Last Change:

03/14/2025

Labor Code of the Republic of Tajikistan

Year: 2016

Type: Domestic law

Rights Category: Work & Workplace rights

Description

Трудовой Кодекс Республики Таджикистан

Selected provisions
Article 26 - Employment Contract

1) An employment contract is concluded in written form, drafted in two copies, and signed by both parties. One copy of the employment contract is given to the employee, while the other is kept by the employer.

2) Any amendments and additions to the employment contract, including transfers to another job, are made in written form by the parties in accordance with the procedure outlined in Part 1 of this article. A proposal to amend the terms of the employment contract must be submitted by one of the parties in writing and reviewed by the other party within seven calendar days from the date of submission.

3) An employment contract with executive officers of an organization's governing body is concluded by the organization's property owner or an authorized representative, in accordance with this Code, other legal regulatory acts of the Republic of Tajikistan, and the organization's founding documents.

4) When applying for a job, the following documents must be submitted:

- A passport or another identity document (a birth certificate for individuals under sixteen years old);
- A work record book or another document confirming employment history (except for those entering the workforce for the first time);
- A residence permit or a stateless person’s identity document (for foreigners and stateless persons permanently residing in the Republic of Tajikistan) or a refugee certificate;
- Documents on education, specialized knowledge, qualifications, profession, or vocational training for jobs requiring specific knowledge, skills, and competencies in accordance with this Code and other regulatory legal acts of the Republic of Tajikistan;
- For individuals subject to military service obligations – a military ID or draft registration certificate;
- A document confirming the completion of a preliminary medical examination (for individuals required to undergo such an examination under this Code and other laws of the Republic of Tajikistan);
- Copies of the taxpayer identification number certificate and mandatory pension insurance certificate;
- A certificate confirming the presence or absence of a criminal record when applying for jobs requiring such information under the legislation of the Republic of Tajikistan.

5) The employer is not entitled to request additional documents from a job applicant unless otherwise provided by the legislation of the Republic of Tajikistan.

6) Employment is formalized based on the employee's application and an act issued by the employer or an authorized representative.
This act must be communicated to the employee within three working days against their signed acknowledgment.

7) Employment of workers (domestic workers and home-based workers) hired by private individuals is formalized by an employment contract, the standard form of which is approved by the authorized state labor and employment authority.

8) Upon hiring, the employer must familiarize the employee with the internal labor regulations of the organization and other relevant regulatory documents related to the employee’s job functions.

9) The employment contract takes effect from the actual start date of work unless otherwise specified in the contract.

10) If an employment contract is not concluded or properly executed due to the employer’s fault, but the employee has started working, the employment relationship is considered to have commenced from the day the employee began work.

Article 185 - Employer’s Financial Liability for Damage

1) The employer is obligated to compensate the employee for lost wages and other due payments in cases of unlawful transfer to another job, denial of access to the workplace, unilateral modification of employment contract terms, suspension from work, or unjustified termination of the employment contract.

2) Additional cases of employer liability for damages caused by unlawfully depriving an employee of the opportunity to work may be established by the employment contract, agreements, collective agreements, or employer-issued acts approved in coordination with employee representatives.

Article 206 - Reinstatement of an Employee

1) If an employment contract is terminated without legal grounds, or if an employee is unlawfully transferred to another job, relocated to a different workplace, subjected to changes in working conditions, or suspended from work, the body reviewing the individual labor dispute shall issue a decision to reinstate the employee in their previous position, except in cases specified in Part 3 of this article.

2) An employee reinstated in their previous position shall be paid their average salary for the entire period of forced absence (suspension from work) or the difference in wages for the time they performed lower-paid work.

3) The decision of the individual labor dispute resolution body regarding the reinstatement of an employee is subject to immediate execution. If the employer delays the execution of the reinstatement decision, the labor dispute resolution body shall issue a ruling requiring the employer to pay the employee their average salary or the wage difference for the duration of the delay.

Article 199 - Individual Labor Dispute

1) Individual labor disputes are reviewed by conciliation commissions and/or courts.

2) Individual labor disputes are considered by a conciliation commission upon the request of either party to the labor dispute.

3) The parties to the employment contract may choose to submit an individual labor dispute directly to the court.

Article 9 - Scope

1) This Code regulates the following matters:
- Employment relations;
- Relations directly connected with employment;
- Social partnership;
- Occupational safety and health.

2) Unless otherwise provided by the legislation of the Republic of Tajikistan and international legal acts recognized by Tajikistan, this Code applies to the following persons:
- Employees, including those working in organizations located in the territory of the Republic of Tajikistan, whose property owners, participants, or shareholders are foreign individuals or legal entities;
- Employers, including organizations located in the territory of the Republic of Tajikistan, whose property owners, participants, or shareholders are foreign individuals or legal entities.

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

Article 54 - Prohibition of Unlawful Dismissal and Transfer

1) An employee who has been unlawfully transferred to another job or unlawfully dismissed must be reinstated either by the employer or by a court.

2) In the event of a dispute being reviewed in court, the employer is responsible for proving the necessity and justification of the transfer or dismissal of the employee.

Article 55 - Employer’s Liability for Unlawful Transfer or Termination

1) If an employee is reinstated by a court or the employer, the employer is obligated to compensate the employee for the damages incurred.

2) Compensation for damages includes:

- Mandatory payment for the period of forced absence, amounting to at least the lost wages;
- Reimbursement of additional expenses related to challenging the unlawful transfer or dismissal (e.g., expert consultations, legal fees);
- Possible compensation for moral damages.

3) The amount of moral compensation is determined by the court, taking into account the employer’s actions, but it cannot be less than the employee’s average monthly salary.

Article 7 - Prohibition of Discrimination

1) All citizens have equal rights to work, and discrimination in labor relations is prohibited. Any distinctions, exclusion, or preference, refusal of employment, regardless of nationality, race, gender, language, religion, political beliefs, social status, education, or property, leading to a violation of equality of opportunities in the field of labor, is prohibited. 2) Distinctions in the field of labor, based on the specific requirements of certain types of work or special state care for persons in need of increased social protection (based on gender, age, physical disabilities, family responsibilities, social level, and culture), do not constitute discrimination. 3) Individuals who believe they have been subjected to discrimination in labor relations may appeal to the court.

Article No. 1 - Key Terms

Suitable work – a job that corresponds to a person's gender, education, specialty, professional training, work experience, and conditions of their last workplace (excluding paid public works); takes into account the person's health condition; is located at a reasonable distance from their place of residence (no more than one hour of travel time); and guarantees a salary not lower than the officially established minimum wage, which the individual is capable of performing.

Article No.21 - Parties to the Employment Contract

1) The parties to the employment contract are the employee and the employer.

2) An employee, as a party to the employment contract, can be a citizen who has reached the age of fifteen.

3) In exceptional cases, an employment contract may be concluded with students who have reached the age of fourteen, as well as with students who have not reached the age of fourteen and participate in theatrical productions, film organizations, concerts, circus programs, and other creative organizations, provided it does not harm their health or moral development, and with the consent of their father or mother, or, in accordance with the legislation of the Republic of Tajikistan, persons replacing them. This contract must not interfere with their educational process.

4) Employers, as a party to the employment contract, may include the following individuals:

- The relevant government authority, organization, as well as its representations and branches;

- An individual registered in the established manner under the legislation of the Republic of Tajikistan as an individual entrepreneur or who uses the labor of others for the needs of their personal consumer household.

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