Work permit process in Tunisia

1. Work permit' lead Time

10 days at least.

2. Process

The Company or its legal counsel shall submit the file with all the documents at the Ministry of Employment.

3. Documentary requirements

Please find herein after the check-list of the documentary requirements.

Documents related to the employee

- 4 originals of the foreigner work contract application to be completed by the parties (# Attachment N°1);

- 4 photography;

- copy of the employees' passport;

- Professional references (CV, copies Certified against original diplomas and Work certificates in Arabic or French);

- copy of the residency permit for employees who have previously been resident in Tunisia;

- two one (01) Tunisian dinar tax stamps.

Documents related to the Company

- copy of the attestation of investment declaration or of the merchant’s card;

- The extract from the Trade Registry;

- copy of the declaration that a company exists and of the tax identification card;

- copy of the notice for publication in the Official Journal of the Tunisian Republic (JORT) concerning the Company incorporation;

- copy of the company’s articles of association;

- copy of the nominative document of employees issued by the national social security authority (CNSS), with copy of the payment receipt;

- attestation from the geographically relevant regional office of the Ministry of Employment (MEIPJ) justifying the absence of similar skills among Tunisian job seekers for the post in question

- certificate of secondment only if the employer is awarded a public market in Tunisia;

4. Possibility to convert a business visa to work permit

No legal requirement prevents the conversion of business visa (# Application form – Attached N°2) to work permit. However, the work permit and the transfer of business visa to a residence card shall be made during the visa validity; otherwise, the employee shall renew his business visa or leave the Tunisian territory for at least 24 hours and then return.

It shall be noted that many nationalities do not require an entry visa to the Tunisian territory[1]. For these cases, the stay in Tunisia shall not exceed three (03) months without interruption.

The work permit can be processed in parallel to the consultant being in Tunisia on a business visa.

5. Other specific details

It shall be noted that :

- The term of the foreign employee’s employment contract should not exceed one (1) year renewable only once, except specific legislative provisions or conventions concluded between Tunisia and foreign countries. However, the employment contract can be renewed for more than once when it concerns the employment of foreigners in their companies exerting in Tunisia in the framework of the realization of development projects approved by the competent authorities, as stated by article 258-2 of the Labor Code.

- Tunisian law provides that certain foreign employees are exempted from the visa of employment contract (i.e. work permit). The foreigners exempted from the work permit are listed as following:

· Foreigners having the quality of employer;

· Foreigners having the quality of Manager or Joint Manager;

· Foreign people working on behalf of an international organization or associations ;

· Moroccan and Algerian nationals (employers and salaries employees);

· Employees exerting under one of the regimes covering the following industry branches:

- wholly exporting companies aimed under article 18 of the law n° 93-120 of December 27, 1993 bearing promulgation of Incentives to the Investments Code : These companies are authorized to recruit agents of direction and framing of foreign nationality within the limit of four (04) people for each company;

- Companies installed in the Economic activities Parks (Economic Franchise ex-Zones) governed by the law n° 94-14 of January 31, 1994 : These companies are authorized, under the terms of article 24 of the aforesaid law, to recruit four (4) direction and framing staff of foreign nationality for each company. Beyond this limit, the companies must conform to the program of recruitment and tunisification approved beforehand by the Employment and Youth Professional Insertion Ministry;

- Banks and financial organisms aimed by the law n°85-108 of December 6, 1985 bearing encouragement of financial and banking organizations working primarily with the non-residents : These financial organisms and banking can appoint freely foreign supervisory staff. Notification of these recruitments must be made at the Central Bank of Tunisia “B.C.T.”.

- Oil companies exerting hydrocarbons prospection and research activities. These companies are authorized to freely recruit a supervisory staff of foreign nationality, according to articles 124 and 125 of Hydrocarbons Code;

- Companies, carrying on prospection, research and mining activities: These companies are authorized to recruit supervisory staff of foreign nationality, and this, after information of the Employment Ministry;

- Health establishments which the totality of their services are provided for the benefit of non resident.

In all the above mentioned cases, notification of recruitments carried out will have to be made to the Employment Ministry and Youth Professional Insertion which delivers, at request, a Certificate of non submission to the visa of the contract of employment.

Documents to be provided to obtain the certificate of non submission to the visa of foreigner labor contract are as follow:

· Declaration of recruitment of foreign executive officers (Specific pplication form);

· References of the foreign employees (diplomas, certificates of work, etc)

· Legal documents related to the constitution of the company ( Copy of the declaration submission’s certificate (API approval or APIA or CEPEX…), copy of the company’s tax identification card, copies of the bylaws and copies of the trade register);

· Copy of the passport’s first three pages;

· Last quarterly declaration of the CNSS;

· Two tax stamps of one (01) tunisian dianr each one.

· The recruitment declaration and the professional references are not necessary for the Manager, the Joint Manager and the Board of Directors Chairman.

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[1] Austria, Belgium, Finland, France, Germany, Greece, Italy, Luxembourg, The Netherlands, Portugal, Spain and Switzerland, Algeria (unlimited stay), Andorra, Antigua & Barbuda, Argentina, Bahrain, Barbados, Bermuda, Bosnia & Herzegovina, Brazil, Brunei, Bulgaria (two months max.), Chile, Côte d'Ivoire,Croatia, Dominica, Fiji, The Gambia Guinea, Honduras, Hong Kong (SAR), Iceland,Kiribati, Korea (Rep), Libya, Liechtenstein, Macedonia (Former Yugoslav Republic),Malaysia, Maldives, Mali, Mauritania, Mauritius,Monaco,Morocco (unlimited stay),Niger, Norway, Oman, Qatar, Romania, St Kitts & Nevis, St Lucia, San Marino, Senegal, Serbia & Montenegro, Seychelles, Solomon Island, Switzerland, Turkey and Vatican Cit.