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The document ceased to be valid since July 1, 2016 according to part 3 of article 37 of the Law of Turkmenistan of June 18, 2016 "About employment of the population"

LAW OF TURKMENISTAN

of November 12, 1991 No. 598-XII

About employment of the population

(as amended on on April 18, 2009)

Section I. General provisions

Article 1. Employment of citizens in Turkmenistan

1. Employment is the activities of citizens which are not contradicting the current legislation connected with satisfaction their personal and public needs and, as a rule, bringing in them the income in cash or other form in the form of the salary, contents, benefits and payment in kind.

2. Citizens in Turkmenistan have the right to the free choice of the type of employment which is not forbidden by the legislation. They possess exclusive right to dispose of the capabilities to productive and creative activity.

Administrative coercion in any form is not allowed to work, except as specified, stipulated by the legislation Turkmenistan. The voluntary unemployment of citizens cannot form the basis for their attraction to administrative, criminal and other responsibility.

3. Citizens treat occupied population in Turkmenistan:

working on hiring at the companies, in organizations and the organizations, irrespective of pattern of ownership, including kolkhozes and sovkhozes, at joint businesses and in the organization, free enterprise zones, in the international and foreign organizations in Turkmenistan and abroad;

independently providing themselves with work, including entrepreneurs, persons occupied with individual labor and creative activity, the members of the cooperatives working in personal subsidiary and individual daykhansky (farmer) farm or who are engaged in seasonal labor activity and members of their families which are taking part in production;

the elite appointed or approved to paid position in public authorities, managements in public organizations and organizations of cult;

serving in Armed Forces of Turkmenistan, border troops, the state security agencies and internal affairs;

students at comprehensive schools, technical training colleges, average special and higher educational institutions, and also educational institutions of other types of resident instruction;

the performing paid social jobs;

engaged in education of children, patient care, disabled people, including disabled people since the childhood, aged citizens and housekeeping;

other countries, the functions which are temporarily staying and working at the territory of Turkmenistan, and performing are not connected with ensuring activities of embassies and missions;

having paid work, but temporarily absent in connection with disease, leave, strike, temporary suspension of production.

Article 2. Unemployed

1. The unemployed in Turkmenistan able-bodied citizens are recognized working-age who for the reasons which are not depending on them have no work, earnings (labor earnings), are registered in public service of employment (is referred to as - employment service) as persons who are looking for work capable and ready to work and to which this service did not make offers of suitable work.

In case of impossibility of provision of suitable work it can be offered to unemployed to have professional training or retraining, to improve the skills.

2. Order of registration of citizens as persons who are looking for work and also conditions of payment of the corresponding benefits to them are determined by the Government of Turkmenistan.

Article 3. Suitable work

1. For the citizens who lost work and earnings (labor earnings) the work corresponding to their professional training, considering age, the state of health, working life and experiment on former specialty, transport availability of new place of employment if the public transport provides timely (to 1,5 of hour) access to it is considered suitable.

The salary and other working conditions of suitable work shall answer the average level by this profession (specialty) and in this area.

2. In case of impossibility of provision to the citizen of professional job (specialty) after the initial period of allowance payment on the unemployment suitable the work requiring change of profession (specialty) taking into account capabilities of the citizen, its last experience and tutorials, available to it, is considered.

3. For the persons which for the first time are looking for work, which do not have profession (specialty) as suitable the work requiring preliminary professional training is considered. In case of impossibility of provision of this preparation - other paid work, (including work of temporality), considering age and other features of citizens and the requirement of the legislation on work.

4. By the solution of hyakimlik also other criteria of suitable work increasing social security of citizens can be established.

Article 4. The basic principles of state policy in the field of employment of the population

The basic principles of state policy, in the field of employment of the population are:

providing equal opportunities to all citizens in Turkmenistan, irrespective of race, floor, the relation to religion, age, political convictions, nationality, social position in realization of right to work and the free choice of employment;

voluntariness of work according to which employment is based on free declaration of will of citizens;

assistance to ensuring effective and freely chosen employment of the population and prevention of unemployment;

providing social are sewn up in the field of employment, provedeniyespetsialny actions promoting employment of the citizens experiencing difficulties in job search;

coordination of activities and area of employment with other directions of economic and social policy;

participation of labor unions, associations (unions) of entrepreneurs in development, realization and control over the implementation of measures for employment in interaction with state bodies;

international cooperation in the problem resolution of employment of the population, including labor activity of citizens of Turkmenistan abroad and foreign citizens in Turkmenistan.

Article 5. Legislation on employment

1. The relations in the sphere of employment of the population in Turkmenistan are governed by the Constitution of Turkmenistan, this Law and other legal acts of Turkmenistan adopted according to them.

If the international treaty or the agreement signed by Turkmenistan establish other rules, than are stipulated by the legislation about employment in Turkmenistan, then regulations of international treaties and agreements are applied.

2. The legislation on employment extends also to the foreign citizens and stateless persons who are constantly begetting in Turkmenistan if other does not follow from acts of the legislation of Turkmenistan.

Section II. The rights of citizens of Turkmenistan in the field of employment

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