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Written Agreements

A contract of employment must be in writing, drawn in 2 copies, and signed by both sides. A copy is to be given to the employee, while the employer will keep another. The employment contract must include information related to place of work, nature of job, payment, benefits, etc. When concluding a fixed-term labor contract, it shall indicate the term of action and the circumstances (reasons) that are the basis for concluding such a contract.

An employer may require the employee to produce the following documentation before hiring an employee:

• Employment history (except cases when the employer is proceeding to work for the first time)
• Passport (birth certificate for individuals younger than 16 years old)
• Educational background documents (if necessary)
• A document about military service and a military service certificate (where applicable for veterans of military service)

Oral Agreements

Tajikistan's law allows the initial labor agreement to be made verbally. However, the employment contract is to be in writing, drawn in two copies, and signed by both sides. A copy is to be given to the employee, while the employer will keep another.

Tajikistan's Labor Code offers no additional guidance on the use of verbal contracts.

Implied Agreements

Tajikistan's labor code contains no provisions on implied employment contracts. The law requires an employment relationship to be formed between the employer and the employee after an agreement is made between the parties. The labor agreement can be made verbally or in writing. However, the contract of employment is to be in writing, drawn in 2 copies, and signed by both sides. A copy is to be given to the employee, while the employer will keep another.

Tajikistan's Labor Code states that the regular working hours at a company cannot surpass 40 hours per week. Daily working hours cannot exceed 12 hours. Working hours are reduced to 35 hours per week for employees working with harmful physical, chemical, biological, and other industrial factors. For employees between 14 to 15 years of age, the maximum working hours are 24 per week. For employees aged 15 to 18 years of age, the maximum working hours are 35 per week. When it comes to disabled employees, the law provides that the working day must not be longer than 6 hours. (In this case, the salary will not be decreased despite the reduced hours). The duration of night working hours is reduced by one hour per day, if at least half of the daily work (shift) time falls on the night time.

The Law on Promotion of Employment of the Population defines remote work as "a special form of implementation of the labor process outside the location of the employer with the use of information and communication technology in the work process." Such persons are protected under the labor laws of the country.

New Year’s Day (January 1), International Women’s Day (March 8), Nawruz (March 21-22), May Day (May 1), Victory Day (May 9), Day of National Unity (June 27), Independence Day (September 9), Constitution Day (November 6), Ramadan (date may vary), Qurbon (date may vary).

According to Tajikistan's Labor Code, where mutually agreed upon by the employer and the employee, an employment contract can include a probationary period. This period cannot extend beyond 3 months. Employment contracts concluded with employees less than 18 years of age cannot have a probationary period. Seasonal employment contracts cannot have a probationary period.

Notice Period

In Tajikistan, employers must provide a notice period of at least 1 month when dismissing an employee because of inadequate qualifications, inadequate health, and 2 months in case of business closure, or reduction in staff.

Employees are entitled to 1 day off per week during the notice period to look for another job and still be paid. The contract can be terminated before the expiry of notice period by paying compensation in lieu of.

The employer must inform the appropriate agencies dealing with Tajik occupational information of the forthcoming dismissal of employees, indicating their specialization, qualifications, and wage rate.

Severance Benefits

According to Tajikistan's labor law, employees have the right to severance pay when dismissed by the employer for the following reasons:

• Closing down of the company or economic redundancy
• Inadequacy of the employee's qualifications
• Non-attendance for more than three months because of temporary disability
• Change of company ownership
• Gross violation of labor legislation by the employer
• During induction or military service
• Death of the employee

The severance pay is determined by multiplying one-quarter of the employee's average salary by the number of years worked by the employee at the company. Severance pay cannot be less than 3 times the monthly average salary of the employee.

Minimum Wage

Tajikistan's minimum wage is set by decree. In areas with unfavorable climatic conditions, additional allowances and coefficients may be added to the minimum wage.

The current minimum wage is set to TJS 600 (Tajiki Somoni) per month, and will increase to TJS 800 per month from July 2024.

Employees' wages are paid based on hourly or monthly tariff rates, which are determined by the labor contract or collective agreement. The period of payment is established by the employment contract or collective agreements, but it cannot be less than once every 15 days.

Overtime, Holiday & Vacation Pay

Tajikistan's labor law defines normal working hours as 40 hours per week and 8 hours per day. If an employee works beyond the stipulated hours, they are entitled to overtime pay. Overtime must not exceed 2 hours for work in unhealthy and strenuous working conditions and 4 hours for other non-hazardous work. Daily working hours must never exceed 12 hours per day. An employee cannot work overtime for 2 consecutive days. Female employees who are pregnant or have children under the age of 3 years are not allowed to work overtime. Also, employees under the age of 18 years are not allowed to work overtime.

Payment for overtime work cannot be less than twice the employee's normal hourly wages.

During holidays, work is allowed if a delay is not possible due to industrial or technical conditions, a need to serve the population, or urgent maintenance, loading, and discharging activities. Work performed on holiday must be compensated at twice the normal hourly rate.

Employees are guaranteed a wage rate not less than their average monthly salary during their annual leave.

Visas

In Tajikistan, the following categories of visas are issued:

• The "D" type diplomatic visa is issued to heads of state, chairmen of foreign states, diplomatic agents, etc.
• The "H" type service visa is issued to members of foreign official delegations, technical and administrative services of diplomatic missions, consular officials, employees of international organizations in Tajikistan, etc.
• The "C" type investment visa is issued to heads of companies and companies actively investing in Tajikistan.
• The "C" type work visa is issued to foreign citizens, stateless persons, and their family members who visit Tajikistan for business purposes.
• The "M" type labor visa is issued to foreign citizens and their families to work in Tajikistan.
• The "T" type tourist visa is issued to foreign citizens and stateless persons who travel to Tajikistan as tourists.
• The "O1" and "O2" type educational visas – The O1 visa is issued to foreign citizens and stateless citizens who visit Tajikistan to obtain education and entry into educational institutions. The O2 visa is issued to foreign citizens to attend training, conduct scientific research, etc.
• The "X1" and "PS2" type private visas – The X1 visa is issued to foreign citizens and stateless persons who visit Tajikistan for medical treatment. The PS2 visa is issued to former Tajikistan citizens and family members of citizens for a temporary stay.
• The FEZ type visa is issued to foreign citizens and stateless persons who perform labor, business, and commercial activities within the free economic zones' territory.
• The "N" type transport visa is issued to foreign citizens and stateless persons who are drivers of vehicles that perform international freight trips.
• The "DD" type visa for permanent residence is issued to foreign citizens and stateless persons who applied for permanent residence in Tajikistan.
• The "J" type visa is issued to correspondents, publishers, journalists, and other foreign mass media.
• The "TB" type visa is issued to foreign citizens and stateless persons who are officially registered or who are registered in the religious organizations in the Republic of Tajikistan.
• The "B" type humanitarian visa is issued to foreign nationals and stateless persons who come to Tajikistan for humanitarian aid.
• The "RT" type transit visa is issued to tourists traveling to their destination via air or road transport for a duration of 72 hours.
• The "Exit" visa is issued to individuals whose labor contract or education contract is terminated.

Work Permits

Foreign citizens who wish to work in Tajikistan must obtain an "M" type work visa. This visa is issued for a period of not more than three months. The Consular Department of the Ministry of Foreign Affairs can extend the visa for a period of one year. To apply for this visa, the following documents need to be attached to the applicant's petition:

• Authorization from the Migratory Service of the Ministry of Labor of the Republic of Tajikistan
• Copy of employment contract