The bill on the organization of work contracts and the elimination of subcontracting stipulates that fixed-term contracts are limited to three exceptional cases, Minister of Social Affairs, Issam Lahmar, stated recently.
These include work requiring an unusual increase in workload, the temporary replacement of a permanent employee, and seasonal work that, by their nature or common practice, cannot be covered by indefinite-term contracts.
During a hearing before the Health, Women’s Affairs, Social Affairs, and Disability Committee of the Assembly of People’s Representatives (ARP), the minister recalled that fixed-term contracts are already provided for in the Labor Code and cover seasonal work or tasks requiring an unusual surge in workload.
“The proposed amendment is significant and primarily focuses on mandating indefinite-term contracts while restricting fixed-term contracts to a few exceptions,” he noted.
The minister clarified that labor subcontracting is now criminalized, except for services and tasks specified under Article 30 (new) of the Labor Code.
Penalties including possible prison sentences
MP Raouf Fekiri stated that the Health and Social Affairs Committee approved the bill on work contract organization and the prohibition of subcontracting.
During his appearance on Express FM on Friday, May 16, he explained that one of the key changes in the bill is the explicit ban on subcontracting in the security and cleaning sectors, where this practice is most prevalent.
The MP elaborated that the bill mandates the direct hiring of security and cleaning personnel by companies.
He added that a fine of 10,000 dinars will be imposed on anyone deliberately resorting to subcontracting, with a prison sentence of 3 to 6 months in case of repeat offenses.
Fekiri also noted that the law prohibits fixed-term contracts except in three exceptional cases, allowing for a probation period not exceeding six months, renewable only once for the same duration.
The amendments also include an addition to Article 6 of the transitional provisions, covering employees dismissed from March 14, the date the bill was submitted to the ARP.
“Employees dismissed from March 14 onward will be considered full-fledged permanent employees under Article 6 of the transitional provisions,” he pointed out.
The MP further explained that other amendments specify exceptions allowing fixed-term contracts, particularly for seasonal work in tourism and agriculture.
Bill sent to plenary session for May 20
It should be noted that the ARP Bureau, meeting on Thursday, decided to submit the bill on work contract organization and the ban on subcontracting to the plenary session scheduled for Tuesday, May 20.
Recall that President Kaïs Saïed recently chaired a Council of Ministers meeting that reviewed this bill amending certain provisions of the Labor Code.
Among other things, the text aims to ban and criminalize subcontracting while protecting the rights of workers whose fixed-term contracts were terminated, as well as those whose contracts were canceled from March 6, 2024, to prevent them from benefiting from the new provisions first announced by the president on that date.
The head of state asserted that this practice “must cease to exist” and “die out like certain savage species in history,” adding that employers “who believed themselves above the law and dismissed contract workers to evade the new legal provisions will face criminal penalties.”
On March 6, 2024, Saïed had already called for amending the Labor Code to end subcontracting in the private sector, which he described as “human trafficking” and “the trade of poor and needy workers’ labor.”
To illustrate his point, he denounced pay disparities between subcontracting firms and their employees, citing a case where a company charged 1,410 dinars per contract, while the workers received only 570 dinars.
