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

Afghanistan - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Afghanistan - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • The LC does not regulate compensation for unfair dismissal. The only provision regarding remedies for unfair dismissal is art. 132 according to which "If the employee is dismissed illegally from job, and re-employed to the previous job after a decision of the Dispute Settlement Commission or a court decision, his/her wages and other benefits of dismissal period is paid as per average wage and other benefit of the last six months prior to dismissal".

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
The LC does not contain any provision on compensation for unfair dismissal.

Reinstatement available: Yes

Remarks:
  • Art. 132 LC.

Preliminary mandatory conciliation: No

Remarks:
  • Conciliation is not compulsory
    Art. 131(1) LC provides that "Any kinds of disputes arising from work, between the organization [employer] and employee or trainee, can be settled by the direct understanding of the organization [employer] and the employee or trainee, on basis of the provisions of this Code and the supplement regulations and orders in relation to work."

Competent court(s) / tribunal(s): ordinary courts; administrative body

Remarks:
  • Art. 132 LC refers to the reinstatement decision of the Dispute Settlement Commissions or the Court.

    The LC states that the establishment and the composition of labour dispute settlement commission and the hearing of labour disputes shall be regulated in accordance with the relevant legislative document. However, no information as to the existence of such regulation was found.

Existing arbitration: No

Remarks:
  • No information found in the legislation reviewed. This might be regulated by a separate law, however no further information was found.