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Coronavirus - FAQs on employment law - Tunisia

  • Tunisia
  • Africa
  • Employment law
  • Health and safety

02-04-2020

We are here for you

Considering the development of the pandemic COVID-19, our highly experienced team of fee earners and counsels remains committed to providing continued services for our clients during this period. Therefore, the use of communication facilities by way of telephone, email or web-based meeting app will be encouraged and fully facilitated.

Email addresses for individual attorneys can be found at: www.eversheds-sutherland.tn

How we can help?

Following the recent governmental decisions in Tunisia, this sanitary crisis became particularly critical for companies. It is now important to raise the right questions for your company’s needs. So, in order to help you, we have established a list of 10 frequently asked questions by our clients regarding the COVID-19 pandemic and labor law. If you are concerned by any of the below or if you require a legal assistance, don’t hesitate to contact us. If you have any other questions that you would like to raise, please flag them and one of our team members will be happy to provide her/his guidance.

1. If an employer determines that it needs to close a work site on a temporary basis and remote work is not possible (e.g. in a customer care or manufacturing context), what steps would it need to follow?

2. Is it possible to furlough employees (i.e. place on unpaid leave) for the duration of the closure of a work site, or are workers required to be paid during a temporary closure? What about benefits?

3. Does the analysis change if the government mandates that the employer close its facility due to a public health emergency (such as COVID-19) as compared to a voluntary closure?

4. Given the fact that the WHO has declared the current COVID-19 crisis a pandemic, do employers need to consider any special rules with respect to lay-offs or do the normal laws continue to apply?

5. Are there any special protections for employees that we should take into account as a result of the unique and exceptional situation other than the ones applicable under statutory law (e.g. protection for pregnant employees, etc.)?

6. Can an employer pay its employees late if they are shut down due to COVID-19?

7. Are you aware of any government stimulus (or other) programs that are available to employers and/or employees that we should be aware of?

8. Do employers have any obligations to consult with local employee representation on the COVID-19 situation or any actions contemplated as a response thereto?

9. If the employee has a fixed-term contract, does the employer needs to pay the employee’s remaining leave and salary during this COVID-19 pandemic?

10. The government has declared shutdown on March 22 for the non-priority sectors. However, which companies are authorized to work, under which conditions and procedures?

We want to assure you that regardless of the current situation and adjustments we have made for Covid-19, we will remain accessible and available to you. We appreciate our relationship with our clients and hope that you and your family stay safe and healthy during this challenging period.

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