Official Journal of the Tunisian Republic Publishes New Regulations
The Official Journal of the Tunisian Republic published on Tuesday the conditions, modalities, and procedures for the application of Chapter 30 of the Labor Code. These provisions stem from Law No. 9 of 2025, dated May 21, 2025, related to the organization of employment contracts and the prevention of subcontracting.
Key Provisions
The first chapter stipulates that any company providing services or performing work, in accordance with the provisions of Chapter 30 of the Labor Code, must subscribe to a financial guarantee from a bank or financial institution. This subscription must be made within a period not exceeding three days from the date of signing the service or work contract with the beneficiary company. The financial guarantee must remain valid for the entire duration of the contract.
Financial Guarantee Amount
The second chapter specifies that the amount of the financial guarantee is set at 20% of the total value of the service or work contract.
Purpose of the Financial Guarantee
The third chapter clarifies that the amount of the financial guarantee is intended to cover debts owed to the employees of the service provider company if the latter fails to pay them within a period of seven days from their due date, or in case of late payment. Employee debts include the total or partial amount of sums due to them during the period of service provision or work performance, including salaries provided for in Chapter 134 of the Labor Code and social security contributions in force.
Certification and Payment Obligations
According to the fourth chapter, the service provider company must immediately provide the beneficiary company with a copy of the certificate of the financial guarantee mentioned in the first chapter of this decision.
Consequences of Non-Payment
In the event of the service provider company's failure to pay the debts defined in Chapter 3 of this decision, the beneficiary company must pay the total amount due to the concerned employees. It can then oppose the bank or financial institution holding the guarantee to substitute itself for the service provider company, becoming its creditor.
