Remarks: 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).
LEGAL DEFINITIONS
Working time/working hours
Hours of work are the hours the employees put them and his/her energy under the service of the organisation in order to fulfill a job.
Labour Code 2007 §30(1)
Employee/worker
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.
Organisation means 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.
Labour Code 2007 §3(1), (7)
Overtime/overtime work
Work done outside the ordinary hours of work is considered to be overtime.
Labour Code 2007 §38(1)
Night work(er)
Work at night means 11 consecutive hours starting from 8pm to 7am, arranged by MoLSAMD through internal rules of the organisation.
Labour Code 2007 §32(1)
NORMAL HOURS LIMITS
Daily hours limit
General limit
No statutory limit identified.
Labour Code 2007
Remarks: However, §30(3) of the Labour Code provides for matters relating to the working regime to be determined by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) of the Islamic Republic of Afghanistan, but no relevant determinations identified. See also §36, which refers to a usual working day of 8 hours.
Exceptions
After agreement with the Ministry of Labour, Social Affairs, Martyrs and Disabled, given the nature of the work, the organisation may increase or decrease the number of the hours during the days of the week unless the number of the hours per week exceeds 40 hours.
Further, taking into account the seasons of the year, the Holy month of Ramadan and weather change (severe cold or heat), MoLSAMD may either decrease or increase the number of the working time on a daily or weekly basis unless the total number of the working time in a week exceeds the determined number of working time in a year as set by §30.
Labour Code 2007 §§30(4), 31(5)
Special categories
The daily hours limit for night workers are reduced by an hour.
Labour Code 2007 §32(1)
» Night work
In the event of work during the night, the shift shall be one hour less than day, unless the worker’s hours are reduced in accordance with §31 of the Labour Code or it is not possible to reduce hours during to working and production conditions.
Labour Code 2007 §32
Weekly hours limit
General limit
The ordinary working period, on average, during the course of the year, can not be more than 40 hours per week.
Labour Code 2007 §30(2)
Remarks: Annual level (balance) of working period, general measure to utlisation of working time, commencement and ending of the working period of the workers, shift schedule, chart and other problems relate to the working regime will be determined by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) of the Islamic Republic of Afghanistan (§30(3)). No relevant determinations identified.
Reference period(s)
For the purposes of complying with the weekly hours limit, a worker’s hours may be averaged out over the course of a year.
Further, if the organisation that employees are working continuously and due to a big demand of production, its employees may not observe the fixed number of working time in a week, the employer in calculating the total number of working time on a monthly, quarterly and six month basis may propose a decrease or increase in the working time for its staff to MoLSAMD unless the total number of working time exceeds the fixed number of hours regulated by this code in §30.
Labour Code 2007 §§30(2), 31(6)
Exceptions
Taking into account the seasons of the year, the Holy month of Ramadan and weather change (severe cold or heat), MoLSAMD may either decrease or increase the number of the working time on a daily or weekly basis unless the total number of the working time in a week exceeds the determined number of working time in a year as set by §30.
Exceptions also apply to youths, workers engaged in underground or dangerous work and pregnant women, and may be determined to apply to teachers, professors, health officials and such like whose working time needs to be reduced due to the special features of the work.
Labour Code 2007 §31
Special categories
» Young workers
The weekly working time of youths between 15 and 18 years of age are 35 hours per week.
Labour Code 2007 §31(1)
» Domestic work
Domestic workers are not covered by the Labour Code.
Labour Code 2007 §§3, 5
» Pregnant workers/recent birth
The weekly working time for pregnant women are 35 hours per week.
Labour Code 2007 §31(1)
OVERTIME WORK
Criteria for overtime
Overtime is permitted in specified circumstances.
Labour Code 2007 §38
General
Overtime is permitted in the following cases, subject to the agreement of the employee and employer: 1) for the performance of a piece of work involving essential services for the public welfare; 2) in order to prevent unforeseen production and social accidents (natural ones and removal of their consequences); 3) in order to repair and restore pieces of equipment which, when being idle, would lead to the stoppage of work of a large number of workers; 4) in order to remove unforeseen events and happenings which would cause stoppage for social services affairs such as water supply, heating, lighting, canalisation, transport, telecommunications, health services and other social services; 5) for performance of work which had started previously and which would cause material damage if discontinued; 6) in order to continue a piece of work which could not be stopped and the employee in the succeeding shift should be present. In such a case the organisation is obliged to take speedy measures to find out the replacement for the employees; 7) in order to compensate and make up the work stoppage as described in §37(1) of the Labour Code; 8) in order to perform other pieces of work required by the organisation and approved by the person in charge.
Labour Code 2007 §38(1)
Worker`s influence
Overtime is subject to the agreement of the employee and the employer.
Labour Code 2007 §38(1)
Limits on overtime hours
General limits
Overtime hours cannot be more than the working average hours during the day.
Labour Code 2007 §38(2)
Compensation for overtime work
An hourly wage for overtime is paid 25% more than the official working hour rate on ordinary days and 50% more than the hourly rate on off days (weekend or holidays).
Labour Code 2007 §67
Notice of requirement to work overtime
No notice requirements identified, but overtime arrangements are to be determined by the organisation legislative document.
Labour Code 2007 §38(4)
Remarks: The organisation legislative documents are provided for by §5(2) and are to set out the specific work relations of employees working in 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.
General provisions
The conditions, arrangement and the number of overtime hours will, with due regard to the special features of the work of the specified employees, be determined by the organisation legislative document.
Labour Code 2007 §38(4)
Special categories
Night workers, pregnant women, mothers of young infants and employees engaged in underground works, or works that are injurious to health, are not permitted to perform overtime work.
Labour Code 2007 §38(3)
Night work
Overtime is not permitted for night workers.
Labour Code 2007 §38(3)
Pregnant workers/recent birth
Overtime is not permited for pregnant women or women with children of less than 2 years of age.
Labour Code 2007 §§38(3), 122
SCHEDULES
General
General measures on the utilisation of working time, commencement and ending of the working period of workers, shift schedule, chart and other problems related to the working regime will be determined by MoLSAMD of the Islamic Republic of Afghanistan.
Labour Code 2007 §30(3)
Remarks: No relevant determinations identified.
REST PERIODS
Rest breaks
Employees are entitled to breaks for performance of prayers and eating.
Labour Code 2007 §§39, 40
General provisions
Prayer and lunch break is for one hour that is not included in the official working time. It is regulated by the internal rules of the organisation.
Labour Code 2007 §40
Daily rest periods
No statutory provision on daily rest periods identified.
Labour Code 2007
Weekly rest periods
Every Friday is to be a public paid holiday. The wage and other benefits on the last day of the week (Friday) will be calculated as the wage on the normal days of the week.
Labour Code 2007 §§41(1), 64(2)
Duration
One day
Labour Code 2007 §41
Day specified
Friday
Labour Code 2007 §41
» General
The last day of the week (Friday) is to be a public paid holiday.
Labour Code 2007 §41
» Exceptions
In organisations where work cannot be stopped on holidays (leave days) because of his need to meet the public requirements, the person in charge of the organisation can grant leave to the employee on any other day of the week or pay the equivalent to the employee.
Labour Code 2007 §45(2)
Work on weekly rest day
» Criteria
Work on a public or general holiday is allowed by the agreement of the employee and approval of the employer in the following cases: 1) Work in an organisation where staff keeps on working around the clock, where delay in work may cause backwardness and create problem in providing public services; 2) Performance of work related to public services; 3) Performance of work that cannot be delayed, urgent repairs, loading and unloading of consignments, work related to the prevention of unforeseen accidents, removal of consequences of natural accidents and other exceptional cases; 4) Performance of other urgent pieces of works based on the approval of the person in charge.
Labour Code 2007 §44(1)
» Compensation (for working on a rest day)
Where work is performed on a public or general holiday, the organisation is duty bound to grant, in addition to the normal overtime wage, 50 percent of the salary of the worker as an incentive.
Labour Code 2007 §44(2)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
On the basis of law, employees are entitled for paid leave under the provision of this code.
Labour Code 2007 §10
Remarks: In the Labour Code 2007, 'annual leave' refers to recreational, sick and necessary or urgent leave entitlements. The entitlement to leave of a set duration on a yearly basis is referred to as 'recreational leave'.
Qualifying period
Recreational leave may be taken after the first 11 months of service.
Labour Code 2007 §49(1)
Remarks: This requirement does not appear to apply to seasonal employees whose service contract periods are not less than 3 months and are entitled to recreational leave (§49(2) Labour Code 2007).
Duration
The general entitlement is to 20 days recreational leave.
Labour Code 2007 §46(1)
» General
Employees are entitled to 20 days of paid recreational leave per year.
Labour Code 2007 §46(1)
» Exceptions
Professors and teachers who benefit from public holidays of the educational and scholastic establishments are not entitled to recreational leave.
The employees or personnel who are entitled to more than 20 days of recreational leave are as follows: 1) Employees below 18 years of age - 25 days; 2) Employees engaged in underground works or injurious works - 30 days.
Seasonal employees whose service contract periods are not less than 3 months may be entitled to recreational leave equivalent to the period of their service.
Labour Code 2007 §§46(2), 47, 49(2)
Payment
Payment of wages and other allowances is to be made in advance.
Labour Code 2007 §50(1)
» Amount
The employee is to be paid his wages and other allowances.
Labour Code 2007 §50
» Date of payment
The allowances and wages of the recreational leave are to be paid in advance of the recreational leave period. Accumulated but untaken recreational leave is to be paid out on the employee’s separation from the relevant organisation.
Labour Code 2007 §50
Schedule and splitting
It is the responsibility of the organisation to prepare the recreational leave schedule for the employees on a turn basis.
Employees are entitled to 20 successive days of recreational leave per year. This is transferable to the following year on the basis of the urgent requirement of the organisation subject to the agreement of the employee.
The employee may utilise the annual recreational leave in turn based on a schedule prepared by the organisation in consultation with the employee.
The employee may utilise the total of 10 days of his/her recreational leave based on urgent requirement every 6 month in a year.
The conditions and method of granting emergency leave to employees of non-governmental organisations, private sectors, joint ventures and international organisations resident in Afghanistan are to be set by agreement between the employer and employee and the contents of their contracts.
Labour Code 2007 §§43(1), 48, 58
Work during annual leave
If the person in charge of the organisation will not agree with the employee to take annual recreational leave due to huge work load, the worker will be entitled to the wage and other allowances pertaining to the employee.
Labour Code 2007 §43(1)
Special categories
Young workers have additional leave entitlements.
Labour Code 2007 §46
» Young workers
Workers under the age of 18 years are entitled to 25 days of recreational leave.
Labour Code 2007 §46(2)
PUBLIC HOLIDAYS
Employees are entitled to public leave (holidays), national and religious.
Labour Code 2007 §§39, 41
Number and dates
The public paid holidays are as follow: 1) the last day of the week (Friday); 2) the first day of the year (Nawruz); 3) Twenty-eight of Assad (19 July) (the day of restoration of the independence of the country); 4) Eight of SAWR, Victory of the Islamic Revolution of Afghanistan; 5) First day of Ramadan; 6) the three days of Eid-e-Feter; 7) four days of Eid-e-Said-a-Adhah and Arafat (three days of Eid and one of Arafat); 8) Twelfth of Rabiul Awal, the Holy birth of Hazrate-e-Mohammad Peace be upon Him; 9) Tenth of Muharam (the day of Ashura); 10) 26th of month of Dalwe return of former Soviet Union forces; 11) other days as approved and announced by the Islamic Republic of Afghanistan as Public Holidays.
Remarks: See also the Ministry of Labor, Social Affairs, Martyrs and Disabled for announcements of ad-hoc public holidays. In organisations where works cannot be stopped, it is the responsibility of the person in charge to grant leave to the employee on a turn basis on normal days so they can meet their public requirements (§45 Labour Code).
Payment
The public holidays enumerated by the Labour Code 2007 are to be paid.
Labour Code 2007 §§10, 41
Work on Public Holidays
Work may be performed on public holidays in certain circumstances and is to be remunerated at a higher rate.
Labour Code 2007 §44
» Criteria
Work during public and general holidays is allowed by the agreement of the employee and approval of the employer in the following cases: 1) Work in an organisation where staff keeps on working around the clock, where delay in work may cause backwardness and create problem in providing public services; 2) Performance of work related to public services; 3) Performance of work that cannot be delayed, urgent repairs, loading and unloading of consignments, work related to the prevention of unforeseen accidents, removal of consequences of natural accidents and other exceptional cases; 4) Performance of other urgent pieces of works based on the approval of the person in charge.
Labour Code 2007 §44(1)
» Compensation
Where work is performed on public or general holidays, the organisation is duty bound to grant, in addition to the normal overtime wage, 50 percent of the salary of the worker as an incentive.
Labour Code 2007 §44(2)
Remarks: See §67 for the normal overtime wage. See also §69, which provides that the wage for the work done during public holidays would be double, provided that, at the employee's request, it were not compensated in form of a day's leave within 2 weeks.
EMERGENCY FAMILY LEAVE
Employee is entitled to 10 days’ essential leave with pay every year.
Workers are entitled to 10 days’ of urgent leave in the following cases: 1) marriage; 2) death of father, mother, brother, sister, spouse, son, father in law, mother in law, uncle, aunt and birth of a new baby.
Urgent leave in spread-about form, not exceeding 3 days, can be utilised through sending a notice and beyond that period through a written request.
Labour Code 2007 §51
Remarks: The conditions and method of granting emergency leave to employees of non-governmental organisations, private sectors, joint ventures and international organisations resident in Afghanistan are to be set by agreement between the employer and employee and the contents of their contracts (§58 Labour Code 2007). See also §56 for the entitlement of new employees.
PART-TIME WORK
General provisions
Terms and times of work for daily and incomplete daily, weekly and incomplete weekly waged employees and product-based employees are regulated by the relevant legislative documents.
Labour Code 2007 §70
Remarks: The 'relevant legislative documents' have not been identified.
Limits
The organisation reserves the right to sign contracts on the basis of a day or part of a week, or payment by results (piece work) or work done outside the organisation with pensioners, partially disabled persons and women engaged in household duties or in raising and educating their children, as well as with other persons.
Labour Code 2007 §29
NIGHT WORK
Criteria for night work
Night work will be permissible only if it has been proposed by the MoLSAMD to the Ministerial council and they have approved it.
Labour Code 2007 §33(2)
Limits
Daily hours limit
In the event of work during the night, the shift shall be one hour less than day, unless the worker’s hours are reduced in accordance with §31 of the Labour Code or it is not possible to reduce hours during to working and production conditions.
Labour Code 2007 §32
Overtime work
Overtime is not permitted for night workers.
Labour Code 2007 §38(3)
Schedule
Night work schedules will be permissible only if proposed by the MoLSAMD and approved by the Ministerial council.
Further, the Labour Law 2007 contemplates that workers may be required to perform mixed working hours, i.e. that some of the working time will fall at day time and some of the hours will fall at night.
Labour Code 2007 §§33(2), 34(1)
Compensation
Service and administrative employees will be paid 15% more than their normal wage, and production employees will be paid 25% more than their normal wage, for night work (as defined). Employees who perform mixed working hours (i.e. some at day and some at night) will be entitled to the above penalty rates for the night work performed.
Labour Code 2007 §33(1)
Special categories
Special provision is made for shift workers who perform night work.
Labour Code 2007 §35(4)
Shift workers
In the event that the working time of a shift worker will be at night or partially at night, the worker will be entitled to the supplement wage based on §33 of the Labour Code.
Labour Code 2007 §35(4)
Women
The management is not authorised to assign women on night duties. Assigning women and breast-feeding mothers based on their agreements in hospitals, health clinics and for duties that would require physical hard work under a proper schedule is exempted.
Labour Code 2007 §121
SHIFT WORK
Limits
It is not permissible to require (ask) a worker to work during the successive shifts.
Labour Code 2007 §35(3)
Schedule
Commencement and ending of shift works are fixed by the internal rules and procedures of the organisation and in order of shifts. In the event of there being many shifts, the workers are changed every week in rotation according to the work chart.
The person in charge of the organisation can alternate the working time of the shifts with due regard to the feature of work from 8 hours during the usual days to more or less hours on the days that more or less working time are required on the basis of §30(2) of the Labour Code.
Labour Code 2007 §§35(1), 35(2), 36
Remarks: Article 30(2) provides that the ordinary working period, on average, during the course of a year, cannot be more than 40 hours per week.
ON-CALL WORK
No relevant statutory provisions identified.
FLEXITIME
No relevant statutory provisions identified.
CASUAL WORK
General provisions
Terms and times of work for daily and incomplete daily, weekly and incomplete weekly waged employees and product-based employees are regulated by the relevant legislative documents.
Labour Code 2007 §70
Remarks: The 'relevant legislative documents' have not been identified.
SHORT-TIME WORK/WORK-SHARING
No relevant statutory provisions identified.
RIGHT TO CHANGE WORKING HOURS
No relevant statutory provisions identified.
INFORMATION & CONSULTATION
No information or consultation requirements identified.
Results generated on: 16th April 2024 at 13:53:36.
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