of May 15, 1997
The labor code of the Republic of Tajikistan according to the Constitution of the Republic of Tajikistan determines bases of state policy in the sphere of employment relationships, establishes the state guarantees of labor rights of citizens and is aimed at ensuring compliance with legitimate interests of workers, employers and the state.
Legislative and other regulatory legal acts of the Republic of Tajikistan about work of the Republic of Tajikistan govern the employment and related relations of the physical persons working according to the employment contract (contract) at the companies in organizations and the organizations of all patterns of ownership, at certain citizens, and also persons which are members or members of the companies.
Sources of regulation of the employment and related relationships are:
1) Constitution of the Republic of Tajikistan;
2) This Code;
3) Laws of the Republic of Tajikistan;
4) Regulatory legal acts of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan, President of the Republic of Tajikistan, Government of the Republic of Tajikistan and local authorities of the government;
5) Acts - agreements: general, industry (tariff), territorial (regional, district, city) agreements;
6) Collective agreements and other local regulations about work (employment policies and procedures, leave schedules, and also orders, orders, the instructions, etc. published by the director within its competence).
7) the International legal acts recognized by the Republic of Tajikistan.
The minimum level of labor rights and guarantees for workers is established by legal and other regulatory legal acts about work.
General, industry (tariff), territorial (regional, district, city) agreements, collective agreements, employment contracts (contracts) can establish the labor rights and guarantees which are not provided by legal acts.
Conditions of the agreements and agreements worsening situation of workers in comparison with legal and other regulatory legal acts about work of the Republic of Tajikistan are not valid.
Conditions of agreements and agreements on work, cannot be changed unilaterally if other is not stipulated by the legislation the Republic of Tajikistan. The questions which are not settled by legal and other regulatory legal acts about work are solved by agreement of the parties agreements on work, and in case of not achievement of consent between them - according to the procedure, established respectively for permission of collective or individual employment disputes.
According to the Constitution of the Republic of Tajikistan everyone has right to work, choice of profession, works, labor protections and social protection from unemployment. The state guarantees to each worker the right on:
1) receipt of free professional orientation services, professional training, retraining and advanced training;
2) fair remuneration for work and its timely obtaining;
3) free assistance in matching of suitable work and employment according to calling, capabilities, professional training;
4) the working conditions meeting safety requirements and hygiene;
5) the rest provided by establishment of duration of working hours, the weekly days off, paid annual leave, short working day for number of professions and works;
6) participation in enterprise management;
7) provision of suitable work for at least three years to the young specialists declared by the companies - graduates of the state educational institutions;
8) compensation of material costs in connection with moving on the new residence and works according to the legislation of the Republic of Tajikistan;
9) compensation of the damage caused to his health or property in connection with work;
10) consolidation in labor unions and in other organizations representing the interests of workers and labor collectives;
12) protection of labor rights and qualified legal aid;
13) benefit on social insurance in case of temporary disability and in others, the cases established by the legislation of the Republic of Tajikistan;
14) protection against unemployment.
The worker shall:
1) it is fair to perform functions according to the employment contract (contract);
2) to observe labor and technological discipline;
3) to make thrifty use of property of the employer.
The employer has the right:
1) to manage the company and to make decisions within the powers;
2) to conclude and dissolve employment contracts (contracts);
3) to determine necessary for performance of work the number of workers;
4) to adopt within the powers the local regulations obligatory for employees of the companies;
5) to encourage workers for model high-productive work;
6) to demand from workers of accomplishment of employment policies and procedures, other rules and provisions, and also conditions of the employment contract. In case of violation (making of disciplinary act by the worker) to bring the workers who broke labor discipline to disciplinary responsibility;
To create 7) together with other employers public associations for protection of the professional interests and to enter such associations.
The employer shall:
1) to observe the Constitution of the Republic of Tajikistan, this Code and other regulatory legal acts, agreements on work, to provide normal working conditions to workers and observance at the company of rules and regulations of labor protection, safe engineering, production sanitation and fire-proof protection;
2) in case of execution of an employment agreement (contract) to inform the worker of the collective agreement and other local regulations of the company;
3) timely to make compensation of the worker;
To provide 4) to workers of means (equipment) and the materials necessary for performance of work.
The labor code extends to all workers.
Work of separate employee categories can have features depending on patterns of ownership of the company with which the worker consists in employment relationships, conditions and nature of work, nature of labor communication of the worker with the company, climatic conditions and other objective factors and is regulated separate legislative and regulatory legal acts of the Republic of Tajikistan. At the same time the general level of the labor rights and guarantees provided by this Code cannot decrease.
Regulations of this Code are also applied to homeworks of workers (home-workers) working for certain physical persons. Types of homeworks of workers (home-workers) working for certain physical persons are determined by the Government of the Republic of Tajikistan.
All citizens have equal opportunities in the sphere of employment legal relationship. Any distinctions, the non-admission or preference, refusal in employment made by sign, national identity, race, skin color, sex, age, religion, political convictions, the birthplaces, foreign origin or social origin leading to violation of equal opportunities in the field of work are forbidden.
Are not discrimination of distinction in the sphere of work, the caused requirements peculiar to this type of work or special care of the state of the persons needing the increased social protection (women, minors, disabled people).
Persons considering that they underwent to discrimination in the sphere of employment relationships can file the corresponding petition.
Forced labor is forbidden.
It is not considered forced labor:
1) the work required based on the legislation of the Republic of Tajikistan on military service;
2) the work required in the conditions of the force majeure threatening life, personal security or health of the population;
3) the work required owing to the court verdict which took legal effect and carried out under the supervision of the state bodies responsible for respecting the rule of law in case of accomplishment of adjudications. In this case the worker cannot be transferred to the order of individuals and private firms.
Protection of labor rights of workers is performed by supervision bodies and control of compliance with law of the Republic of Tajikistan about work, bodies for consideration of employment disputes and court.
State body on work and employment of the population of the Republic of Tajikistan and its territorial authorities exercise public administration by the sphere of work in the Republic of Tajikistan and bear responsibility for preparation, carrying out, coordination of policy in this sphere, including working condition and employment, employment relationships, training of workers, their labor migration.
If the international and legal acts recognized by the Republic of Tajikistan establish more preferential rules for workers in comparison with legislative and other regulatory legal acts about work of the Republic of Tajikistan, then rules of the international legal acts are applied.
The foreign citizens and persons without citizenship living in the Republic of Tajikistan can work as workers and employees at the companies, organizations and the organizations or to be engaged in other labor activity on the bases and according to the procedure, established for citizens of the Republic of Tajikistan, except as specified, stipulated by the legislation the Republic of Tajikistan.
The legislation on work of the Republic of Tajikistan extends to the persons who are not citizens of the Republic of Tajikistan, but working according to the employment contract (contract) at the companies located in the territory of the Republic of Tajikistan if other is not established by the legislation of the Republic of Tajikistan or the international treaty with participation of the Republic of Tajikistan.
At the companies belonging fully or partially to foreign legal entities and physical persons and located in the territory of the Republic of Tajikistan the legislation on work of the Republic of Tajikistan with amendments and withdrawals which can be established by legal and other regulatory legal acts of the Republic of Tajikistan is applied.
Calculation of terms with which this Code connects origin, change or the termination of employment legal relationship begins from the next day after calendar date which determines its beginning.
The terms estimated for years, months, weeks expire in the corresponding numbers of the last year, month or week of term. In time, estimated in calendar weeks or days, also non-working days join.
If the last day of term falls on non-working day, then the first working day following it is considered day of the termination of term.
Legislative and other regulatory legal acts about work have no retroactive force and are applied to the relations which arose after their introduction in action.
Action of legislative and other regulatory legal acts about work extends to the relation which arose before their introduction in action only in cases when it is directly stipulated by the legislation the Republic of Tajikistan.
If after the conclusion of the agreement the legal act establishing obligatory for the parties others is adopted than those which were effective in case of the conclusion of the agreement conditions of the signed agreement remain in force except cases when in the legal act it is determined that its action extends to the relations which arose from earlier signed agreements.
In this Code the following basic concepts are applied:
1) the local regulations adopted with the consent of representative body of workers by relevant organ of management of the organization - the regulatory legal acts governing the employment and related relations and operating within the organization;
2) the parties of the employment contract (contract) - the employer and hired employee;
3) the employer - relevant organ of the government, the legal entity, and also its representations and branches and physical person which by the legislation is granted the right of the conclusion and the termination of the employment contract (contract) with the worker;
4) hired employee (worker) the face consisting in employment relationships with the employer based on the signed employment contract (contract);
5) the authorized officer of the employer - the head (his deputies) of the organization (separate division), the master, the specialist or other worker who by the legislation or the employer is granted the right to make all or separate decisions following from the employment and related relationships;
6) the organization the legal entity - the company, organization, the organization, irrespective of patterns of ownership and economic activity;
7) division - the shop, the site, crew, department, management, and other not structural educations as a part of the organization;
8) social factors of labor activity - the amount of compensation, duration of working hours, leave and other conditions established by legislative and other regulatory legal acts, and also agreements of the parties;
9) production factors of labor activity - the technical, sanitary, hygienic, production and household and other conditions established by legislative and other regulatory legal acts;
10) working conditions - set of social and production factors in the course of labor activity;
11) essential working conditions - system and the amount of compensation, privilege, operating mode, establishment or cancellation of part-time, combination of professions, change of categories and the name of positions;
12) profession - the sort of labor activity requiring the certain knowledge and skills acquired by training and practical experience;
13) the qualification category - the level of general and special training of the worker confirmed by the document types (the certificate, the diploma, the certificate, etc.) established by the legislation;
14) specialty - set acquired by special preparation and work experience of knowledge, skills necessary for accomplishment of certain type of labor activity within this profession;
15) position - the official position of the worker caused by circle of its obligations, the official rights and nature of responsibility;
16) seasonal workers are the workers occupied at works which on natural and climatic conditions cannot be carried out during all calendar year and are made only during the certain period (season);
17) young specialists - persons accepted in the organization after the termination of the highest and average special educational institutions in the direction of these institutions;
18) reservation - job security at the expense of the available workplaces for certain employee category:
19) quota - share (part) of workplaces which the organization, irrespective of patterns of ownership and managing, provides for employment of persons needing social protection;
20) persons which are members or members of the organizations, the co-owners and owners of property consisting in employment relationships in these companies;
21) systematic violation of labor discipline - repeated, the worker of labor obligations during action of the authority punishment imposed on it;
22) gross violation of labor discipline - emergence at drunk work, condition of drug or toxic intoxication, absence without valid excuse (including absence from work more than three hours of the working day), making on place of employment of voluntary waste or plunder of property of the employer, violation by the worker of safety regulations, fire safety which entailed heavy consequences, including injuries, accidents or ignition;
23) labor union (labor union) - the voluntary public organization uniting the citizens connected by common interests by the nature of their activities both in production and in non-productive spheres for protection of the labor, social and economic rights and interests of the members;
24) merging of employers - the non-profit organization which is voluntarily created by employers for representation and protection of interests of the members within social partnership
The labor collective of the company is constituted by all his workers.
The rights of labor collective, procedure and forms of their implementation are determined by legislative and other regulatory legal acts, agreements (contracts) on work and the charter (provision) of the company.
Employee representatives at the company are the faces chosen group of employees of the organization according to the legislation of the Republic of Tajikistan.
In employment relationships and protection of their interests the labor unions and their elected bodies at the company elected by workers other bodies can perform representation of interests of workers.
The rights of labor unions and their elected bodies in relations with the state and economic organizations, employers are determined by the legislation of the Republic of Tajikistan, agreements and collective agreements.
Workers determine that body to which they trust representation and protection of the interests.
All representative bodies of employees of the company are effective within the powers conferred to them and have the equal rights in case of protection of interests of workers. The cooperation between various representative bodies of employees of the company is encouraged.
Availability of various representative bodies at the company shall not interfere with their activities for implementation of the functions.
The same representative body of employees of the company cannot represent and protect interests of workers and employers.
Representative bodies of employees of the companies have the right:
1) to conduct collective bargainings, to sign collective agreements and agreements, to participate in preparation of other regulations about work at the company and to introduce to the employer drafts of such acts;
2) to participate in consideration of questions of social and economic development of the company;
3) to exercise control of compliance with law of the Republic of Tajikistan about work, collective agreements and agreements;
4) to protect interests of workers in bodies for consideration of employment disputes;
To appeal 5) in court of the decision of the employer and persons authorized by it if they contradict legal and other regulatory legal acts about work, or otherwise violate the rights of workers;
6) to call strike according to the procedure, stipulated by the legislation the Republic of Tajikistan;
7) to make other lawful acts when implementing representation.
All authorized representative bodies of workers have the equal rights.
The employer, persons authorized by him who made the actions specified in parts one and the second this Article bear responsibility according to the procedure, established by the legislation of the Republic of Tajikistan.
The employer, persons authorized by him shall:
1) to promote activities of representative bodies of workers, to observe their rights;
2) before decision making, the workers infringing on interests to hold consultation with their representative bodies;
3) timely to consider offers of representative bodies of workers and to motivated report to them about the made decisions;
4) freely to allow members of representative bodies at the company, to workplaces of workers whose interests they represent;
5) it is free to provide to representative bodies of workers necessary information on questions of work, social and economic development;
6) to provide necessary conditions for accomplishment of workers of their functions by representative bodies;
7) to provide rooms, vehicles, means of communication, other conditions necessary for ensuring activities of representative bodies of workers which procedure for representation are determined by the collective agreement (agreement);
8) to carry out other obligations in relation to representative bodies of workers, stipulated by the legislation the Republic of Tajikistan, collective agreements and agreements.
Protection against prosecutions in any form from the employer in connection with implementation of representative activities is guaranteed to members of representative bodies of workers by them.
Former work (position) is provided to the workers exempted from production work owing to election in representative body after the termination of their elective powers, and in case of its absence other equivalent work (position) at the same company.
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