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Tajikistan - Maternity protection - 2009


LAST UPDATE

1 December 2009

Data quantity

NORMAL

SOURCES


Name of Act

Labour Code of 15 May 1997 (Text No. 417), as amended up to Act No. 182 of 29 April 2006 to amend the Labour Code of the Republic of Tajikistan (Text No. 195). Akhbori Mazhlisi Olij, 2006-04, No. 4, p. 70

Other source used

Work and Family: The Republic of Tajikistan, ILO, 2007.

MATERNITY LEAVE


Scope

Labour legislation (which includes provisions on maternity leave) and other statutory enactments shall apply to labour relations and associated relationships involving physical persons employed under the terms of an employment contract in enterprises, institutions and other organizations, irrespective of the form of ownership, or working for private individuals, as well as persons who are members or associates of enterprises.
Labour Code §1

Duration


General total duration

140 calendar days (70 days prior to childbirth and 70 after childbirth)
Labour Code §164
Historical data (year indicates year of data collection)
  • 2011: 140 calendar days (70 days prior to childbirth and 70 after childbirth)
  • 2004: One hundred and forty calendar days
  • 1998: n.a.
  • 1994: n.a.

Extension

In case that 2 or more children are born, 110 calendar days after childbirth are granted.
Labour Code §164

Leave in case of illness or complications

In case of complications related to the birth, postnatal leave of 86 days is granted.
Labour Code §84

RELATED TYPES OF LEAVE


Parental leave


Scope

Child-care leave can be taken by the mother, the father, grandmother, grandfather or other relative or guardian who is actually taking care of the child.
Labour Code §165

Qualifying conditions

The persons entitled to child-care leave may take it after the expiry of maternity leave.
Labour Code $165

Length

Paid leave until the child is 18 months old and an additional unpaid leave can be requested until the child reaches 3 years of age.
Labour Code $165

Adoption leave


Scope

Persons who adopt newborn children straight from a maternity home, or acting as guardians of such children, shall be granted paid leave.
Labour Code §166

Length

For a period starting from the day of adoption (establishment of guardianship) and continuing for 70 (or 110 when 2 newborn children are adopted) calendar days from the day of birth of the child.

These persons shall be entitled to additional paid child-care leave until the child reaches the age of 18 months and can request for additional unpaid leave until the child reaches the age of 3.
Labour Code §166

RIGHT TO PART-TIME WORK


General provisions

The persons entitled to child-care leave may also choose to work on a part-time basis or at home and retain the right to receive the State social security allowance.
Labour Code §165

CASH BENEFITS


Maternity leave benefits


Duration

140 days (plus any prolongation of the maternity leave period)
Labour Code §164

Amount

100%
Work and Family: The Republic of Tajikistan, ILO, 2007.
Law of the Republic of Tajikistan on State Social Secuirty: §13
Historical data (year indicates year of data collection)
  • 2011: 100%
  • 2004: No info
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

Social security
Labour Code §164
Historical data (year indicates year of data collection)
  • 2011: Social security
  • 2004: Social security
  • 1998: n.a.
  • 1994: n.a.

Parental leave benefits


Duration

After maternity leave, until the child reaches 18 months of age (ca. 476 days)
Labour Code §165

Amount

n.a. (monthly subsidies)

Financing of benefits

Social security.
Labour Code §165

Adoption leave benefits


Duration

During adoption leave (up to the 70th day after birth) and during child care leave (up 18 months after the birth of the child)
Labour Code §165, 166

Amount

n.a. (monthly subsidies)

Financing of benefits

Social security.
Labour Code §166

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Women workers who have children under the age of 18 months shall be entitled to additional breaks for feeding their children of at least 30 minutes every 3 hours (one hour in case of 2 or more children below 18 months of age). These breaks can be added up to the regular lunch or rest breaks, or can be taken at the beginning of and/or at the end of workdays.
This provision is also applicable to fathers or legal guardians who have to raise the children themselves alone and without the mother for a particular reason (if the mother has died, or has been deprived of other motherhood rights, or has to be away for therapy in medical institutions, or in other cases of the absence of a mother’s care for her children).
Labour Code §167, 173

Remuneration of nursing breaks

Breaks given for feeding children are considered as working time and the average salary of the worker shall remain the same.
Labour Code §167, 173

HEALTH PROTECTION


Arrangement of working time


Night work

It shall not be permitted to recruit women for night work, apart from in those sectors of the national economy where special needs so require. Where team work is organized for women with children under 14 (or 16 in case of disabled children), the services of those women shall preferably be used during the day provided that production needs so permit.
This provision is also applicable to fathers or legal guardians who have to raise the children themselves alone and without the mother for a particular reason (if the mother has died, or has been deprived of other motherhood rights, or has to be away for therapy in medical institutions, or in other cases of the absence of a mother’s care for her children).
Labour Code §161,173

Overtime

Women workers who are pregnant or have children under 3 years of age shall not work overtime or on weekends, holidays or be send on business trips. Those who have children between the ages of 3 and 14 or handicapped children up to age of 16, may work overtime or be sent on business trips only with their consent.
This provision is also applicable to fathers or legal guardians who have to raise the children themselves alone and without the mother for a particular reason (if the mother has died, or has been deprived of other motherhood rights, or has to be away for therapy in medical institutions, or in other cases of the absence of a mother’s care for her children).
Labour Code §162, 173

Other work arrangements

Upon request of pregnant workers, or women who have children under the age of 14, or have handicapped children under the age of 16, including where she acts as a guardian to the child, or have to care of a sick family member, the employer shall give them part-time daily or weekly job. This provision is also applicable to fathers or legal guardians who have to raise the children themselves alone and without the mother for a particular reason (if the mother has died, or has been deprived of other motherhood rights, or has to be away for therapy in medical institutions, or in other cases of the absence of a mother’s care for her children).
Labour Code §168, 173

Dangerous or unhealthy work


General

General provision covering all women:
It shall be forbidden to hire women for underground work, heavy work and work in harmful conditions.
Labour Code §160

Risk assessment


» Transfer to another post

In accordance with a medical report, the rates of output and service shall be reduced for pregnant women or those women shall be transferred to lighter work excluding the influence of hazardous production factors. In this case, women shall continue to receive the average monthly wage which they had been paid for their previous work.
Labour Code §163

» Paid/unpaid leave

Until such time as the issue of providing a pregnant woman with a different, lighter form of work excluding the influence of hazardous production factors is resolved, that woman shall be released from her duties and shall continue to receive her average monthly wage for each working day missed as a result of the above process.
Labour Code §163

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

General provision covering all women:
It shall be forbidden to hire women for work connected with the lifting and transfer by hand of weights exceeding the maximum permitted amounts for such weights.
Labour Code §160

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

All citizens shall be equal in employment relationships. Any distinctions, preference or refusal to hire a worker on grounds of sex, among other reasons, resulting in violation of the principle of equality of opportunity at work, shall be prohibited. Distinctions necessitated by the nature of the work or by the concern of the State for persons in need of enhanced social protection (such as women, young people or disabled persons) shall not constitute discrimination. Persons who believe that they have suffered discrimination in employment shall be entitled to apply to the courts for redress. Refusing to employ women and to reduce their wages for reasons linked to pregnancy or the fact that they have children shall be forbidden. In case of refusal of the employer to sign a labour contract with pregnant women, mothers of children under 3 years of age, or with single mothers with a child below the age of 14 (or 16 if the child is disabled), a written document has to be provided by the employer explaining the reasons of his/her decision. A refusal to offer employment to the persons indicated may be subject to legal appeal. An employer shall be obliged to offer employment to women sent by the employment service for the purposes of finding work and the relevant posts shall be filled in accordance with the established quota.
Labour Code §7, 159

Protection from discriminatory dismissal

The employer shall be prohibited from terminating the employment contracts of pregnant women and women with children under age 3 (and of single mothers with a disabled child below the age of 16), apart from in cases where the enterprise concerned is entirely liquidated, provided that alternative employment is found. Alternative employment shall also be found for the above women by an employer in cases where their employment contract is terminated since the period stipulated in the contract has expired. During the period in which alternative employment is being sought, wages shall continue to be paid but not for more than 3 months from the day on which the fixed employment contract expires.
Labour Code §172

Guaranteed right to return to work

During child-care leave a post shall be retained and leave shall be counted as a continuous period of service. However, periods of leave taken to care for a child shall not be included in the period of service providing entitlement to subsequent paid leave.
Labour Code §165

Results generated on: 23rd October 2014 at 14:25:02.
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