COUNTRY

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).

Tajikistan's Labor Code provides employees with annual leave of at least 24 calendar days, which cannot be substituted by compensation. Holidays that occur during the leave period are not considered leaves. Employees who are less than 18 years of age or disabled receive 30 calendar days of annual leave. Certain categories of employees are eligible for extended leave based on their working conditions.

In Tajikistan, an employee becomes eligible for annual leave after 11 months of continuous employment at the same company. Employees can break their annual leave into parts of at least 12 calendar days each. Employees can also extend their annual leave in the following circumstances:

• Temporary disability
• Maternity leave
• When annual leave coincides with academic leave
• When carrying out official or other public responsibilities

During the annual leave period, the employee is guaranteed a wage rate not less than their average monthly salary. When an employee's contract is terminated before they could utilize their annual leave, they are paid compensation in lieu of it. It is prohibited not to give leave for 2 consecutive years.

Employees must inform their employer of any sickness that requires them to be absent from work in addition to the expected duration of their absence. This information must be reported as soon as possible (generally the first day of sick leave). Where an employee has been absent due to illness for three consecutive days, they must provide proof of medical consultation upon their return to work.

Tajik employees can claim sickness benefits from the social insurance system while on sick leave. Sickness benefits pay 65% of the insured's earnings for up to 4 months (12 months if suffering from tuberculosis) where the employee has less than 8 years of continuous employment. Where the employee has 8 years or more of continuous employment or if they care for 3 or more children younger than age 16 (age 20 if the children are students), the sickness benefits pay 75% of the insured's earnings for the same period. Finally, the sickness benefits pay 100% of the insured's earnings if the absence is due to a work injury or occupational disease.

Tajikistan's Labor Code does not specify the duration of sick leave that an employee can take.

Tajikistan's labor law provides mothers with 70 calendar days of paid maternity leave before childbirth and 70 days of paid maternity leave after childbirth (86 days before and after for births with labor complications and 110 days before and after for multiple births). Maternity benefits are paid from the state social insurance fund. 100% of the mother's insured earnings are paid for the duration of her maternity leave.

In case of death of an employee during childbirth, her leave and benefits can be transferred to the child's father.

Tajikistan's Labor Code does not contain any provisions regarding paternity leave. In case of maternal death, deprivation of maternity rights, prolonged stay in a medical institution and in other cases the inability of the mother to care for the child, the maternity benefits of up to 70 days (or 110 days in case of multiple births) can be transferred to the child's father.

Employers can also grant annual leave to employees for the period of pregnancy of their partner or childbirth at their request.

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.

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.

Pension

To receive a full pension, a male employee must have attained 63 years of age, and female workers must have attained 58 years of age, with contribution either from the employer or the employee for at least 300 months for men and 240 months for women. The age and number of years of contributions required for a full pension are reduced for persons living in remote mountain areas and mothers caring for five or more children (or for children with disabilities).

There are two parts to the monthly pension: insurance pension and reserve pension. The insurance pension is calculated as the number of contributions made to the insured person's pension fund divided by 180. This pension may not be less than 100% of the basic pension amount set by the government. The reserve pension depends on the savings in the individual retirement account (if the employee has chosen to maintain such an account). The reserve portion of the pension is calculated as the total balance divided by the life expectancy.

Employees must pay 1% of their earnings to their mandatory individual accounts. Employers must pay 25% of the payroll to the notional defined contribution (NDC) account.

Dependents/Survivors Benefits

Tajikistan's law provides that for each survivor of the deceased employee, the pension consists of a base pension and part of the insurance pension. The proportion of the insurance pension is calculated based on the number of family members applying for the insurance pension. The deceased must have paid 60 months' contributions.

The survivors pension is paid in equal parts to each eligible survivor. For one survivor, the pension is 100% of the established basic pension. For two survivors, the pension is 150%. For three or more survivors, the pension is 200%.

Employees must pay 1% of their earnings to a mandatory individual account. Employers must pay 25% of the payroll to the notional defined contribution (NDC) account.

Invalidity Benefits

Tajikistan's law provides for disability benefits through compulsory social pension insurance. The disability insurance pension is provided in the event of Group I, II, and III disability as determined by the state commissioner body, which takes into account the degree of disability.

The insurance pension is paid to the employee regardless of the reason for disability, the continuation of work, or whether the disability occurred during the work period, provided that the insurance premium has been paid for at least 60 months.

The disability pension amount is 100% of the old-age insurance pension for Group I disability, 85% for Group II disability, and 70% for Group III disability. The minimum pension for Group I is 150% of the basic pension established by the government, 125% for Group II, and 100% for Group III.

Employees must pay 1% of their earnings to a mandatory individual account. Employers must pay 25% of the payroll to the notional defined contribution (NDC) account.