- Overview: Tajikistan
- Global HR Compliance
- Global PEO and payroll
- Contractor vs. employee: which is better?
Global HR Compliance in Tajikistan
If you hire an international workforce, or plan to hire, then Hiring and Firing Workforce in Tajikistan Guide below will help you understand the nuances of labor legislation in the country.
When the company is planning to enter a new foreign market of Tajikistan and has a need to employ a local national there, the first question to answer is how it is going to make local hires.
We have designed a Global Employer of Record service to help you outsource global employment of your foreign workforce to companies like ours.
This solution helps you employ your global sales force in Tajikistan as well as in other countries of the world, and provide pay and benefits to your employees, as well as administer any business expenses with our help.
Our solution is different from other hiring modes in that it helps you engage your foreign workforce in full compliance with the local labor legislation. This means you are protected from any non-compliance and employee misclassification risks while we bear all employment risks, not you.
So, it looks very much like hiring your in-house sales force in your home country. However, you focus on only on your global business development while we admin your global HR. In addition, you don’t need to open your own entities in the foreign countries and can leverage our infrastructure in Tajikistan instead. With our service, you can become a global company with reduced costs and minimized time and effort on your end.
Your employed foreign sales force will devote 100% of their time to your company product and may stay with you longer than foreign independent sales reps.
Global Employer of Record solution is 100% compliant solution that guarantees you and your employees fully compliance with local legislation in Tajikistan .
We are experts in global workforce employment in Tajikistan, and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.
Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.
With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in Tajikistan.
See Hiring and Firing Workforce in Tajikistan Guide below for a general overview of labor rules and regulations in the country. Or contact us if you need to employ workers in Tajikistan or would like to get more details.
Hiring and Firing Workforce in Tajikistan Guide
# Employment Contracts
Employers may award their new employees contracts of employment for definite term of 5 years maximum, for indefinite term, for execution of seasonal work, for execution of specific work or for a temporary fulfillment of the duties of an absent employee. Though not mandatory, contracts of employment are usually concluded in writing in Tajik (and any other language if necessary). According to the labor law, there are no strict rules as to what must constitute the content of an employment contract. However, it is in the parties’ best interest to particularize the employment start date, duration, place of work, duties and responsibilities, hours of work, remuneration, holidays and terms of termination.
# Minimum statutory employment rights
# Hours of work
The normal working time (hours and days) for employees may vary depending on certain factors. In general, employees may work 5 or 6 days a week with a maximum of 40 hours each week. Certain group of workers such as invalids, under 18s, or those working under harsh working conditions are legally allowed to work less than 40 hours a week with a full pay. Employees have a right to no fewer than 12 hours of uninterrupted rest between every work shift. Employees are entitled to a full day weekly rest in a 5-day workweek and a 2-day of continuous rest in a 6-day workweek.
# Probationary period
When a probationary period is required, new employees may be put on probation for up to the first 3 months of commencing an employment.
# Annual leave
Employees are entitled to day off during the following holidays: New Year; International Women’s Day; Nawruz; International Day of Solidarity; Victory Day; Day of National Unity; Independence Day; Constitution Day of Tajik Republic; Religious holiday: Ramadan and Kurban. In addition, employees are entitled to a minimum of 24 calendar days of paid leave on a yearly basis. Disabled employees and those under age 18 are entitled to longer (at least 30 days’) paid leave. Other employees such as those who work on harsh working conditions and those with special features of work have a right to extra 7 days and 3 days, respectively. Employees are entitled to receive a sum that is equal to their average monthly pay during their leave. Employees are required to use up their annual leave within the given period or otherwise lose it. Employees are entitled to a compensation for an unused annual leave only during their contract termination.
# Parental leave
Under normal conditions, during any childbearing, female employees are entitled to at least 70 days of paid maternity leave during pregnancy and 70 days of paid maternity leave after childbirth. Employees’ paid maternity leave entitlement must be increased to a minimum of 86 days in the case of difficult birth. Employees are eligible to 110 days of paid leave if they are pregnant with more than one baby. Employees on maternity leave are entitled to be paid a lump sum of 120 Tajikistan Somoni (TJS) at their first birth, of 80 TJS at second birth and of 40 TJS per child thereafter. Also, employees have a right to child care benefit paid at 40 TJS until the child is 18 months old.
# Sick leave
Employees are required to notify their employers of their sickness usually the very first day of taking leave. Sick employees who have worked less than 5 years in the company are entitled to 60 percent of normal pay, those who have between 5 and 8 years of service in the company have a right to 80 percent of normal pay, and those with over 8 years of service must be paid 100 percent of their earnings.
Overtime rate for every extra hour of work done by an employee is set at 100 percent of normal pay. Compensation by granting an extra time in lieu of payment is also acceptable. Overtime is restricted to 2 hours for employees who work on harsh working conditions, and to 4 hours for others. In all, employees are prohibited to work no more than 120 extra hours per year.
# State minimum salary
The minimum salary in Tajikistan is of 400 somoni per month (approximately $50) defined by a government decree, dated July 1, 2016. The minimum salary is valid in all country. Employees are entitled to receive their remuneration at least once a month at the agreed time. Employers are liable to pay special charged as stated by the law if they fail to remunerate their workers on time.
# Employment termination
Employment relationship may be ended by either party of an employment. Coming from employees, they are required to give their employers an advance 2-week notice before terminating the contract. Employers may terminate employees contract of employment only under the conditions provided by the law such as professional incompetence, unauthorized absence for more than three hours in a workday, etc. An employer has to give an employee a written notice about the intention of terminating the contract, made for an unspecified period two months ahead the termination. The severance pay amount may not be less than the monthly average salary of the employee. As a rule, fixed-term contracts can only be terminated with a just cause.
Acumen International can help you fast-track your possibilities of entering and expanding your business in Tajikistan by providing you with our Employer of Record services. Our unique mix of PEO/EOR solutions will enable you to jumpstart your global operations almost immediately, cost-effectively and compliantly without any need to set up a legal entity first or afterwards.