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> GOVERNANCE - home > Employment protection legislation database - EPLex > Tajikistan

Tajikistan - Procedural requirements for individual dismissals


+ show references

Notification to the worker to be dismissed: written

Remarks:
  • Art. 45 LC

Notice period:
Remarks:
  • Art. 45 (1) LC: Employer must in written form let the worker know about employers' intentions to terminate the labour contract.
    - The worker should be notified no less than two months prior to the termination of the contract if the reason for that termination is the liquidation of the organization or the termination of the activity of the employer (individual, reduction in the number or staff of employees);
    - The worker should be notified no less than a month prior to the termination of the contract if the reason for that termination is due to worker’s lack of qualifications or for health reasons.
    • tenure ≥ 6 months
      • economic dismissal - 2 month(s).
      • dismissal based on worker's capacity - 1 month(s).
    • tenure ≥ 9 months
      • economic dismissal - 2 month(s).
      • dismissal based on worker's capacity - 1 month(s).
    • tenure ≥ 2 years
      • economic dismissal - 2 month(s).
      • dismissal based on worker's capacity - 1 month(s).
    • tenure ≥ 4 years
      • economic dismissal - 2 month(s).
      • dismissal based on worker's capacity - 1 month(s).
    • tenure ≥ 5 years
      • economic dismissal - 2 month(s).
      • dismissal based on worker's capacity - 1 month(s).
    • tenure ≥ 10 years
      • economic dismissal - 2 month(s).
      • dismissal based on worker's capacity - 1 month(s).
    • tenure ≥ 20 years
      • economic dismissal - 2 month(s).
      • dismissal based on worker's capacity - 1 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • In this case according to the Art. 45 LC the employee shall be paid the compensation in the amount not lower than the average daily wage for each day remaining before the expiration.

    Notification to the public administration: Yes

    Remarks:
    • Update as of 2016: Art. 45 (4) LC states that the employer must notify relevant authorities on labour on impending dismissal of employees by indicating their qualification and salary.

    Notification to workers' representatives: Yes

    Remarks:
    • Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: Yes

    Remarks:
    • Update as of 2016: Art. 44 LC does not clearly state that the employer cannot proceed with the termination of the contract without workers representatives' approval. The article, however, sets procedural clarity for notification/coordination between the parties.
      The employer must notify workers representatives two weeks in advance (Art 44(1)); the workers representatives must reply back in 10 days (Art 44 (2)); the employer has a right to terminate the contract not later than one month after receiving the agreement of the workers representatives.
      So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Art. 45 LC

    Notice period:
    Remarks:
    • Art. 45 (1) LC: Employer must in written form let the worker know about employers' intentions to terminate the labour contract.
      - The worker should be notified no less than two months prior to the termination of the contract if the reason for that termination is the liquidation of the organization or the termination of the activity of the employer (individual, reduction in the number or staff of employees);
      - The worker should be notified no less than a month prior to the termination of the contract if the reason for that termination is due to worker’s lack of qualifications or for health reasons.
      • tenure ≥ 6 months
        • economic dismissal - 2 month(s).
        • dismissal based on worker's capacity - 1 month(s).
      • tenure ≥ 9 months
        • economic dismissal - 2 month(s).
        • dismissal based on worker's capacity - 1 month(s).
      • tenure ≥ 2 years
        • economic dismissal - 2 month(s).
        • dismissal based on worker's capacity - 1 month(s).
      • tenure ≥ 4 years
        • economic dismissal - 2 month(s).
        • dismissal based on worker's capacity - 1 month(s).
      • tenure ≥ 5 years
        • economic dismissal - 2 month(s).
        • dismissal based on worker's capacity - 1 month(s).
      • tenure ≥ 10 years
        • economic dismissal - 2 month(s).
        • dismissal based on worker's capacity - 1 month(s).
      • tenure ≥ 20 years
        • economic dismissal - 2 month(s).
        • dismissal based on worker's capacity - 1 month(s).

      Pay in lieu of notice: Yes

      Remarks:
      • In this case according to the Art. 45 LC the employee shall be paid the compensation in the amount not lower than the average daily wage for each day remaining before the expiration.

      Notification to the public administration: Yes

      Remarks:
      • Update as of 2016: Art. 45 (4) LC states that the employer must notify relevant authorities on labour on impending dismissal of employees by indicating their qualification and salary.

      Notification to workers' representatives: Yes

      Remarks:
      • Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract.

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: Yes

      Remarks:
      • Update as of 2016: Art. 44 LC does not clearly state that the employer cannot proceed with the termination of the contract without workers representatives' approval. The article, however, sets procedural clarity for notification/coordination between the parties.
        The employer must notify workers representatives two weeks in advance (Art 44(1)); the workers representatives must reply back in 10 days (Art 44 (2)); the employer has a right to terminate the contract not later than one month after receiving the agreement of the workers representatives.
        So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • Art. 45 LC

      Notice period:
      Remarks:
      • Art. 45 (1) LC: Employer must in written form let the worker know about employers' intentions to terminate the labour contract.
        - The worker should be notified no less than two months prior to the termination of the contract if the reason for that termination is the liquidation of the organization or the termination of the activity of the employer (individual, reduction in the number or staff of employees);
        - The worker should be notified no less than a month prior to the termination of the contract if the reason for that termination is due to worker’s lack of qualifications or for health reasons.
        • tenure ≥ 6 months
          • economic dismissal - 2 month(s).
          • dismissal based on worker's capacity - 1 month(s).
        • tenure ≥ 9 months
          • economic dismissal - 2 month(s).
          • dismissal based on worker's capacity - 1 month(s).
        • tenure ≥ 2 years
          • economic dismissal - 2 month(s).
          • dismissal based on worker's capacity - 1 month(s).
        • tenure ≥ 4 years
          • economic dismissal - 2 month(s).
          • dismissal based on worker's capacity - 1 month(s).
        • tenure ≥ 5 years
          • economic dismissal - 2 month(s).
          • dismissal based on worker's capacity - 1 month(s).
        • tenure ≥ 10 years
          • economic dismissal - 2 month(s).
          • dismissal based on worker's capacity - 1 month(s).
        • tenure ≥ 20 years
          • economic dismissal - 2 month(s).
          • dismissal based on worker's capacity - 1 month(s).

        Pay in lieu of notice: Yes

        Remarks:
        • In this case according to the Art. 45 LC the employee shall be paid the compensation in the amount not lower than the average daily wage for each day remaining before the expiration.

        Notification to the public administration: Yes

        Remarks:
        • Update as of 2016: Art. 45 (4) LC states that the employer must notify relevant authorities on labour on impending dismissal of employees by indicating their qualification and salary.

        Notification to workers' representatives: Yes

        Remarks:
        • Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract.

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: Yes

        Remarks:
        • Update as of 2016: Art. 44 LC does not clearly state that the employer cannot proceed with the termination of the contract without workers representatives' approval. The article, however, sets procedural clarity for notification/coordination between the parties.
          The employer must notify workers representatives two weeks in advance (Art 44(1)); the workers representatives must reply back in 10 days (Art 44 (2)); the employer has a right to terminate the contract not later than one month after receiving the agreement of the workers representatives.
          So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • Art. 45 LC

        Notice period:
        Remarks:
        • Art. 45 (1) LC: Employer must in written form let the worker know about employers' intentions to terminate the labour contract.
          - The worker should be notified no less than two months prior to the termination of the contract if the reason for that termination is the liquidation of the organization or the termination of the activity of the employer (individual, reduction in the number or staff of employees);
          - The worker should be notified no less than a month prior to the termination of the contract if the reason for that termination is due to worker’s lack of qualifications or for health reasons.
          • tenure ≥ 6 months
            • economic dismissal - 2 month(s).
            • dismissal based on worker's capacity - 1 month(s).
          • tenure ≥ 9 months
            • economic dismissal - 2 month(s).
            • dismissal based on worker's capacity - 1 month(s).
          • tenure ≥ 2 years
            • economic dismissal - 2 month(s).
            • dismissal based on worker's capacity - 1 month(s).
          • tenure ≥ 4 years
            • economic dismissal - 2 month(s).
            • dismissal based on worker's capacity - 1 month(s).
          • tenure ≥ 5 years
            • economic dismissal - 2 month(s).
            • dismissal based on worker's capacity - 1 month(s).
          • tenure ≥ 10 years
            • economic dismissal - 2 month(s).
            • dismissal based on worker's capacity - 1 month(s).
          • tenure ≥ 20 years
            • economic dismissal - 2 month(s).
            • dismissal based on worker's capacity - 1 month(s).

          Pay in lieu of notice: Yes

          Remarks:
          • In this case according to the Art. 45 LC the employee shall be paid the compensation in the amount not lower than the average daily wage for each day remaining before the expiration.

          Notification to the public administration: Yes

          Remarks:
          • Update as of 2016: Art. 45 (4) LC states that the employer must notify relevant authorities on labour on impending dismissal of employees by indicating their qualification and salary.

          Notification to workers' representatives: Yes

          Remarks:
          • Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract.

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: Yes

          Remarks:
          • Update as of 2016: Art. 44 LC does not clearly state that the employer cannot proceed with the termination of the contract without workers representatives' approval. The article, however, sets procedural clarity for notification/coordination between the parties.
            The employer must notify workers representatives two weeks in advance (Art 44(1)); the workers representatives must reply back in 10 days (Art 44 (2)); the employer has a right to terminate the contract not later than one month after receiving the agreement of the workers representatives.
            So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Art. 45 LC

          Notice period:
          Remarks:
          • Art. 45 (1) LC: Employer must in written form let the worker know about employers' intentions to terminate the labour contract.
            - The worker should be notified no less than two months prior to the termination of the contract if the reason for that termination is the liquidation of the organization or the termination of the activity of the employer (individual, reduction in the number or staff of employees);
            - The worker should be notified no less than a month prior to the termination of the contract if the reason for that termination is due to worker’s lack of qualifications or for health reasons.
            • tenure ≥ 6 months
              • economic dismissal - 2 month(s).
              • dismissal based on worker's capacity - 1 month(s).
            • tenure ≥ 9 months
              • economic dismissal - 2 month(s).
              • dismissal based on worker's capacity - 1 month(s).
            • tenure ≥ 2 years
              • economic dismissal - 2 month(s).
              • dismissal based on worker's capacity - 1 month(s).
            • tenure ≥ 4 years
              • economic dismissal - 2 month(s).
              • dismissal based on worker's capacity - 1 month(s).
            • tenure ≥ 5 years
              • economic dismissal - 2 month(s).
              • dismissal based on worker's capacity - 1 month(s).
            • tenure ≥ 10 years
              • economic dismissal - 2 month(s).
              • dismissal based on worker's capacity - 1 month(s).
            • tenure ≥ 20 years
              • economic dismissal - 2 month(s).
              • dismissal based on worker's capacity - 1 month(s).

            Pay in lieu of notice: Yes

            Remarks:
            • In this case according to the Art. 45 LC the employee shall be paid the compensation in the amount not lower than the average daily wage for each day remaining before the expiration.

            Notification to the public administration: Yes

            Remarks:
            • Update as of 2016: Art. 45 (4) LC states that the employer must notify relevant authorities on labour on impending dismissal of employees by indicating their qualification and salary.

            Notification to workers' representatives: Yes

            Remarks:
            • Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract.

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: Yes

            Remarks:
            • Update as of 2016: Art. 44 LC does not clearly state that the employer cannot proceed with the termination of the contract without workers representatives' approval. The article, however, sets procedural clarity for notification/coordination between the parties.
              The employer must notify workers representatives two weeks in advance (Art 44(1)); the workers representatives must reply back in 10 days (Art 44 (2)); the employer has a right to terminate the contract not later than one month after receiving the agreement of the workers representatives.
              So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • Art. 45 LC

            Notice period:
            Remarks:
            • Art. 45 (1) LC: Employer must in written form let the worker know about employers' intentions to terminate the labour contract.
              - The worker should be notified no less than two months prior to the termination of the contract if the reason for that termination is the liquidation of the organization or the termination of the activity of the employer (individual, reduction in the number or staff of employees);
              - The worker should be notified no less than a month prior to the termination of the contract if the reason for that termination is due to worker’s lack of qualifications or for health reasons.
              • tenure ≥ 6 months
                • economic dismissal - 2 month(s).
                • dismissal based on worker's capacity - 1 month(s).
              • tenure ≥ 9 months
                • economic dismissal - 2 month(s).
                • dismissal based on worker's capacity - 1 month(s).
              • tenure ≥ 2 years
                • economic dismissal - 2 month(s).
                • dismissal based on worker's capacity - 1 month(s).
              • tenure ≥ 4 years
                • economic dismissal - 2 month(s).
                • dismissal based on worker's capacity - 1 month(s).
              • tenure ≥ 5 years
                • economic dismissal - 2 month(s).
                • dismissal based on worker's capacity - 1 month(s).
              • tenure ≥ 10 years
                • economic dismissal - 2 month(s).
                • dismissal based on worker's capacity - 1 month(s).
              • tenure ≥ 20 years
                • economic dismissal - 2 month(s).
                • dismissal based on worker's capacity - 1 month(s).

              Pay in lieu of notice: Yes

              Remarks:
              • In this case according to the Art. 45 LC the employee shall be paid the compensation in the amount not lower than the average daily wage for each day remaining before the expiration.

              Notification to the public administration: Yes

              Remarks:
              • Update as of 2016: Art. 45 (4) LC states that the employer must notify relevant authorities on labour on impending dismissal of employees by indicating their qualification and salary.

              Notification to workers' representatives: Yes

              Remarks:
              • Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract.

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: Yes

              Remarks:
              • Update as of 2016: Art. 44 LC does not clearly state that the employer cannot proceed with the termination of the contract without workers representatives' approval. The article, however, sets procedural clarity for notification/coordination between the parties.
                The employer must notify workers representatives two weeks in advance (Art 44(1)); the workers representatives must reply back in 10 days (Art 44 (2)); the employer has a right to terminate the contract not later than one month after receiving the agreement of the workers representatives.
                So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • Art. 45 LC

              Notice period:
              Remarks:
              • Art. 45 (1) LC: Employer must in written form let the worker know about employers' intentions to terminate the labour contract.
                - The worker should be notified no less than two months prior to the termination of the contract if the reason for that termination is the liquidation of the organization or the termination of the activity of the employer (individual, reduction in the number or staff of employees);
                - The worker should be notified no less than a month prior to the termination of the contract if the reason for that termination is due to worker’s lack of qualifications or for health reasons.
                • tenure ≥ 6 months
                  • economic dismissal - 2 month(s).
                  • dismissal based on worker's capacity - 1 month(s).
                • tenure ≥ 9 months
                  • economic dismissal - 2 month(s).
                  • dismissal based on worker's capacity - 1 month(s).
                • tenure ≥ 2 years
                  • economic dismissal - 2 month(s).
                  • dismissal based on worker's capacity - 1 month(s).
                • tenure ≥ 4 years
                  • economic dismissal - 2 month(s).
                  • dismissal based on worker's capacity - 1 month(s).
                • tenure ≥ 5 years
                  • economic dismissal - 2 month(s).
                  • dismissal based on worker's capacity - 1 month(s).
                • tenure ≥ 10 years
                  • economic dismissal - 2 month(s).
                  • dismissal based on worker's capacity - 1 month(s).
                • tenure ≥ 20 years
                  • economic dismissal - 2 month(s).
                  • dismissal based on worker's capacity - 1 month(s).

                Pay in lieu of notice: Yes

                Remarks:
                • In this case according to the Art. 45 LC the employee shall be paid the compensation in the amount not lower than the average daily wage for each day remaining before the expiration.

                Notification to the public administration: Yes

                Remarks:
                • Update as of 2016: Art. 45 (4) LC states that the employer must notify relevant authorities on labour on impending dismissal of employees by indicating their qualification and salary.

                Notification to workers' representatives: Yes

                Remarks:
                • Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract.

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: Yes

                Remarks:
                • Update as of 2016: Art. 44 LC does not clearly state that the employer cannot proceed with the termination of the contract without workers representatives' approval. The article, however, sets procedural clarity for notification/coordination between the parties.
                  The employer must notify workers representatives two weeks in advance (Art 44(1)); the workers representatives must reply back in 10 days (Art 44 (2)); the employer has a right to terminate the contract not later than one month after receiving the agreement of the workers representatives.
                  So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • Art. 45 LC

                Notice period:
                Remarks:
                • Art. 45 (1) LC: Employer must in written form let the worker know about employers' intentions to terminate the labour contract.
                  - The worker should be notified no less than two months prior to the termination of the contract if the reason for that termination is the liquidation of the organization or the termination of the activity of the employer (individual, reduction in the number or staff of employees);
                  - The worker should be notified no less than a month prior to the termination of the contract if the reason for that termination is due to worker’s lack of qualifications or for health reasons.
                  • tenure ≥ 6 months
                    • economic dismissal - 2 month(s).
                    • dismissal based on worker's capacity - 1 month(s).
                  • tenure ≥ 9 months
                    • economic dismissal - 2 month(s).
                    • dismissal based on worker's capacity - 1 month(s).
                  • tenure ≥ 2 years
                    • economic dismissal - 2 month(s).
                    • dismissal based on worker's capacity - 1 month(s).
                  • tenure ≥ 4 years
                    • economic dismissal - 2 month(s).
                    • dismissal based on worker's capacity - 1 month(s).
                  • tenure ≥ 5 years
                    • economic dismissal - 2 month(s).
                    • dismissal based on worker's capacity - 1 month(s).
                  • tenure ≥ 10 years
                    • economic dismissal - 2 month(s).
                    • dismissal based on worker's capacity - 1 month(s).
                  • tenure ≥ 20 years
                    • economic dismissal - 2 month(s).
                    • dismissal based on worker's capacity - 1 month(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • In this case according to the Art. 45 LC the employee shall be paid the compensation in the amount not lower than the average daily wage for each day remaining before the expiration.

                  Notification to the public administration: Yes

                  Remarks:
                  • Update as of 2016: Art. 45 (4) LC states that the employer must notify relevant authorities on labour on impending dismissal of employees by indicating their qualification and salary.

                  Notification to workers' representatives: Yes

                  Remarks:
                  • Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract.

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: Yes

                  Remarks:
                  • Update as of 2016: Art. 44 LC does not clearly state that the employer cannot proceed with the termination of the contract without workers representatives' approval. The article, however, sets procedural clarity for notification/coordination between the parties.
                    The employer must notify workers representatives two weeks in advance (Art 44(1)); the workers representatives must reply back in 10 days (Art 44 (2)); the employer has a right to terminate the contract not later than one month after receiving the agreement of the workers representatives.
                    So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.