Job Abandonment Bailiff Report in Tunisian Labour Law: Employer Procedure and Evidence

Direct Answer: How should an employer handle job abandonment in Tunisia?

In Tunisia, when an employee abandons their post or stops coming to work without a valid medical reason, the employer must never dismiss them on the spot without formal proof, or risk a wrongful dismissal ruling before the labour court (Conseil des Prud'hommes). The safe route is to instruct a judicial bailiff (huissier de justice), competent under Organic Law No. 2018-9 of 30 January 2018 (Article 13), to record the unjustified absence at the company's premises after checking the attendance register and time clock. The bailiff then serves a formal notice at the employee's home to return to work within 48 or 72 hours and provide supporting documents. If the employee has not returned by then, a second bailiff report establishes the termination of the employment contract as attributable to the employee, under the Labour Code (Article 14 et seq.). The bailiff's authentic report refutes any later claim that the employee was locked out or orally dismissed.

The procedure at a glance