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Turkmenistan
 


Source and scope of regulations - 2019    

References
  • Labour Code, entered into force on 1st July 2009 (in Russian) as last amended in February 2019.

    Date: 18 Jan 2012; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: managerial / executive positions
Remarks:
  • Group of workers excluded from Art.5 LC are:
    1) members of the enterprises’ boards of directors;
    2) workers under civil law contracts;
    3) other persons, if it is established by the legislation of Turkmenistan.

Types of employment contracts - 2019    

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Maximum probationary (trial) period: 6 month(s)

Remarks:
  • Art. 28 LC: The probationary period cannot exceed 3 months for workers and 6 months for managerial employees.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 18 LC
  • Maximum cumulative duration of successive FTCs: 5 year(s)
    Remarks:
    • Art. 18 LC

Substantive requirements for dismissals (justified and prohibited grounds) - 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


Procedural requirements for individual dismissals - 2019    

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Notification to the worker to be dismissed: written

Remarks:
  • Art. 44 LC

Notice period:
    • tenure ≥ 20 years
      • non economic dismissal - 2 week(s).
      • economic dismissal - 2 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 44(2) LC

    Notification to the public administration: No

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 45 LC: Any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: Yes

    Remarks:
    • Art. 45 LC: Any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2019    

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    Definition of collective dismissal (number of employees concerned):
    No

    Prior consultations with trade unions (workers' representatives): Yes

    Remarks:
    • Art. 44(6) LC: The employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.

      In addition, Art. 45 LC: Any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.

    Notification to the public administration: Yes

    Remarks:
    • Art. 44(6) LC: The employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 44(6) LC: The employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: Yes

    Remarks:
    • Art. 44(6) LC: The employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.

      In addition, Art. 45 LC: Any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.

    Priority rules for collective dismissals (social considerations, age, job tenure): Yes

    Remarks:
    • Art. 54 LC: During collective redundancies, the workers with higher productivity and qualification have the preferential right to keep their job. At equal productivity and qualification, the preference not to be dismissed is given to such categories of workers as workers with the tenure of at least 10 years in the entreprise, people with disabilities, workers with two and more dependants, young specialists etc.

    Severance pay and redundancy payment - 2019    

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    Severance pay:
    • tenure ≥ 6 months: 2 week(s)
    • tenure ≥ 9 months: 2 week(s)
    • tenure ≥ 1 year: 2 week(s)
    • tenure ≥ 2 years: 2 week(s)
    • tenure ≥ 4 years: 2 week(s)
    • tenure ≥ 5 years: 2 week(s)
    • tenure ≥ 10 years: 2 week(s)
    • tenure ≥ 20 years: 2 week(s)
    Redundancy payment:
    Remarks:
    • Art. 54 LC
    • tenure ≥ 6 months: 2 month(s)
    • tenure ≥ 9 months: 2 month(s)
    • tenure ≥ 1 year: 2 month(s)
    • tenure ≥ 2 years: 2 month(s)
    • tenure ≥ 4 years: 2 month(s)
    • tenure ≥ 5 years: 2 month(s)
    • tenure ≥ 10 years: 2 month(s)
    • tenure ≥ 20 years: 2 month(s)

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2019    

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    Compensation for unfair dismissal - free determination by court: Yes

    Remarks:
    • Art. 56 LC

    Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
    Art. 56 LC: The judge is free to decide on compensation for unfair dismissal, whose amount cannot be less than three-month wages.

    Reinstatement available: Yes

    Remarks:
    • Art. 56 LC

    Preliminary mandatory conciliation: No

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

    Existing arbitration: No

    Remarks:
    • Art. 370 LC established the order of creating a commission for labour disputes (collective).