Bridging Gaps: Tunisia’s New Law on Parental Benefits

Tunisia has one of the oldest social protection systems in the Arab world. In the mid-fifties of the last century, the country adopted one of the most progressive policies in the region in terms of gender equality and women's liberation. However, Tunisia has long been criticized for its limited maternity leave policy, particularly for women in the private sector, where the length of leave and financial compensation were among the lowest in both the Arab region and Africa. Previously, mothers in the private sector were only entitled to four weeks maternity leave[1]. This short period was well below the minimum standard set by the International Labour Organization (ILO) in the Maternity Protection Convention, 2000 (No. 183)[2], which provides for a minimum of 14 weeks' maternity leave at two-thirds pay. Previous Tunisian legislation also failed to recognise the role of fathers during childbirth, with fathers in the private sector receiving only one day's leave and fathers in the public sector receiving only two days. This disparity in leave arrangements has long been an issue, contributing to gender inequality and inadequate social protection in Tunisia.

The Adoption of Tunisia’s 2024 Parental Leave Law

On 12 August 2024, the Tunisian Parliament passed Law No. 44[3], introducing significant updates to maternity and paternity leave in both the public and private sectors. This reform is a crucial step towards establishing equal and comprehensive leave rights for employees, addressing maternity and paternity leave with a focus on social justice, gender equality and family support. The main objective is to ensure that all workers, whether in the public or private sector, benefit from equitable leave provisions, while protecting job security and promoting family well-being. The law reflects Tunisia's broader push towards social reform, with an emphasis on strengthening social protection systems, aligning national policies with international standards and supporting family dynamics.

Key Provisions and Sectoral Differences

Maternity leave: Under the new law, mothers in both the private and public sectors are entitled to maternity leave, covering both the pre- and post-natal periods. This includes a maximum of 15 days before the birth and three months after the birth, with an extension to four months in the case of multiple births, children with disabilities or other special circumstances. In addition, the law grants mothers the right to breastfeeding breaks for up to one year after returning to work to ensure a balance between work and childcare responsibilities. Although the length of leave has been equalised in both sectors, unlike under the old scheme, the inequalities in pay remain. While mothers working in the public sector are entitled to their full salary during this period, mothers working in the private sector receive an allowance determined by social security regulations instead of their full salary. The allowance is two-thirds of the average daily wage[4], capped at twice the minimum wage, with no employer contribution. This disparity highlights the persistent financial disparities between the public and private sectors, which remain a critical issue in Tunisia's social protection system. Maternity allowance in the private sector is minimal, leaving many women financially vulnerable at a crucial time. The reform aims to improve this situation, but the allowance still falls short of the comprehensive wage coverage provided to public sector employees. The requirement to apply for the allowance within one month of childbirth adds another layer of administration that can be burdensome for mothers navigating the postpartum period.

Paternity leave: One of the most notable improvements under the new law is the extension of paternity leave. Fathers in both the public and private sectors are now entitled to seven days' leave, which can be extended to 10 days in the case of multiple births, children with disabilities or other special situations. While this is a significant improvement on the previous entitlement of one or two days, the differences in pay remain. Fathers in the public sector receive their full salary during this leave, while fathers in the private sector receive an allowance that is less generous. The extension of paternity leave is in line with global trends towards more inclusive family policies, recognising the importance of fathers' involvement in early childcare.

Law No. 44 of 2024 is part of Tunisia's broader efforts to reform its social protection system. The inclusion of equitable parental leave within this legal framework represents a shift towards addressing long-standing inequalities and improving social welfare. By aligning itself more closely with international standards, Tunisia is working to modernise its social protection mechanisms to ensure that both men and women can balance work and family responsibilities without jeopardising their financial security or career prospects. However, the successful implementation of these reforms will depend heavily on effective enforcement, particularly in the private sector, where there has already been resistance to increased leave provisions due to the perceived financial burden.

Job Protection and Non-Discrimination:

A key element of Law No. 44 is the guarantee of job protection during maternity, paternity and breastfeeding leave. The law explicitly prohibits the dismissal or punishment of workers on the grounds of pregnancy or childbirth. Employees in both the public and private sectors are guaranteed to retain their career advancement, promotion and retirement rights during these leave periods. This protection is crucial in fostering an environment where workers, especially women, do not have to choose between career advancement and starting or growing a family.

Financing Contributory Parental Benefits Programmes:

Contributory parental leave programs are essential for advancing gender equity and economic justice. In countries like Sweden and Iceland, parental leave is funded through employer and employee contributions, ensuring shared responsibility. However, these programs must go beyond the public sector. The private sector should play a crucial role, not only as contributors but as active supporters of employees' well-being, avoiding an extractive approach to human resources. The recently adopted legislation in Tunisia demonstrates a limited role for the private sector. This law fails to facilitate constructive social dialogue, which ultimately disadvantages women and families in the private sector. The objective of the government is to enhance the profitability of employers, rather than to support the well-being of their employees.

Conclusion

Law No. 44 of 2024 marks a significant step forward in Tunisia's pursuit of social justice and gender equality by addressing disparities in parental leave between the public and private sectors. However, while the law seeks to harmonise leave entitlements, key challenges remain in bridging the financial gaps that persist between these sectors. The differences in leave pay indicate that further reforms are needed to fully achieve the objectives of the law through social dialogue with the private sector. Moreover, private sector concerns about the financial burden of compliance highlight the need for supportive measures such as government subsidies or tax incentives. Without these, the intended equality may remain elusive, perpetuating the inequalities the law seeks to address. While the recognition of the father's role in childcare is a positive development, the provision of only seven days of paternity leave is still insufficient and places the majority of care responsibilities on women. This perpetuates traditional gender roles and undermines the goal of shared parental responsibility. Law No. 44 is an essential part of Tunisia's broader social protection reforms aimed at promoting a more inclusive and equitable society. However, continued monitoring, enforcement and adjustments are crucial, particularly to address the financial imbalances that could hinder equitable implementation. The success of this law will be a crucial test of Tunisia's commitment to social justice, gender equality and the well-being of families in the coming years.

[1]https://www.ilo.org/sites/default/files/wcmsp5/groups/public/@dgreports/@dcomm/@publ/documents/publication/wcms_242615.pdf

[2]https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB%3A12100%3A0%3A%3ANO%3A%3AP12100_ILO_CODE%3AC183 

[3]http://www.iort.gov.tn/WD120AWP/WD120Awp.exe/CTX_3344-4-UeRnnnrhKR/RechercheTexte/SYNC_-778993870

[4]https://www.cleiss.fr/docs/regimes/regime_tunisie_salaries.html#:~:text=Elles%20sont%20%C3%A9gales%20aux%202,suit%20la%20date%20d'accouchement.