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Turkmenistan - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Turkmenistan - 2019    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 40 and art. 44 LC


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 42 LC provides that the reasons for dismissal can be the following:
    - 1) liquidation of the enterprise or termination of activities by an individual employer;
    - 2) a reduction in the number or staff of workers, including in connection with changes in production technology, organization of labor, reduction in the volume of work;
    - 3) the employee’s inconsistencies with the position held or the work performed due to insufficient qualifications, including those confirmed by the certification results;
    - 4) change of the owner of the enterprise (in relation to the head of the enterprise, his deputies and the chief accountant) in accordance with the first part of Article 37 of this Code;
    - 5) absence from work for more than four months in a row due to temporary disability, not counting the period of maternity leave, unless the legislation of Turkmenistan establishes a longer term for maintaining a place of work (position) for a specific disease. For employees who have lost their ability to work due to labor injury or occupational disease, the place of work (position) is maintained until the restoration of working capacity or the establishment of disability;
    - 6) systematic non-performance by an employee without valid excuses of employment duties assigned to him by the employment contract or the internal labor regulations of the enterprise, if the employee has previously been subject to disciplinary measures;
    - 7) absenteeism, including absence from work without good reason for more than three hours during the working day;
    - 8) appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
    - 9) the disclosure of secrets protected by the legislation of Turkmenistan (state, commercial, official and other), which became known to the employee in connection with the performance of his job duties;
    - 10) commission at the place of work of embezzlement of property, embezzlement, its deliberate destruction or damage established by a valid court verdict or decision of the body whose competence includes the imposition of an administrative penalty;
    - 11) violation by an employee of labor protection requirements, if this violation entailed grave consequences (work accident, accident, catastrophe) or deliberately created a real threat of such consequences;
    - 12) in case of revealing the fact of submission by the employee to the employer of forged documents or knowingly false information when concluding an employment contract;
    - 13) stipulated by the employment contract with the head of the enterprise, members of the executive body of the enterprise;
    - 14) in other cases established by this Code.


Prohibited grounds: pregnancy; race; sex; religion; political opinion; social origin; nationality/national origin; disabilities; language; property; place of residence; ethnic origin
Remarks:
  • Art. 7 LC: prohibition of discrimination in employment based on: nationality, race, sex, origin, property or employment status, residence, language, age, religion, political beliefs, party affiliation or lack of affiliation to any party.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities; minors
Remarks:
  • Art. 241 LC
    Art. 257 LC