Hiring in Tunisia

The contract sets out role, salary in TND, working hours, leave, notice and any restrictive covenants. The EOR is the counterparty to the employee, which is what removes the need for your own entity.

Arabic is the official legal language, but French is the working language for most commercial roles. If the contract is bilingual, confirm which version prevails.

Fixed-term contracts are now limited to defined cases such as replacing an absent worker or a temporary rise in workload, and one used outside them converts to an indefinite contract. The same law made labour subcontracting a criminal offence, so ask the EOR how its model is structured against that ban.

Set probation from day one. It can be renewed once only, and someone who previously failed probation cannot be rehired on a fresh one.

Some EORs shorten probation as policy because they, not you, carry the dismissal risk. Ask before you agree a start date.

On a 48-hour regime, overtime is paid at 1.75 times the hourly rate. On a 40-hour regime, hours up to 48 attract a 25% premium and hours beyond that 50%, with total working time capped at 60 hours a week.

Confirm which regime the contract sits under, because the overtime cost changes with it. Put the position in writing either way.

Sector collective agreements often improve on the statutory floor, and not every public holiday is paid by law, so check which agreement applies when you budget.

Sick pay is largely funded by social security after a short waiting period. Maternity leave runs to three months and is state funded, while 7 days of paternity leave fall on the employer, so confirm which side the EOR carries.

Statutory severance is one day's pay per month of service, capped at three months' pay, and is not due for gross misconduct. Economic dismissals go through the labour inspectorate first, with a dismissals control commission giving its opinion if conciliation fails.

The EOR runs the process as the legal employer and will want the paperwork in order, including final pay, unused leave and the disciplinary file. Unfair dismissal damages run at one to two months' pay per year of service, so keep a documented reason.

Private top-up medical cover and group life are common for professional roles even though they are not mandatory.

EORs often bundle benefits through a group scheme. Ask what is included in the fee and what is billed on top.

Employer charges add roughly 20.5% to 21% on top of gross salary: CNSS at 17.07%, plus the TFP and FOPROLOS levies and workplace accident cover. That is before the EOR fee.

Currency control is the trap. The dinar is not freely convertible, so salaries have to be paid through local payroll in TND while you fund the EOR in your own currency. Check the exchange rate and any FX margin on every invoice.

Ask whether the EOR sponsors directly or refers to a partner. A partner-model EOR may not be able to sponsor at all, and the ministry assesses the sponsoring entity, not you. Foreign work contracts are typically limited to one year, with each renewal going back to the ministry, and the employee also needs a residence card.

Set start dates after approval, not before.

Get the data processing terms in the service agreement, not just the privacy notice. Processing must be declared to the INPDP, the national regulator, and transfers abroad need its prior authorisation.

Ask where payroll data is hosted and who in the partner chain can see it.

Incorporation is cheap, with a SARL needing only TND 1,000 of capital and full foreign ownership allowed in most sectors. The running cost is the point: accounting, audit thresholds, CNSS and tax filings, and banking under currency controls set an annual floor.

Permanent establishment risk is about what people do, not where payroll sits. Revenue-generating activity can create exposure regardless of the employment route.