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


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Tajikistan - 2015    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 197 LC

Compensation for unfair dismissal - Are there legal limits?: No

Reinstatement available: Yes

Remarks:
  • In the event of termination without legal justification or in breach of the order of dismissal or unlawful transfer to another job the employee must be reinstated in his/her previous job at the same workplace. In reaching a decision on reinstatement the court is considering the labor dispute, and can order employer to pay the employee the average monthly wage for the time of enforced idleness, or the difference in pay for run-time paid job, as well as possible compensation for moral damages and additional costs of the appeal or of the transfer or dismissal. (art. 197 LC)

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Remarks:
  • Labour arbitration exists for both individual and collective labour disputes. Article 209 LC contains provisions on labour arbitration. The structure of labor arbitration may include parliamentarians, representatives of trade union bodies, labor and employment experts - experts and other persons, and its composition is determined by the parties. Labor arbitration decisions are binding unless the parties previously entered into an agreement about this. If the conciliation commission and labor arbitration are not able to resolve the differences of the parties, the reasons must be in writing communicated to the union.