COMPANY STRUCTURING VERSUS LABOR RELATIONS IN TUNISIAN LAW: (COMPARATIVE STUDY)

Abstract

The term corporate restructuring emerged in the 1980s in response to the need to continuously adapt to fierce economic competition and adapt to these developments in order to survive. However, restructuring is often feared for its social consequences. Despite the positive role it plays in the development of a company's activity, it cannot be envisioned without taking into account the consequences that it may entail. The restructuring process is usually accompanied by the implementation of a plan to lay off large numbers of workers. Therefore, most legislations seek to take into account the social dimension of restructuring, and it is necessary to recognize the legal implications of such processes on the individual and collective rights of workers. Restructuring processes may cause radical changes in the structure of employment contracts, both in terms of conditions and benefits provided to workers, and in terms of the nature of the legal relationship itself, which may affect the stability of workers and the continuation of the employment relationship. Those in charge of the restructuring process must develop a culture of flexible work and develop a culture that encourages cooperation and communication within the company. The importance of taking into account employment contracts during restructuring processes is demonstrated by achieving a balance between the interests of the company and its workers. These processes must be based on justice and transparency, taking into account workers’ rights and preserving their stability. Restructuring processes may require changes in employment contracts, and this requires dealing with these processes with sensitivity and respect for workers’ rights. These processes should include mechanisms to provide support and guidance to employees affected by the changes, while maintaining their dignity. Adapting employment contracts as part of restructuring processes emerges as an essential tool for consolidating companies’ relationships with their employees and creating a positive work environment that enhances productivity, innovation, and interaction between all parties.