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Tajikistan - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Tajikistan - 2015    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 46 of the LC states that the termination must be justified by the employer.


Valid grounds (justified dismissal): worker's capacity; worker's conduct; economic reasons
Remarks:
  • Article 46. lists the following valid reasons for the termination of employment of a contract of an indefinite duration:

    1) liquidation of the organization; termination of the activities of the employer; downsizing or staff;
    2) a mismatch of the employee position or work because of poor training, or health status, which are preventing the continuation of this work;
    3) systematic failure of a culpable employee without good reason in the performance of job duties assigned to him/her by the labour agreement or by the internal labour regulations, if an employee previously employed disciplinary action;
    4) absenteeism (including the absence of more than three hours during the day) without a good reason;
    5) absence from work for more than four consecutive months due to temporary disability, not including maternity leave, unless the law is set longer-term preservation of jobs (positions) with a certain disease. For employees unable to work due to injury or occupational disease, work place (position) is maintained until rehabilitation or establishment of invalidity;
    6) coming to work drunk, of under drugs or toxic substances;
    7) committing theft in the workplace
    8) termination of employment contract (contract) with the part-taking in connection with another employee who is not a part-time, and because of restrictions on moonlighting;
    9) termination of employment contract (contract) with the head of the organization in connection with the change of ownership;
    10) single gross violation of labour law by heads the organization (separate its divisions) and their deputies;
    11) guilty of committing an employee, directly serving the financial and commodity values, actions, giving rise to loss of confidence in him by the employer;
    12) Commission employees who perform educational functions and who commuted an immoral act that is incompatible with the continuation of this work;
    13) violation of statutory procedures and rules for employment.
    Laws, statutes and regulations on discipline may also provide other additional grounds for termination of employment (contract) by the employer.
    Termination of the employment agreement (contract) on the grounds referred to in paragraph 1 (except when liquidation), in paragraph 2, paragraph 2 of Article 53 of the Labour Code will be permitted if the employer can not transfer the employee with his or her consent to another job.
    The termination of employment is not allowed during the period of temporary disability (other than dismissal under paragraph 5 of this article) and the period when the employee is on leave, except in cases of the liquidation of the organization, or the termination of the activities of the employer.


Prohibited grounds: pregnancy; race; colour; sex; religion; political opinion; social origin; age; place of residence; ethnic origin
Remarks:
  • Prohibited grounds are:ethnic origin, race, colour, sex, age, religion, political opinion, place of birth, national extraction or social origin, pregnant women and women with children under the age of three years, single mothers if they have a disabled child under sixteen years.

    Art. 7 LC - provision on non discrimination.
    Art.172 LC


Workers enjoying special protection: pregnant women and/or women on maternity leave
Remarks:
  • Art. 172 LC provides for a protection of the termination of employment for pregnant women and women with children under the age of three years, single mothers if they have a disabled child under sixteen years, except for cases of complete liquidation of the organization, when the termination of the employment contract (contract) is permitted ,however they should be assisted by the government agencies with finding a suitable work and employment.