Law No. 2025-9: the end of labour subcontracting and the primacy of the open-ended contract

What does Law No. 2025-9 change for employment contracts?

The default is reversed. Under article 6, paragraph 2, of the amended Labour Code, an employment contract « is deemed to be concluded for an indefinite term ». The open-ended contract becomes the ordinary form; the fixed-term contract is the exception, and must be justified.

The burden shifts for employers: it is no longer for the employee to challenge precarious status, but for the company to show that it fell within one of the cases where a fixed-term contract remains permitted.

In which cases is a fixed-term contract still possible?

Article 6, paragraph 4, lists three exceptional situations:

An unforeseeable and temporary increase in work or services;
Temporary replacement of an absent permanent employee, or one whose contract is suspended;
Seasonal work, or activities that cannot be performed under an open-ended contract by custom or by their nature.

Outside these three situations, using a fixed-term contract is irregular — and the contract is analysed as open-ended.

What are the penalties for irregular use of a fixed-term contract?

Unlawful recourse to a fixed-term contract carries a fine of 100 to 300 dinars per employee concerned, subject to an overall cap of 10,000 dinars.

The direct financial risk is therefore not the heaviest one: it is reclassification as an open-ended contract and its consequences — seniority, dismissal procedure, severance — that genuinely weigh on the company.

What does the ban on labour subcontracting mean in practice?

The law imposes a total prohibition on recourse to labour subcontracting (المناولة). The intent is not to regulate the practice but to abolish it.

The decisive line is now between the supply of labour — henceforth prohibited — and the contract for services, under which a provider performs a defined task with its own resources and under its own direction. Most of the litigation to come will be fought on that line.

What employers should check now

Review every fixed-term contract in force and confirm it falls within one of the three cases in article 6(4).
Re-examine every agreement with a staffing or labour-supply company.
For outsourced services that are retained, verify that the arrangement is a genuine contract for services: defined deliverable, own resources, autonomous direction.
Record the grounds for using a fixed-term contract in the contract itself — that written trace is what will be argued before the court.

Frequently asked questions

Are fixed-term contracts abolished in Tunisia under Law No. 2025-9?

No, but they become the exception. An employment contract is deemed to be concluded for an indefinite term, and a fixed-term contract is admitted only in three cases: an unforeseeable and temporary increase in activity, temporary replacement of a permanent employee, and seasonal work or work incompatible by nature with an open-ended contract.

What is the penalty for unlawful use of a fixed-term contract in Tunisia?

A fine of 100 to 300 dinars per employee concerned, capped at 10,000 dinars in total, in addition to the risk of the contract being reclassified as open-ended.

Is all subcontracting prohibited in Tunisia?

Law No. 2025-9 prohibits labour subcontracting, that is, the supply of personnel. A contract for services, under which a provider performs a defined task with its own resources and under its own direction, is governed by a distinct regime.

When did Law No. 2025-9 come into force?

It was adopted on 21 May 2025 and published in the Official Gazette of the Republic of Tunisia of 23 May 2025.

Sources

This article provides general legal information, current as of 19 August 2026. It is not legal advice and does not replace an assessment of your specific situation. Only the texts published in the Official Gazette of the Republic of Tunisia are authoritative.