Unfair dismissal in Tunisia: what are your rights as an employee?

Read in: العربية / Français

Topic: Employment law

What makes a dismissal lawful, the labour inspectorate and conciliation, the labour court, which documents to keep and what compensation you can claim.

Losing your job is a shock, especially when it happens suddenly and without a clear explanation. Tunisian law does not stop an employer from ending an employment contract, but it sets conditions. If they are not met, the dismissal can be found unfair and the employee can be compensated. When is a dismissal lawful? The Labour Code requires a real and serious reason for a dismissal. That reason can be: serious misconduct by the employee; an economic or technical reason affecting the business, in which case the employer must first notify the labour inspectorate, which tries to reach a settlement and, if needed, refers the case to the dismissal review committee. The employer must also follow the procedure set by the law and the applicable collective agreement. For a disciplinary dismissal, this usually means the employee is told what they are accused of and can defend themselves before the relevant disciplinary body, and then receives written notice of the dismissal and its reasons. Except for serious misconduct, the employee is entitled to a notice period. In court, the outcome depends on the evidence each side brings, so keep every document. Fixed-term contracts: If your fixed-term contract is ended early without serious misconduct on your part, you may be entitled to compensation. The rules on fixed-term contracts and subcontracting were reformed by Law no. 2025-9 of 21 May 2025, which may change your situation, so check the current text with a lawyer. The labour inspectorate and conciliation It often helps to start with the labour inspectorate for the area where you work. The inspector can call in the employer and try to reach a settlement. If both sides agree, a written record is made; if not, you can still go to court. The labour court Individual disputes between employees and employers go to the labour court (conseil de prud'hommes, the labour chamber of the court of first instance). Every case must go through a conciliation stage before the judge, and is then heard on the merits if the parties cannot agree. If the dismissal is found unfair, the court can award damages that take into account, among other things, length of service and salary. You do not need a lawyer before the labour court and can bring the case yourself, but a lawyer helps you frame your claims correctly and prove what you say, especially when the employer alleges serious misconduct. If you work in the civil service, for a public body or for a local authority, the dispute goes to the administrative court rather than the labour court. Employees of public enterprises of an industrial and commercial nature, however, go to the labour court. Be careful: employment claims are subject to limitation periods. Don't wait too long before acting. What you can claim Pay in lieu of notice, if the notice period was not respected. Severance pay based on length of service, where the law or the collective agreement provides for it. Damages for unfair dismissal. Unpaid wages and bonuses, and annual leave you did not take. A certificate of employment, which the employer must give you. The sector-wide collective agreement that covers your employer may give you better rights, so ask to see it. Documents to keep Your employment contract and any amendments. Payslips and proof of salary transfers. Your social security (CNSS) contribution record. The dismissal letter, any warnings, and notices to appear before a disciplinary board. Messages exchanged with the employer, and the names of colleagues who could testify. Don't sign any waiver or "full and final settlement" receipt until you clearly understand what it means: if it covers the sums due because your contract was ended, you may no longer be able to claim them in court, even if you were paid less than you were owed. Why see a lawyer? An employment lawyer can tell you whether your dismissal really is unfair, work out what you can claim, keep track of the deadlines and represent you before the labour court. Ideally, see one as soon as you receive the dismissal letter and before signing anything. The site's directory lists lawyers registered with the ONAT by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026