Expert Calls for Gradual Reform of Tunisia's Labor Code
Dr. Hafedh Lamouri, a renowned labor law expert and former Minister of Employment, has dismissed the idea of a radical overhaul of Tunisia's Labor Code. In an interview with Express FM, he advocated for a reform-by-theme approach, focusing on key areas such as telecommuting, combating harassment, recognizing freelancers, and adapting social protection systems.
A Delicate Legislative Operation
Lamouri emphasized that a complete and radical revision of the Labor Code is impossible, as it is a complex and delicate legislative operation. The code, which dates back to 1966, is a blend of economic and social provisions that require a progressive approach, examining each section individually rather than as a whole.
Obsolete Provisions and Linguistic Contradictions
The expert pointed out that many provisions in the current code are outdated and no longer relevant to the country's economic and social reality. For instance, the obligation for employers to maintain registers is a theoretical requirement that is rarely enforced in practice. Additionally, contradictions between the French and Arabic versions of the code, such as those related to parental leave and long-term illness, are a source of concern.
Telecommuting and Artificial Intelligence: A Legal Vacuum
Tunisia lacks a regulatory framework for telecommuting, a practice that has become widespread since the COVID-19 pandemic. Lamouri stressed that the existing text only applies to the public sector and has been largely ignored. As a result, individuals working remotely operate in a complete legal vacuum, a situation deemed unacceptable by the expert.
A Flexible Framework for Telecommuting
Lamouri advocated for the creation of a flexible regulatory framework for telecommuting, establishing general principles and social public order while allowing companies to negotiate specific agreements. The expert also highlighted the need for a regulatory framework to address the impact of artificial intelligence, which he considers the most significant revolution in human history.
Combating Harassment and Toxic Work Environments
The Labor Code should explicitly address the issue of harassment in the workplace, according to Lamouri. While the penal code and the law on women's protection already provide some protection, a specific provision in the code is needed to address the unique aspects of workplace harassment. The expert also emphasized the importance of considering the concept of toxic work environments or management.
Freelancing and Flexicurity: Adapting to New Forms of Work
The rise of freelancing and digital nomadism has created a complete legal vacuum for independent workers, who lack social protection and recognition. Lamouri proposed an approach inspired by flexicurity, which balances flexibility for employers with security for employees. The expert cited the example of permanent seasonal contracts, which provide stability while preserving flexibility.
Social Protection and the New Forms of Work
Only 25-30% of Tunisian workers benefit from effective social protection, and many employees are underreported or declared at a lower income than they actually earn. The expert emphasized the need for urgent adaptation of social protection systems to address the new forms of work, such as telecommuting and freelancing, to prevent these workers from being excluded from protection.
Balancing Employee Rights and Economic Attractiveness
The future revision of the Labor Code will likely face a dilemma between protecting employees' rights and attracting investment. Lamouri acknowledged that the law 25 of 2025 is perceived as too protective of employees, but emphasized that labor law has historically had a protective vocation. However, the expert warned that overprotecting employees could deter investment, as neighboring countries offer greater flexibility.
