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Tunisia - Minimum Wages - 2011


LAST UPDATE

15 June 2011
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SOURCES


Name of Act

Labour Code, of 30 April 1966, as amended up to Act No. 2011-4, dated 3 January 2011, Journal Officiel de la République de Tunisie, No.2 , 7 January 2011, p. 50.
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Name of Act

Decree no. 2000-1990 of 12 September 2000, concerning the composition and operation of the National Social Dialogue Committee, Journal Officiel 2000-09-22, vol. 76.

Name of Act

Decree no. 2010-1747 of 17 July 2010, setting the minimum wage for agricultural workers, Journal Officiel, 20 July 2010, No.58, p. 1998-1999.

Name of Act

Decree no. 2010-1746 of 17 July 2010, setting the minimum wage rate for workers in the non-agricultural sectors governed by the Labour Code, Journal Officiel, 20 July 2010, No. 58, p. 1997-1998

Name of Act

Decree No. 2010-2768, dated 25 October 2010, establishing the special status of officers from the Labour Inspectorate and Conciliation of the Department of Social Affairs, Solidarity and Tunisians abroad.

Name of Act

Law No. 66-27, dated 30 April 1966, stating the promulgation of the Labour Code.

LEGAL DEFINITIONS


Wage

The term "wage" refers to the remuneration owed to the worker in return for work done for his employer, and which is determined either by agreement between the parties or by collective agreement.
Labour Code Art.134,134-2

Minimum wage

The minimum wage rate is the wage level set for workers in positions that do not require a professional qualification and below which no employee shall be remunerated.
Labour Code Art.134-2

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

Minimum wage rates for workers other than those employed in the agricultural sector (SMIG) and for workers in the agricultural sector (SMAG) are set and revised by the government in a decree, following consultations with the most representative employers’ and workers’ organisations.

Recommendations for minimum wage rates for both agricultural workers and workers other than those employed in the agricultural sector are made by the "National Committee on Social Dialogue". It is headed by the Minister of Social Affairs, and composed of 15 representatives of different ministries and six representatives of trade unions.
Labour Code Art.134, art.335
Decree no. 2000-1990 of 12 September 2000

Minimum wage set through decentralized collective bargaining

Wage rates may be set by collective agreement, however, they may not be lower than the minimum wage rates set by the government. Collective agreements may be extended to certain sectors if their scope is clearly set forth in the agreement and their conclusion has been authorised by the Minister for Youth, Sports and Social Affairs.
Labour Code Art.37-40,art.134

Criteria


Productivity

Part of the remuneration may be fixed on the basis of productivity by virtue of agreements concluded within the company between the employer and workers’ representatives. However, compensation can be set in full based on productivity, for the work that are usually paid on piece or task basis.
Labour Code Art.134

Coverage


Scope

The Labour Code applies to all public and private industrial, commercial and agricultural businesses, regardless of whether they are religious or secular, non-profit or profit-making organizations. The Code also applies to cottage industries, co-operatives, professionals, unions and other organisations.
Labour Code Art.1

Specific minimum wage rates


» Specific minimum wage by sector

Yes, there is a distinction between minimum wage rates for agricultural and non-agricultural workers.
Decree no. 2010-1746 of 17 July 2010 Art.1
Decree no. 2010-1747 of 17 July 2010 Art.1

» Minimum wage levels for specific categories of workers


» Youth

A minimum wage rate is set for workers younger than 18 years of age, which is lower than the regular minimum wage rate. Currently, the minimum wage rate for juvenile workers is 85% of the rate applicable for adults.
A minimum wage for agricultural workers is only foreseen for workers of at least 18 years of age.
Decree no. 2010-1746 of 17 July 2010 Art.4
Decree no. 2010-1747 of 17 July 2010 Art.1

» Piece-rate workers

Wage rates for workers paid per piece produced must be set at such a level that workers are assured of receiving at least the minimum wage rate set by decree or sectorial collective agreement.
Labour Code Art.134

Level


Minimum wage level(s) in national currency

Non-agricultural workers;
-For a 48 hour work week: 272,480 dinars per month. 1310 millimes per hour.
-For a 40 hour work week: 235,040 dinars per month. 1356 milllimes per hour.
Agricultural workers: 8,380 dinars per day plus certain bonuses (Bonus for specialists: 540 millimes per day; Bonus for qualified workers: 1015 millimes per day).
Decree no. 2010-1746 of 17 July 2010 Art.1, art.2
Decree no. 2010-1747 of 17 July 2010 Art.1, art.2

Last minimum wage update

17 July 2010
Decree no. 2010-1747 of 17 July 2010 Art.6
Decree no. 2010-1746 of 17 July 2010 Art.8

In-kind allowances

Wages include the basic salary as well as all accessories made ​​up of allowances and benefits in cash or in kind, whatever their nature.

Wages shall be paid in legal currency in Tunisia and though in kind allowances are permitted, these benefits shall not be deducted from the minimum wages paid in cash.
Labour Code Art.134-2, art.139

Rate of payment


» Hourly

The wages of workers paid on an hourly basis are paid at least once a week.
Labour Code Art.140

» Daily

The wages of workers paid on a daily basis are paid at least once a week.
Labour Code Art.140

» Monthly

The wages of workers paid on a monthly basis are paid at least once a month.
Labour Code Art.140

» Other

For piece-work or tasks whose execution takes more than a week, payment dates may be fixed by agreement between the parties provided that the worker receives payments at least each week and that it is paid in full within one week following the delivery of the work.
Labour Code Art.140

Specific provisions

The payment of wages cannot be made the day that the worker or employee has the right to rest.
Labour Code Art.142

Enforcement mechanisms


Labour inspection

Labour inspectors may carry out inspections in order to ensure compliance with labour legislation.
Labour Code Art.170
Decree No. 2010-2768 Art.4

Fines in national currency for non-respect of legislation

Failure to pay the minimum wage shall result in a fine of 24 to 60 dinars. This fine is applied for each employee being paid a wage that is less than the minimum rate provided for in the legislation.

When the employer have made insufficient payments to their employees, he shall comply with a fine to be paid to the Budget of the State, in a sum equal to three times the portion of salary paid inadequately, as well as the obligation of having to pay the employees the owed part of the salaries. In case of repeat offences the said fine will be doubled.
Labour Code Art.234
Law stating the promulgation of the Labour Code Art.3

Results generated on: 17th April 2014 at 20:37:21.
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