Remarks: Official publication details not known. However, §153 states that from the commencement of this law, the Labour Code of 1999 as published in Official Gazette 790 dated 22 Rajab 1420 Islamic lunar year (1 November 1999) is abrogated.
The Labour Code is expressed as coordinating the general work relations of all government employees, workers and contractors, including local and foreigners with their respective organisations. These employees include the following: 1. Ministries and governmental organisation workers and employees, independent commissions and national and international non-governmental organisations; 2. Administrative employees of elected organisations (the National Assembly, the Provincial, District and Village Councils) and the military organisations, police and national security. It also covers foreign workers and persons working in diplomatic missions of Afghanistan abroad (Labour Code 2007 §§3,5,6,7).
Other source used
2010 Country Reports on Human Rights Practices - Afghanistan; A report submitted to the Congress by the Department of State in compliance with Sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (FAA), as amended. Published 8 April 2011, accessed on 13 April 2011.
Employee means government employees, workers and the contractors, inclusive of male and female.
Worker means the person that is recruited on a contractual basis.
Labour Code 2007 §3(2), (4)
Employer
Employer is a particular person that the employee is recruited based on his/her agreement or in consultation with him. The employees’ salary and other relevant allowances are fixed either by or through him. Employer executes the salary and other allowances of the employee.
Labour Code 2007 §3(7)
Remarks: While the term 'employer' is defined as set out above, the scope of the Labour Code is determined by reference to the term 'organisation', which is defined to mean ministries, government and non-government organisations, independent commissions, enterprise private sectors, joint ventures and the international organisations operating in the Islamic Republic of Afghanistan where the workers work.
Wage
Wage is an amount paid to the employee against his performance.
Wage supplementary is an additional fund paid to the worker on specific occasions for the workers’ particular performance on the basis of legislative documents.
Labour Code 2007 §3(8), (10)
Remarks: Allowances are the financial gainings that are regularly paid to the workers for his/her satisfactory performance based on the rules of the relevant law (§3(9)).
MINIMUM WAGE FIXING
Procedure
Wage levels are to be set by individual employers in accordance with §62 of the Labour Code, but cannot fall below the minimum wage set by the government for its employees. Individual wage rates are to be awarded on the basis of the quality and quantity of the work and with due regard to grades, ranks and the given post.
Labour Code 2007 §§8, 59, 62
Procedure in general
The procedure for setting amount and conditions of payment of wages for different employees differs according to the employing entity.
For government employees and employees of government-controlled entities, the minimum wage is set by the relevant ministries. No process or criteria are prescribed for this determination.
Social organisations are to set wages in accordance with their constitutions and non-government organisations, private and joint enterprises and international organisations set wages by mutual agreement. However, none can determine a wage level that is lower than the minimum amount fixed by the government for its employees.
Labour Code 2007 §62
Government decides alone
The minimum wage for employees of the government, and of mixed enterprises in which the government has more than a 50% capital share, shall be determined by the Ministries of Labour, Social Affairs, Martyrs and Disabled and of Finance and Civil Service Commission.
Labour Code 2007 §62(1)(i)
Remarks: Social organisations are to determine the wages of their employees by their respective constitutions under §62(1)(ii). Non-government organisations, private and joint enterprises and international organisations resident in Afghanistan are to determine wages by mutual agreements under §62(1)(iii). However, the wages set by these other employing entities cannot be less than the minimum amount fixed by the government for its employees (§§59, 62(2)).
Criteria
No statutory criteria for minimum wage adjustments identified.
Labour Code 2007
Coverage
The coverage mirrors the scope of the Labour Code.
Labour Code 2007 §5
Scope
The Labour Code is expressed as coordinating the general work relations of all employees including local and foreigners with their respective organisations. These employees include the following: 1. Ministries and governmental organisation workers and employees, independent commissions and national and international non-governmental organisations; 2. Administrative employees of elected organisations (the National Assembly, the Provincial, District and Village Councils) and the military organisations, police and national security.
Labour Code 2007 §5(1)
Level
Minimum wage level(s) in national currency
The minimum wage for government workers is reported as 4,000 afghanis per month.
2010 Country Reports on Human Rights Practices - Afghanistan p52
Last minimum wage update
The date of the last minimum wage update has not been identified. Rather, the Afghani public sector is undergoing a staged process of pay and grading reform.
1390 National Budget Statement Draft See p43 for explanation of Pay and Grading reforms
In-kind allowances
The monetary privilege of the educational certificates/documents is considered as a part of wages. Employees are entitled to food allowance based on the market rate.
Labour Code 2007 §§60, 61
Rate of payment
The employee’s wage is paid either on the basis of the time of work, i.e. monthly, 15 days, and weekly (hours based), or on the basis of the work done or goods produced (payment by result, piece-work).
Labour Code 2007 §64(1)
Specific provisions
The wage is paid to the employee according to the quantity and quality of work, with due regard to the rank, grade, post or profession, work period (apprenticeship for the work) as well as other conditions, taking account of the relevant legislative documents. If an employee, by reasons of his/her talent, qualification and experience, is assigned a higher position, his/her pay will be regulated according to the pay-scale of the position. If an employee of a higher rank is appointed to a lower rank by the exigencies of the organisation, his/her wage will be paid on the basis of the wage-scale of his rank. It is not permissible to discriminate in the payment of wages.
Labour Code 2007 §59
Scheduled frequency of adjustment
No statutory adjustment rate identified.
Labour Code 2007
Enforcement mechanisms
Any kinds of disputes arising from work, between organisation and employee and trainee, can be settled by the direct understanding of the organisation and the employee or trainee, on basis of the provisions of this Code and the supplement regulations and orders in relation to work.
In the event that the dispute will not be resolved by understanding between the parties, it shall be investigated and resolved by the intervention of the relevant trade union and, in second step, by the High Commission for resolving disputes or by the authorised court.
Labour Code 2007 §131
Remarks: Article 133 provides that the establishment of Dispute Settlement Commissions, and procedure for addressing work related differences, are to be regulated by respective legislative documents. No relevant documents identified.
Labour inspection
No laws establishing a labour inspectorate identified.
Fines in national currency for non-respect of legislation
No fines in national currency for non-respect of legislation.
Other penalties
No other penalties identified.
Results generated on: 19th April 2024 at 05:15:52.
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