LABOR CODE OF THE REPUBLIC OF TAJIKISTAN

of July 23, 2016 No. 1329

This Code governs employment relationships and other relations, directly related, directed to protection of the rights and freedoms of the parties of employment relationships, establishment of the minimum guarantees of the rights and freedoms in the sphere of work.

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. Basic concepts

In this Code the following basic concepts are used:

- retraining - the form of professional training allowing to master other profession or specialty;

- employee assessment - procedure for determination of compliance of the worker of post (the performed work) by assessment of execution of job responsibilities, level of knowledge, skills and professional training;

- certification of workplaces under the terms of work - system of accounting, the analysis and complex assessment of all factors of the production circle, process of hard and intense work on specific workplace exerting impact on working capacity and health of the worker in the course of labor activity;

- collective employment disputes - not settled issues between employers (associations of employers) and group of workers (employee representatives) concerning establishment and change of working conditions in the organizations, the conclusion and agreement performance and collective agreements, and also concerning application of provisions of this Code, other regulatory legal acts of the Republic of Tajikistan, the agreement and collective agreements;

- individual employment disputes - not settled issues between the employer and the worker concerning application of this Code and other regulatory legal acts of the Republic of Tajikistan, the working conditions provided by the employment contract, the agreement and collective agreements;

- unemployment - it is social - the economic event caused not by demand in the labor market of certain part of labor power;

- occupational disease - the disease caused by impact on the worker of dangerous or harmful production factors;

- labor safety - complex of the actions aimed at providing protection of workers in the course of labor activity and excluding impact of harmful and dangerous production factors;

- the labor market - the sphere of forming of the demand and supply on labor power;

- reservation - reservation of vacant workplaces for certain category of persons;

- position - the official position of the worker caused by circle of its obligations, the official rights and nature of responsibility;

- violation of labor discipline - non-compliance with of this Code by the worker of requirements, other regulatory legal acts of the Republic of Tajikistan about work and employment policies and procedures of the organization;

- rest time - time during which the worker according to this Code and other regulatory legal acts of the Republic of Tajikistan is free from accomplishment of labor obligations and can use it at discretion for satisfaction of private interests and recovery of working capacity;

- working hours - time during which the worker according to regulations, the working schedule or conditions of the employment contract shall carry out the labor obligations;

- watch - labor activity out of the place of permanent residence of workers when which implementing their daily return to the place of permanent residence cannot be provided;

- means of individual and collective protection of workers - the means used for prevention and reduction of impact by the worker of harmful and dangerous production factors;

- division - the shop, the site, crew, department, management and other structural units of the organization;

- gross violation of labor discipline - emergence at drunk work, caused by the use of alcoholic drinks, drugs, the psychotropic or other stupefying substances, absence without valid excuse at work more than 3 hours during the working day, voluntary waste or plunder of property of the employer, violation by the worker of safety regulations, fire safety which entailed heavy consequences, including death or injuries of the person, accident or ignition;

- the qualification category - the level of general and special training of the worker confirmed based on the document types (the certificate, the diploma, the certificate and other relevant documents) established by this Code and other regulatory legal acts of the Republic of Tajikistan;

- combining jobs - accomplishment by the worker in time or in time of other work, free from the main work, or occupation of other permanent paid position on the terms of the employment contract;

- overtime work - the work performed by the worker on the order of the employer over the daily duration of working hours established for the worker, or over normal number of working hours for the accounting period;

- labor discipline - observance of requirements of this Code, other regulatory legal acts of the Republic of Tajikistan about work and regulations of the organization;

- labor union (labor union) - the voluntary public organization uniting the citizens connected by common interests by the nature of activities in production and non-productive spheres for protection labor it is social - economic and other rights and interests of the members;

- merging of employers - the non-profit organization created by employers on voluntary basis for representation and protection of interests of the members within social partnership;

- specialty - set acquired by special preparation and work experience of knowledge, skills necessary for accomplishment of certain type of labor activity within this profession and supported by the relevant documents on education;

- profession - the sort of labor activity requiring the certain knowledge and skills acquired by training and practical experience;

- guarantee of the rights of workers for protection of work - condition and means by means of which the complete possibility of implementation established by the Constitution of the Republic of Tajikistan, this Code and other regulatory legal acts of the Republic of Tajikistan of the rights on labor protection is provided to the worker;

- quota - share (part) of workplaces which the organization, irrespective of form of business, provides for employment of persons needing social protection;

- suitable work - the work corresponding to floor, education, specialty, professional training, working life and work experience, conditions of the last place of employment (except for paid social jobs), to the state of health, slightly remote from the residence (no more than one hour in transit) and guaranteeing the salary not below officially the established level of minimum wage which person is capable to carry out;

- remote work - special form of implementation of labor process out of the location of the employer using in the course of work of information and communication technologies;

- the worker (hired employee) - the face consisting in employment relationships with the employer according to the employment contract;

- the seasonal worker - the worker who cannot perform work during all calendar year on natural and climatic conditions and carries out it during the certain seasonal period;

- the house worker - person performing works (services) in economy of the employer - physical person;

- the home worker - person performing work as personal labor at home or the place adapted for work;

- the employer - the legal entity, its branches and representations, irrespective of form of business and physical person which by this Code and other regulatory legal acts of the Republic of Tajikistan is granted the right of the conclusion and the termination of the employment contract with the worker;

- industrial safety rules - regulatory legal act with requirements for labor protection which accomplishment for physical persons and legal entities in case of occupation certain types of activity, including during the designing, construction and operation of objects, the invention of machines, mechanisms and other equipment, development of engineering procedures, production organization and work is obligatory;

- authorized state body in the sphere of work and employment of the population - state body on management and regulation of employment of able-bodied population which enables the realization of policy of assistance of employment of the population and providing to citizens of the state guarantees in the sphere of work and employment of the population;

- work - the activities of the person directed to creation of material, cultural and other values necessary for life and requirements satisfaction of the person and society;

- work regulations - performance standards, time, servicing of number, the normalized tasks established for workers according to the level of technical achievements, technologies, production organization and work, and for separate employee categories - also taking into account physiological, sexual and age factors;

- the salary - set of the remunerations estimated in monetary units which the employer shall pay to hired employee for actually performed work, and also for the periods included in working hours;

- collective bargainings - regulated by this Code and other legal acts of the Republic of Tajikistan collectively - the contractual process between workers (employee representatives) and employers (representatives of employers) providing them opportunity freely to participate in the solution of questions of regulation of employment relationships and social partnership, their discussion, preparation and coordination of the draft agreement and collective agreements, their signing;

- employment relationships - the relations between the worker and the employer arising for implementation of the rights and obligations provided by this Code, other regulatory legal acts of the Republic of Tajikistan, the employment contract, the agreement and collective agreements;

- systematic violation of labor discipline - further violation by the worker of labor obligations during action of the authority punishment imposed on it;

- the specialist - person having the professional education by the nature of the specialty which gained theoretical and practical knowledge, professional skills which give it the chance to conduct professional activity in certain direction;

- the young specialist - person employed in the organization after the termination of full-time department of educational institution of professional education in the direction of the same organization;

- employee representatives in the organizations (further - the worker's representative) - the faces chosen the group of workers for protection of their interests according to the procedure established by this Code and other regulatory legal acts of the Republic of Tajikistan;

- the authorized representative of the employer - the head (his deputies) of the organization (structural division) or other worker who by this Code and other regulatory legal acts of the Republic of Tajikistan or the employer is granted the right to make the decisions following from the employment and related relationships;

- the trade union representative - the head of labor union or other person, which according to the charter (provision) or according to the decision of relevant organ to authorized provide labor union;

- harmful production factor - production factor which impact can lead to disease of the worker;

- dangerous production factor - production factor which impact can lead to injury of the worker;

- production factors of labor activity - the technical, sanitary, hygienic, production and household and other conditions established by this Code and other regulatory legal acts of the Republic of Tajikistan;

- social factors of labor activity - the amount of compensation, duration of working hours, leave and other conditions established by this Code and other regulatory legal acts of the Republic of Tajikistan and also on the consent of the parties;

- leave - time during which the worker in the procedure established by this Code and other regulatory legal acts of the Republic of Tajikistan is exempted from accomplishment of labor obligations with condition of preserving place of employment and position, and used by it at discretion for rest and recovery of working capacity, and also satisfaction of other requirements;

- local regulations - the regulations adopted by relevant organs of management of the organization with the consent of representative bodies of workers, governing the employment and related relations, and existing within the organization;

- official journey - the direction of the worker according to the order of the employer for accomplishment of service duties for certain term to other area;

- the agreement - the legal act regulating socially - employment relationships between workers and employers and concluded at the republican, regional, city, district and industry levels;

- work year - period equal to calendar year, estimated for each worker separately from the date of acceptance for work;

- professional training - the form of professional training necessary for additional development of the personality and receipt of new skills for accomplishment of certain work;

- advanced training - the form of professional training allowing to support, expand, deepen and enhance the professional knowledge which is earlier acquired by the worker, skills;

- the parties of the employment contract - the employer and the worker;

- work practice - type of practical use of theoretical knowledge and receipt of professional skills by acquaintance and participation in organization activity;

- productive activity - set of actions of the worker with use of the instruments of labor necessary for transformation of inventories to finished goods and the consisting of production and conversion of different types of raw materials, construction, performance of works and different types of services;

- civil service - the professional activity of civil servants on execution of ex-officio full powers directed to realization of tasks and functions of state bodies, implementation of maintenance and ensuring functioning of state bodies;

- the civil servant - the technical and service personnel of state bodies borrowing, according to the procedure, established by this Code and other regulatory legal acts of the Republic of Tajikistan, paid established post in state bodies for implementation of job responsibilities for the purpose of execution of their powers, implementation of maintenance and ensuring functioning of state bodies;

- the minimum size of the salary - the established minimum, obligatory amount of money payments to the worker by the employer within a month for work in normal conditions in case of observance of duration of working hours established by this Code and accomplishment of the labor obligations established by it;

- labor protection - system legal, it is social - economic, organizationally - technical, sanitarno - hygienic, lechebno - the preventive and rehabilitation actions provided by this Code, other regulatory legal acts of the Republic of Tajikistan ensuring safety, health protection and working capacity of person in the course of labor activity;

- workplace - the permanent or temporary place created by the employer where the worker in the course of labor activity carries out the labor obligations;

- social partnership - the cooperation of participants of social and labor relations aimed at providing coordination of interests of workers, employers and executive bodies of the government;

- work safety conditions - working conditions which level excludes impact of dangerous or harmful production factors on workers or level of their impact does not exceed the established standard rates;

- working conditions - conditions of payment, the salary of regulation of work, the mode of working hours and time of rest, procedure for combination of professions (positions), expansions of zones of servicing, accomplishment of obligations of temporarily absent worker, safety and labor protections, technical, it is production - social factors, is production - living conditions, and also others, as agreed by the parties, conditions;

- the collective agreement - the legal act regulating socially - employment relationships in the organization or at the individual entrepreneur, and concluded by workers and employers on behalf of their representatives;

- the employment contract (contract) (further - the employment contract) - consent between the employer and the worker according to whom the worker shall perform works on one profession, several certain professions, specialties or positions with the corresponding degrees, with observance of internal regulations of the labor schedule and the employer shall pay to the worker for this work in complete size and timely the salary and to provide the working conditions provided by this Code, other regulatory legal acts of the Republic of Tajikistan and the agreement of the parties;

- the agreement of study - the written agreement between the worker and the employer under the terms of training, practical training, professional training, retraining and to advanced training;

- special 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;

- persons with family obligations - the expectant mothers and other workers having on education and dependence of the child up to fourteen years, the handicapped child and other persons determined by the legislation of the Republic of Tajikistan;

- employment - any, the activities of able-bodied citizens which are not contradicting regulatory legal acts of the Republic of Tajikistan connected with satisfaction their personal and public needs bringing in them the income (earnings).

Article 2. Legislation of the Republic of Tajikistan on work

The legislation of the Republic of Tajikistan on work is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Tasks of the legislation of the Republic of Tajikistan on work

Tasks of the legislation of the Republic of Tajikistan on work are creation of the necessary legal conditions directed to achievement of balance of interests of the parties of employment relationships, economic growth and increase in production efficiency and welfare of people.

Article 4. Principles of the legislation of the Republic of Tajikistan on work

The principles of the legislation of the Republic of Tajikistan on work are:

- freedom of work;

- inadmissibility of restriction of rights of man and citizen in employment relationships;

- prohibition of discrimination, forced labor and use of female labor and work of minors on heavy, underground and at works with harmful working conditions;

- providing the right to the working conditions meeting the requirements of safety rules and hygiene;

- priority of life and health of the worker in the ratio to results of productive activity;

- providing the right to fair remuneration for work not below the minimum size of the salary;

- ensuring right to rest;

- equal rights and opportunities of workers;

- providing the right of workers and employers to consolidation for protection of the rights and interests;

- guarantees of social security of workers;

- social partnership;

- state regulation of safety and labor protection;

- providing the right of employee representatives to exercise public control over observance of the labor law of the Republic of Tajikistan.

Article 5. Freedom of work

Everyone has the right without any discrimination and coercion freely to choose work or to agree freely to work, to dispose of the capabilities to work, to choose profession and kind of activity.

Article 6. Inadmissibility of restriction of right to work

The right to work can be limited by nobody, except cases and according to the procedure, provided by this Code and other legal acts of the Republic of Tajikistan.

Article 7. Prohibition of discrimination in employment relationships

1. All citizens have the equal rights to work, discrimination in employment relationships is forbidden. Any distinctions, non-admission or preference, refusal in employment, irrespective of nationality, race, floor, language, the religions, political convictions, social position, education, property leading to violation of equal opportunities in the field of work are forbidden.

2. Are not discrimination of distinction in the sphere of work, caused by requirements peculiar to certain type of work or special care of the state of persons needing the increased social protection (on the bases of sex, age, physical defects, to family obligations, social level and culture).

3. Persons considering that they underwent to discrimination in employment relationships can take a legal action.

Article 8. Prohibition of forced labor

1. Forced labor is forbidden, except as specified, determined by the legislation of the Republic of Tajikistan.

2. Forced labor is not considered:

- the work required based on the legislation of the Republic of Tajikistan on military service;

- the work required in the conditions of the force majeure threatening life, personal security or health of the population;

- the work required owing to the conviction of court which took legal effect and carried out under the supervision of the authorized state bodies responsible for respecting the rule of law in case of accomplishment of adjudications.

3. In the cases provided by part 2 of this Article, the worker cannot be transferred to the order of individuals and the non-state organizations.

Article 9. Coverage of this Code

1. This Code governs the following relations:

- labor;

- directly connected with employment relationships;

- social partnership;

- on safety and labor protection.

2. Action of this Code if other is not stipulated by the legislation the Republic of Tajikistan and the international legal acts recognized by Tajikistan extends to the following persons:

- workers, including on employees of the organizations located in the territory of the Republic of Tajikistan, owners of property, participants or shareholders of which are foreign physical persons or legal entities;

- employers, including on the organizations located in the territory of the Republic of Tajikistan, owners of property, participants or shareholders of which are foreign physical persons or legal entities.

3. Regulatory legal acts of the Republic of Tajikistan forbid restriction of the rights, freedoms and guarantees established by this Code.

Article 10. Acts of the employer

1. The employer for the purpose of regulation of employment relationships within the powers adopts acts according to this Code and other regulatory legal acts of the Republic of Tajikistan, the employment contract, the agreement and collective agreements.

2. The acts of the employer worsening situation of workers in comparison with this Code and other regulatory legal acts of the Republic of Tajikistan, the employment contract, the agreement and collective agreements are invalid and are not subject to application.

Article 11. Employment contracts, agreements and collective agreements, parties of social partnership

1. Employment relationships and the relations, directly related, along with this Code and other regulatory legal acts of the Republic of Tajikistan, are regulated by also employment contract, the agreement and collective agreements.

2. Provisions of agreements of the parties of social partnership, the employment contract and collective agreements worsening legal status of workers in comparison with this Code and other regulatory legal acts of the Republic of Tajikistan are recognized invalid and are not subject to application.

Article 12. Ratio of legislative and contractual regulation of employment relationships

1. The minimum level of labor rights and guarantees for workers is established by this Code and other regulatory legal acts of the Republic of Tajikistan.

2. General, industry (tariff), territorial (regional, city, district) agreements, the employment contract and collective agreements can establish the rights and labor guarantees which are not provided by this Code and other regulatory legal acts of the Republic of Tajikistan.

3. Conditions of the employment contract, the agreement and collective agreements cannot be changed unilaterally, except as specified, provided by this Code and other regulatory legal acts of the Republic of Tajikistan.

4. The questions which are not settled by this Code and other regulatory legal acts of the Republic of Tajikistan are considered and solved by agreement of the parties, the collective or employment contract. In case of not achievement between the parties of consent, questions are considered and solved according to the procedure, established respectively for permission of individual or collective employment disputes.

Article 13. Procedure for coordination of the draft of acts of the employer with employee representatives

1. The employer in the cases provided by this Code, other regulatory legal acts of the Republic of Tajikistan, the agreement and collective agreements in coordination or preliminary consultations with employee representatives adopts acts.

2. Before adoption of the act the employer represents its project and reasons on it to employee representatives.

3. The draft of the act of the employer is discussed by employee representatives no more than 3 working days from the date of its representation. Decisions of employee representatives it is drawn up by the protocol in which consent or disagreement of employee representatives with the draft of the act of the employer is specified.

4. In case, disagreements of employee representatives with the draft of the act of the employer or availability of suggestions for improvement of the project, the employer has the right:

- in case of consent adopts the act of changes and amendments on preliminary consultations with employee representatives;

- in case of disagreement to hold additional consultations with employee representatives.

6. In case of not achievement of consent according to the draft of the act of the employer which adoption according to this Code and other regulatory legal acts of the Republic of Tajikistan requires the consent of employee representatives the arisen disagreements are drawn up by the protocol then the employer has the right to adopt the act.

7. In case of adoption of the act by the employer without complete or partial accounting of offers, employee representatives have the right to begin the procedure of collective employment dispute according to the procedure, provided by this Code and other regulatory legal acts of the Republic of Tajikistan.

8. In case of acceptance by the employer of the solution of the breaking, or worsening right and the guarantees of workers provided by this Code and other regulatory legal acts of the Republic of Tajikistan, the employment contract, the agreement and collective agreements, the employee representative can address to relevant organs of inspection of work or to court.

Article 14. Calculation of the terms established by this Code

1. 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.

2. The terms estimated for years, months, weeks expire in the corresponding numbers of the last year, month or last week of term. The terms estimated in calendar weeks or days join also non-working days.

3. 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.

Section II. Employment relationships

Chapter 2. Subjects of employment relationships. Bases of emergence of employment relationships

Article 15. Subjects of employment relationships

1. Subjects of employment relationships are the worker and the employer. The head of branch or representation of the foreign legal entity can have all rights and obligations of the employer on behalf of this foreign legal entity.

2. Physical persons and legal entities are protected by interests of workers and employers within the powers provided by this Code and other regulatory legal acts of the Republic of Tajikistan, court resolutions, constituent documents or the power of attorney.

Article 16. Bases of emergence of employment relationships

1. Employment relationships between the worker and the employer arise based on the employment contract if this Code and other regulatory legal acts of the Republic of Tajikistan, does not establish other procedure.

2. In the cases and procedure established by this Code and others normative legal the Republic of Tajikistan, constituent documents, acts of the employer, the following factors can become the basis for execution of an employment agreement:

- election to position;

- election on tender to position;

- position assignment or approval in position;

- job placement authorized bodies on account of the established quota or in the direction;

- adjudication about execution of an employment agreement.

Article 17. Execution of an employment agreement with person sent to the account of the established quota

1. Local executive bodies of the government establish quotas for employment of the categories of the population determined by regulatory legal acts of the Republic of Tajikistan.

2. The employer within the established quota signs the employment contract with person directed for employment in case of compliance of its qualification to requirements of the employer.

3. The unreasonable refusal of the employer of execution of an employment agreement with person directed for employment according to quotas is forbidden.

Article 18. Basic rights and worker's obligations

1. The worker has the right:

- on the conclusion, change, amendment and termination of the employment contract according to the procedure and on the conditions provided by this Code and other regulatory legal acts of the Republic of Tajikistan;

- demand from the employer of accomplishment of conditions of the employment contract, the agreement and collective agreements, including on provision of suitable work for the graduates of educational institutions of higher education and educational institutions of secondary professional education going to work on the state quotas, the direction of the organization, on the invitation of the organization, on the direction of authorized state body in the sphere of work and employment of the population and educational institutions, except for appointments to the state positions in the state bodies performed according to the procedure, established by the legislation of the Republic of Tajikistan;

- on safety and labor protection;

- on receipt of complete and reliable information about working conditions and labor protection;

- on timely and in full salary payment in accordance with the terms of labor and collective agreements;

- on payment of idle time according to this Code and other regulatory legal acts of the Republic of Tajikistan;

- on the rest provided by establishment of duration of working hours, the weekly days off, paid and unpaid annual leave, short working day for number of professions and works;

- on consolidation, including the right to creation of labor union or other associations, and also membership in them, for representation and protection of the labor rights, except as specified stipulated by the legislation the Republic of Tajikistan;

- participate through the representative bodies in collective bargainings and in project development of the collective agreement, and also get acquainted with the signed collective agreement;

- on professional training (practice), retraining and increase in the qualification according to the procedure, provided by this Code and other regulatory legal acts of the Republic of Tajikistan;

- on indemnification, caused to his health and property in connection with execution of labor obligations;

- on compulsory social insurance and benefits on social insurance in case of temporary disability and in other cases provided by regulatory legal acts of the Republic of Tajikistan;

- on guarantees and compensation payments, including compensation of material costs in connection with moving on the new residence, work-related, according to the procedure, established by this Code and other regulatory legal acts of the Republic of Tajikistan;

- on protection of the rights and legitimate interests by everything, the methods which are not contradicting the law;

- on equal pay for equal work;

- on the request for permission of employment dispute in conciliation commission and court for choice;

- on the workplace equipped according to safety requirements and labor protections;

- on ensuring individual and collective protection with means, special clothes for the purpose of safety and labor protection according to requirements of this Code and other regulatory legal acts of the Republic of Tajikistan, the employment contract, the agreement and collective agreements;

- refuse performance of work in case of the situation creating threat to his health or life, having informed on it the direct head or the representative of employer;

- on preserving the average salary for the period of suspension of work of the organization because of discrepancy to requirements for safety and labor protection;

- address to authorized state body on work and employment of the population about conducting check of safety conditions and labor protections on workplace, and also on representative participation in check and consideration of the questions connected with improvement of conditions, safety and labor protections;

- on appeal of actions (failure to act) of the employer in employment relationships;

- on compensation according to qualification, complexity of work, quantity and quality of the performed work, and also working conditions;

- on participation in management of the organization in the forms provided by this Code, other legal acts of the Republic of Tajikistan, the agreement and collective agreements;

- on permission of individual and collective employment disputes, including the right to strike, according to the procedure, established by this Code and other legal acts of the Republic of Tajikistan;

- has other rights established by this Code and other regulatory legal acts of the Republic of Tajikistan.

2. The worker shall:

- carry out labor obligations according to the employment contract, the agreement and collective agreements, acts of the employer;

- observe labor discipline;

- observe the requirements established by this Code and other regulatory legal acts of the Republic of Tajikistan on safety and labor protection, fire safety and production sanitation on workplace;

- make thrifty use of property of the employer and workers;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info