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Tunisia - Working time - 2011


LAST UPDATE

15 June 2011

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.87-1097 dated 24 August 1987, on additional work done by agents acting for the ministerial offices.

Name of Act

Decree No.95-1085 of 19 June 1995 fixing the Holidays giving rise to leave the benefit of employees of the State, local authorities and public administrative establishments.

Name of Act

Decree No.86-936 dated 6 October 1986 establishing the regime of part-time in offices, public establishments and commercial and industrial companies whose capital is owned directly and entirely to the State or to the Local Authorities.

LEGAL DEFINITIONS


Overtime/overtime work

Overtime hours are the hours worked in excess of normal weekly working hours.
Labour Code Art.90, 94

Part-time work(er)

Part time work is the work that does not exceed 70 percent of normal hours of work.
Labour Code Art.94-2

NORMAL HOURS LIMITS


Daily hours limit


General limit

No general daily hours limit. However the Labour Code provides a weekly limit in 48 hours which serves as a reference for other limitation periods.
Labour Code Art.79
Historical data (year indicates year of data collection)
  • 2009: (No general daily hours limit)

Weekly hours limit


General limit

The weekly general limit is fixed in 48 hours.
Labour Code Art.79
Historical data (year indicates year of data collection)
  • 2009: 48 hours.
  • 2007: 48 hours HOURS AVERAGING It is permitted to apply a limit equivalent to 48 hours over a period of longer than a week, provided that this period does not exceed one year. REDUCED LIMITS In certain sectors, normal hours of work may be set at 40 hours and this limit can be averaged over a period of longer than a week, provided that this period does not exceed one year.
  • 1995: 48 hours.

Reference period(s)

The reference period is one week.
Labour Code Art.79

Exceptions

It is permitted to apply a limit equivalent to 48 hours over a period of longer than a week, provided that this period does not exceed one year.
Exceptions apply to preparatory, complementary and urgent work.
Labour Code Art.79, 83
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Special categories


» Agricultural workers

In agricultural establishments, the legal limit of hours performed is fixed in 2,700 hours per year, calculated for 300 days of work.
Labour Code Art.88

OVERTIME WORK


Criteria for overtime


General

Overtime hours are the hours worked in excess of normal weekly working hours.
Labour Code Art.90, art.94

Limits on overtime hours


General limits

The maximum weekly hours including overtime hours performed over a week cannot exceed to 60 hours.
In case of civil servants, overtime work cannot exceed 11 months during the year, scheduled up to two hours per day and worker.
Labour Code Art.93
Decree No.87-1097 Art.2
Historical data (year indicates year of data collection)
  • 2007: Maximum weekly hours limit (inlcuding overtime) of 60 hours.
  • 1995: Maximum hours: 10 a day and 60 a week. 100 hours per year.

Restrictions/exceptions

The 60-hour limit does not apply in case of urgent work which cannot be postponed in order to prevent accidents or to organise saving measures.
Labour Code Art.93

Compensation for overtime work


Overtime rate(s)

Overtime hours are remunerated in reference to basic rate of wages as follows:
-For full time workers over a 48 hours workweek: 75% increase.
-For full time workers with less than 48 hours workweek: 25% increase for the hours worked up to 48 hours and 50% increase for subsequent hours.
Labour Code Art.90
Historical data (year indicates year of data collection)
  • 2009: 48 hour workweeks: 75% increase Workweek of less than 48 hours workweek: 25% increase for the hours worked up to 48 hours and 50% increase for subsequent hours.
  • 2007: 48 hour workweeks: 75% increase Workweek of less than 48 hours workweek: 25% increase for the hours worked up to 48 hours and 50% increase for subsequent hours.
  • 1995: 25% premium for the first 8 hours, 50% thereafter, for a 40-hour workweek. 75% premium in a 48-hour workweek.

Compensatory rest

Overtime work performed by civil servants may entitle these workers either a compensatory rest or an overtime compensation.
Decree No.87-1097 Art.1

Special categories


Part-time work

Overtime hours needs to be agreed between the part-time workers and the employer.
The overtime hours of part-time workers must not exceed 1/3 of the working hours set in the contract, and the total number of hours must not exceed the normal hours of a full-time worker.
Labour Code Art.90, art.94-6

REST PERIODS


Rest breaks


General provisions

In all kind of establishments, daily work shall be interrupted for one or several breaks during which performing of work is forbbiden. These breaks may not have a duration shorter than 1 hour.
The rest break must be scheduled so that an individual does not work more than 6 hours without a 30 minute rest break.
Labour Code Art.89
Historical data (year indicates year of data collection)
  • 2009: 1 hour The rest break must be scheduled so that an individual does not work more than 6 hours without a 30 minute rest break.
  • 1995: One or more rest periods totaling at least 1 hour. A break of 30 minutes after a maximum of 6 consecutive hours of work.

Exceptions

If total daily hours of work are no more than 7 hours, the enjoyment of a rest break is not compulsory.
Labour Code Art.89

Daily rest periods


Duration

The daily rest shall be an interrupted period of not less than 10 hours without prejudice of special regulations for women and children.
Labour Code Art.89
Historical data (year indicates year of data collection)
  • 2009: 10 hours
  • 2007: 1 hour The rest break must be scheduled so that an individual does not work more than 6 hours without a 30 minute rest break.
  • 1995: 10 consecutive hours.

Exceptions

Women and young workers under 18 years old shall enjoy 12 consecutive hours of daily rest during the night, in the interval between 10pm and 6 am.
Labour Code Art.66

Weekly rest periods


Duration


» General

In all establishments other than agricultural establishments, employers are required to provide the employees a weekly rest period of 24 consecutive hours.
Labour Code Art.95
Historical data (year indicates year of data collection)
  • 2009: 24 hours.
  • 1995: 24 consecutive hours.

» Exceptions

For urgent work (work that is required for preventing or repairing accidents etc.) the weekly rest period can be suspended.
Where weekly rest is granted to all staff on the same day, it can be reduced to one-half for certain staff such as employees whose work involves driving machines, cleaning of industrial sites, stores or offices, and employees who are security guards or concierges.
Further exceptions apply to retail establishments, mining and quarrying, seasonal outdoor work and for perishable goods/workloads.
Labour Code Art.99
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Day specified


» General

The weekly day rest may be enjoyed on Friday, Saturday or Sunday.
Labour Code Art.95

» Exceptions

Another day may be fixed upon agreement between the parties or after the authorisation of the Regional Governor when the necessity of the work so requires.

The weekly rest day may be granted on a rota basis to certain listed categories of establishments, such as hotel and catering establishments, tobacco and flower shops, medical establishments, newspapers, and transport firms.
Labour Code Art.95, art.96

Special categories


» Young workers

The exception from the weekly rest period in case of urgency or the possible reduction to one half for certain categories of employees is not applicable to male young workers aged less than 16 years and female young workers less than 20 years.
Labour Code Art.98, art.99

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

All workers shall justify the performance of at least 1 month of work.
Labour Code Art.113

Duration


» General

All workers shall perform at least 1 month of work during the reference year to be entitled to enjoy 1 day of leave per month with a total duration not exceeding 15 days, of which 12 will be working days.

Workers are entitled to additional leave days as follows; 1 day yearly for every 5 years of work with the same employer to a maximum of 18 days.
Labour Code Art.113-115
Historical data (year indicates year of data collection)
  • 2009: 1 day per month to a maximum of 15 days, of which 12 must be weekdays. Workers are entitled to additional leave days: 1 day yearly for every 5 years of work with the same employer to a maximum of 18 days.
  • 2007: 1 day per month to a maximum of 15 days, of which 12 must be weekdays. Periods of 26 weekdays are considered as 1 month of work for the purpose of calculating paid leave periods, which include paid leave periods, maternity leave and occupational injury leave of up to 1 year. Workers are entitled to additional leave days: 1 day yearly for every 5 years of work with the same employer to a maximum of 18 days.
  • 1995: 12 working days.

Payment


» Amount

Workers are entitled to enjoy benefits during the annual leave, the normal wages that they would perceive plus other indemnities calculated on the period considered for the appreciation of the right to leave.
Labour Code Art.119

Schedule and splitting

The leave period should be taken between 1st June and 31 October or may take place in another period as determined by collective or individual agreement or by the employer when worker needs so necessitate and after having consulted the enterprise committee or shop stewards. Paid leave that is not in excess of 6 weekdays must be continuous. Leave periods above 6 weekdays may be divided by the employer, one of which has to amount to 6 days between 2 weekly rest days.
Labour Code Art.117, 118

Special categories


» Young workers

Young workers under 18 years old are entitled to 2 days per month to a maximum of 30 days of which 24 are working days.
Young workers between 18 and 20 years old are entitled to 1.5 days per month and a maximum of 22 days of which 18 are working days.
Labour Code Art.113

PUBLIC HOLIDAYS


Number and dates

6 days: March 20th, May 1st, July 25th, November 7th, the day of Aid El Fitr and the day of the Aid El Idha.

However, civil servants are entitled to 14 days; Ras el am el Hajri (one day), Le Mouled (one day), Aid El Fitr (two days), Aid El Idha (two days), New Year; 1st of January (one day), Independence Day; March 20th (one day), Youth Day; March 21st (one day), Martyrs Day; April 9th(one day), Labour Day; May 1st (one day); Republic Day; July 25th (one day), Women and Family Day; August 13th (one day), Conmemoration of the November 7th Day; November 7th (one day).
Labour Code Art.445
Decree No.95-1085 Art.1

Work on Public Holidays


» Criteria

In establishments where activities must be continuous, workers employed during paid public holidays are entitled to premium pay equal to the amount of their wages.

Children under 18 years of age and women may not work in establishments whose activities must take place continuousy during public holidays.
Labour Code Art.109, 111

» Compensation

The rate of compensation is set in 200% of the normal salary.
Labour Code Art.109

PART-TIME WORK


General provisions

Part time work is considered the work performed which do not exceed 70% of the normal working hours.
Labour Code Art.94-2

Limits


Overtime work

Overtime working hours for part-time workers are those hours which exceeds the normal hours of work set in the contract.

The overtime hours of part-time workers must not exceed 1/3 of the working hours set in the contract, and the total number of hours must not exceed the normal hours of a full-time worker.
Labour Code Art.94-6

Schedule

The part-time work contract must be in written and indicate the qualification of the worker, the remuneration, the hours of work and how are scheduled weekly, monthly and annually.
Labour Code Art.94-3

Annual leave

The salary and indemnities during the annual leave to which the employee is entitled are proportional to the number of hours worked.
Labour Code Art.94-5

Right to equal treatment


Right/scope

Part-time workers are entitled to the same rights and obligations as full-time workers. Wages, annual paid leave, public holidays and maternity leave of part-time workers must be proportional to those of full-time workers.
Labour Code Art.94-4,94-5, 94-12

NIGHT WORK


Special categories


Young workers

Young workers under 14 years of age may not work during a period of at least 14 consecutive hours that comprise the period between 8:00 pm and 8:00 am. In case of young workers between 14 and 18 years old they may not work during a period of at least 12 consecutive hours that must comprise the period between 10:00 pm and 6:00 am.
Labour Code Art.65, art.66

Women

Women may not work during a period of at least 12 consecutive hours that must comprise the period between 10:00 pm and 6:00 am.
Labour Code Art.66

ON-CALL WORK


Limits


Weekly limit

The weekly limit of "présence fixée", foreseen in a Decree of the Ministry of Social Affairs, can amount for certain enterprises or certain categories of workers up to 64 hours maximum, in order to take into account interruptions or the nature of the work.
Labour Code Art.82

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

Full-time workers have priority for vacant part-time posts for which the same vocational qualifications and skills are required.
Labour Code Art.94-9

Limitations

Children between 14 and 18 years old and women may not work during a period of at least 12 consecutive hours that must comprise the period between 10:00 pm and 6:00 am.
Labour Code Art.94-9

Reasons for request


Carers

Full-time workers who have transferred to part-time work due to maternity or to care for a child under 6 years of age or a disabled family member, are entitled to return to a full-time position where a job vacancy corresponds to their vocational qualifications.
Labour Code Art.94-10

INFORMATION & CONSULTATION


Information

In all establishments, the schedules of the working hours needs to be posted visibly at the workplace.
Labour Code Art.85

Results generated on: 23rd October 2014 at 08:43:11.
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