business from the date the law came into force, with their length of service counted if the working relationship with that business was regular and never interrupted for more than a full year. Gather your documents before taking any step. Will my fixed-term contract become permanent? The transitional rules This is the question everyone asks: "I was on a fixed-term contract when the law came into force. Am I permanent now?" Article 6 of the law provides that fixed-term contracts that do not fall within the exceptional cases above become permanent contracts, whatever their end date. This covers contracts signed before the law came into force that were still running, and contracts ended after 14 March 2025. Length of service under those contracts then counts if the working relationship was regular and never interrupted for more than a full year. How this applies to you depends on the dates of your contract and the nature of your job. To work out where you stand: Gather all your contracts and renewal amendments, your payslips and any work certificates. Ask the CNSS (national social security fund) for a statement of the salaries declared for you. It proves how long you have worked. Write down the start and end dates of each contract and the date of the last renewal. Find out which collective agreement covers your sector. Show the file to the labour inspectorate or a lawyer before signing any new document your employer offers, especially a new contract or a resignation letter. What if my employer refuses to make me permanent? Write to your employer: ask in writing for your situation to be regularised, and keep a copy with proof that it was received. Labour inspectorate: before going to court, you can contact the labour inspection office for your area, which looks into the case and tries to reach a settlement. Labour court: if no settlement is reached, the file is sent to the labour chamber (conseil de prud'hommes) of the court of first instance. You can also file your claim directly at the court registry, to have the permanent contract recognised, with the rights that follow from it. Time limits: employment claims must be brought within legal time limits. Don't wait; ask a lawyer to work them out for your case. If your contract is ended right after you ask to be made permanent, that may amount to unfair dismissal depending on the circumstances. See our guide on unfair dismissal. Frequently asked questions Is my fixed-term contract automatically converted? Yes if it was signed outside the permitted cases, or without a written contract, a stated length or a stated reason, if it falls within the transitional rules, or if you kept working after it ended. Otherwise, becoming permanent depends on an agreement with your employer. If you disagree, you can start with the labour inspectorate and then, if needed, go to the labour court. Does my time on previous fixed-term contracts count? If your contract becomes permanent under the transitional rules, your time on the earlier fixed-term contracts counts, provided the working relationship was regular and never interrupted for more than a full year. Keep everything that proves your length of service, including contracts, payslips and CNSS statements. It is the basis of any claim. Does the law apply to the public sector? The law amends the Labour Code. Civil servants are, in principle, covered by their own statutes, and their disputes go to the administrative court; disputes of employees of public industrial and commercial bodies go to the labour court. Article 8 of the law also expressly mentions some staff employed on a permanent basis by public offices, bodies and enterprises of an industrial, commercial or agricultural nature. Have your position checked case by case. Can my employer end the contract during probation? Yes. Either side can end the relationship during probation on easier terms than a dismissal, provided they give the other fifteen days' written notice. Once probation is over, the ordinary rules on ending an employment contract apply. When should you talk to a lawyer? The reform is recent, and even HR departments are still working out how to apply it. An employment lawyer is especially useful if: your employer refuses to make you permanent although your contract may fall under the transitional rules; you are asked to sign a new contract, a resignation or a final settlement receipt; your contract ended shortly before or just after the law came into force; you are an employer and need to bring your contracts and your arrangements with service providers into line with the law. The site's directory lets you find a lawyer registered with the ONAT (the Tunisian bar) in your city who handles employment disputes. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026