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Tunisia - Maternity protection - 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

Act No. 60/30 respecting the organization of social security schemes, dated 14 December 1960 (Journal Officiel, No. 57, 13-16 December 1960, p. 1602), as amended up to Law No. 2007-51 du 23 juillet 2007 (Journal officiel, 2007-07-27, n° 60, p. 2581)

Name of Act

Act No. 81-6 to organize social security schemes in agriculture, dated 12 February 1981 (Journal Officiel, No. 9, 13 February 1981, p. 265), as amended up to Law n° 2007-43 of 25 June 2007 (Journal officiel de la République tunisienne, 2007-06-26).

Name of Act

Act No. 83-112 concerning general statutes for employees of the State, local government and public administrative bodies, dated 12 December 1983 (Journal Officiel, No. 82, 13-16 December 1983, p. 3214), as amended up to Act No. 97-83, dated 20 December 1997 (Journal Officiel, No. 103, 26 December, 1997)

Name of Act

Decree No. 86-433 concerning the protection against ionizing radiations, dated 28 January 1984 (Journal officiel, 1986-04-11, No 24, pp. 492-497).

Name of Act

Act No. 2006-58 introducing a special regime for part-time work for mothers while maintaining 2/3 of the salary, dated 28 July 2006.

Name of Act

Decree No. 2006-3230 of fixing the procedure and the modalities of application of the special regime for part-time work for mothers while maintaining 2/3 of the salary, dated 12 December 2006.

Name of Act

Act No. 2008-35, dated 9 June 2008, stating the ratification of the Republic of Tunisia of the Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

Other source used

MATERNITY LEAVE


Scope

Maternity protection under the Labour Code covers women employed in undertakings engaged in industry, commerce and agriculture, whether public or private, denominational or non-denominational as well in the liberal professions, women working in handicraft establishments, cooperatives, non-trading corporations and trade unions and associations of any kind. Women employed in family undertakings are excluded. Female civil servants are covered by separate legislation
Labour Code Art.1,64
Act No. 83-112 Art.1, 48

Qualifying conditions

Production of a medical certificate.
Labour Code Art.64(a)
Act No. 83-112 Art.48

Duration


General total duration

30 days. Female civil servants are entitled to two months of maternity leave. They may also take up to four month of postnatal leave after the expiry of maternity leave (optional maternity leave)
Labour Code Art.64(a)
Act No. 83-112 Art.48
Historical data (year indicates year of data collection)
  • 2009: Thirty days. Female civil servants are entitled to two months of maternity leave. They may also take up to four month of postnatal leave after the expiry of maternity leave (optional maternity leave)
  • 2004: Thirty days
  • 1998: Thirty days
  • 1994: Thirty days

Leave in case of illness or complications

Female workers are entitled to 15 days due to sickness as a result of pregnancy or confinement. A medical certificate is required.
Labour Code Art.64(a)

RELATED TYPES OF LEAVE


Paternity leave


Scope

Male employees in the public and in the private sector.
Labour Code Art.122
Act No. 83-112 Art.40(4)

Length

The husband employee in the private sector is entitled to enjoy 1 day of leave at each birth to be taken within 7 days following the birth. Civil servants are entitled to enjoy 2 days of leave after the date of the confinement, to be taken within 10 following days.
Labour Code Art.122
Act No. 83-112 Art.40(4)

RIGHT TO PART-TIME WORK


General provisions

The Labour Code states that full-time workers who have changed to part-time, for reasons of pregnancy or the need to take care of a child under 6 years, have the right to be reinstalled into a full time position in the event of vacancy corresponding to their qualifications. Therefore it seems to appear this right for the workers covered by the provisions of the Labour Code although no expressly stated.

However, part-time work in connection with maternity is foreseen for mothers working in the public sector, following an application in writing. The application is subject to the approval of a technical commission, based under the Prime Minister.
Labour Code Art.94-10
Decree No. 2006-3230 Art.3, art.4
Act No. 2006-58 Art.2

Length

Mothers in the public sector may work half the time of full-time employees, receiving 2/3 of their normal income. This is foreseen for 3 years, twice renewable, up to the child`s 16th birthday. This time limit does not apply for mothers of handicapped children.
Act No. 2006-58 Art.3
Decree No. 2006-3230 Art.2

CASH BENEFITS


Maternity leave benefits


Scope

The "Act No. 60/30 respecting the organization of social security schemes" covers women employed by industrial and commercial establishments, in the liberal professions, in cooperatives, non-commercial societies, trade unions and associations, and certain categories of agricultural undertakings. The "Act No. 81-6 to organize social security schemes in agriculture" covers women workers and members of cooperatives engaged in activities that are deemed to be agricultural activities within the meaning of the Labour Code.
Act No. 60/30 respecting the organization of social security schemes Art.34
Act No. 81-6 to organize social security schemes in agriculture Art.2

Qualifying conditions

Under the "Act No. 60/30 respecting the organization of social security schemes", women who have at least 80 days of contributions during the four calendar quarters preceding that in which the birth takes place are eligible to the cash benefit. Under the "Act No. 81-6 to organize social security schemes in agriculture" women who have made contributions for at least two quarters in the course of the four quarters preceding that in which confinement occurs are eligible to the cash benefit
Act No. 60/30 respecting the organization of social security schemes Art.78
Act No. 81-6 to organize social security schemes in agriculture Art.31

Duration

For women covered by the Labour Code the benefit is paid for the period of maternity leave (30 days) and any extension thereof on medical grounds. For civil servants, benefits are also paid during the optional period of additional postnatal leave (up to 4 months).
Act No. 60/30 respecting the organization of social security schemes Art.79, 82
Act No. 81-6 to organize social security schemes in agriculture Art.30, 32, 35
Act No. 83-112 Art.48

Amount

For women covered by the Labour Code the amount is two-thirds (66.7%) of the average daily wage. For women working in agriculture, it amounts to 50 per cent of the flat-rate daily wage calculated on the basis of the guaranteed minimum wage in agriculture. For civil servants, the full salary is paid during maternity leave, and half-salary during the optional period of additional postnatal leave.
Act No. 60/30 respecting the organization of social security schemes Art. 79 and 82
Act No. 81-6 to organize social security schemes in agriculture Art.30, 32 and 35
Act No. 83-112 Art.48
ISSA Social Security Report of Tunisia 2009
Historical data (year indicates year of data collection)
  • 2009: For women covered by the Labour Code the amount is two-thirds of the average daily wage. For women working in agriculture, it amounts to 50 per cent of the flat-rate daily wage calculated on the basis of the guaranteed minimum wage in agriculture. For civil servants, the full salary is paid during maternity leave, and half-salary during the optional period of additional postnatal leave.
  • 2004: Two-thirds
  • 1998: Two-thirds
  • 1994: Two-thirds

Financing of benefits

National Social Security Fund
Act No. 60/30 respecting the organization of social security schemes Art.51
Act No. 81-6 to organize social security schemes in agriculture Art.1
Historical data (year indicates year of data collection)
  • 2009: National Social Security Fund
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Paternity leave benefits


Scope

All workes of any institution of industry, commerce, agriculture and their dependencies of any kind, whether public or private, religious or secular, even if they have a professional or charitable, are entitled to paternity benefits.
Labour Code Art.1,122

Qualifying conditions

The leave must be taken after agreement between the employer and the employee.
Labour Code Art.122

Duration

The worker is entitled to get one day payment for the day that he is entitled to leave.
Labour Code Art.122

Amount

The worker is entitled to receive the 100% of the normal remuneration.
Labour Code Art.122

Financing of benefits

The benefits are advanced ​by the employer immediately following the expiration of the leave and afterwards refunded by the National Social Security Fund.
Labour Code Art.122

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Under the Labour Code, women who breastfeed have the right to two 30-minute paid breaks until the child’s first birthday.
Labour Code Art.64

Remuneration of nursing breaks

Nursing breaks are counted as working hours and does not imply a reduction in pay.
Labour Code Art.64

Transfer to another post

The Labour Code states that full-time pregnant workers who have changed to part-time positions, for reasons of pregnancy or the need to take care of a child under 6 years, have the right to be reinstalled into a full time position in the event of vacancy corresponding to their qualifications.
Labour Code Art.94-10

Nursing facilities

A special nursing room must be provided in establishments employing 50 women or more.
Labour Code Art.64

HEALTH PROTECTION


Arrangement of working time


Night work

For a period of at least 16 weeks before and after confinement, women should not work between 22:00 and 6:00. This prohibition also applies during other periods of pregnancy and after confinement, if the woman produces a medical certificate. Employment may not be terminated on these grounds. The chief labour inspector may authorize night work, after medical advice, if the woman requests so in writing and when her health and that of her child are not endangered.
Labour Code Art.68 (3)-(4)

Dangerous or unhealthy work


Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

The Labour Code states the prohibition for all women from performing underground work, such as it is the work in mines.
Labour Code Art.77

» Work involving exposure to biological, chemical or physical agents

Pregnant workers shall not work under radiation exposure. Women on reproductive age may be exposed to uniform levels but not to exceptional levels of radiation, as far as practicable.
Decree No. 86-433 concerning the protection against ionizing radiations Art.15,20,32

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The Labour Code provides a general prohibition of discrimination between men and women.
In this sense, the Republic of Tunisia has ratified in 2008 the Protocol of the Convention on the Elimination of All Forms of Discrimination Against Women.
Labour Code Art.5bis
Act No. 2008-35 Sole Article

Protection from discriminatory dismissal

An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence.
Labour Code Art.20

Guaranteed right to return to work

Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement
Labour Code Art.20

Results generated on: 25th October 2014 at 17:17:48.
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