- Overview: Tajikistan
- Global PEO and Payroll
- Global HR Compliance
- Expand without a company set up
- 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
Permanent employment contracts
The labor contract text shall include the following:
- Name and address of the employer – legal entity
- Full name, number and place of issuance of identification document, permanent residence address and taxpayer identification number
- Full name, number and place of issuance of personality identification document, permanent residence address and taxpayer identification number in case the employer is an individual entity
- Employment entity (organization or a certain unit)
- Position (post) of the employee
- Nature of labor condition, guarantees and benefits, if the work belongs to the category of heavy, hazardous or harmful work
- Start date of employment
- Labor contract duration (indefinite/definite)
- Working hours system and regime
- Rest time and the duration of the employee’s annual leave
- The size of wage and other conditions of remuneration payment
- The employer’s rights and obligations
- The employee’s rights and obligations
- The procedure of amendment or termination of labor contract
- Guarantees and compensation and procedure of their payment
- Insurance terms and conditions
- Parties’ responsibilities
- Date and order number of labor contract
- Casual employment contracts
- Fixed-term contracts
Fixed-term contracts are prohibited for permanent tasks.
Maximum length of a single fixed-term contract (months): No limit.
Maximum length of fixed-term contracts, including renewals (months): No limit.
Employment Termination and Severance Pay (Dismissal)
Employee decision. The employee has the right to inform the employer in writing in advance and terminate the labor contract signed for an indefinite period. After expiration of the notification period, the employee has the right to stop working and the employer is obliged to return the employee’s employment record book. The labor contract can be terminated prior to expiration of notification at the request of the employee and by consent of the employer.
In case, the application of employee on termination of a labor contract is made due to the impossibility of employment continuation, the employer shall terminate the labor contract in the period requested by the employee.
During the notification period, the employee has the right to withdraw his/her application on termination of labor contract, unless another Employee is invited to replace him/her through transfer to another job.
The employee has the right to terminate the labor contract without preliminary notification in cases, when the employer-provided wrong information about the employment conditions in workplace while signing a labor contract or did not implement his/her obligations on labor safety and health.
Employer decision. Labor contract can be terminated by the employer’s initiative for the following reasons:
- Liquidation of organization or termination of the operation of the Employer-individual entity or redundancy of the number of employees or job units
- Termination of labor contract due to the change of owner, in case of staff non-compliance with his/her position (post) or the tasks performed by him/her as a result of the lack of qualification or his/her health state, which impedes continuation of this work, unless this non-compliance of employee is confirmed as a result of appraisal or based on the medical opinion
- In case the employee does not perform his/her employment duties arising from the labor contract or internal labor regulations on a continuous basis without grounded reasons, if administrative measures were undertaken against the employee earlier
- In case of employee’s absence in workplace without any grounded reason, including absence for more than three hours during a working day
- Absence in workplace for more than four months continuously as a result of temporary disability without taking into account the leave for pregnancy and delivery, unless the legislation of the Republic of Tajikistan defines any longer period to keep a job (position) during certain illness period. The job of the employees, who lost their labor ability as a result of employment injury or occupational disease, is held until their labor ability is rehabilitated or the category of their disability is determined; – coming to the workplace in the state of drunkenness as a result of use of alcohol, drugs, psychotropic or other substances
- In case a decision of relevant public authorities on theft of property or other behavior preventing continuation of employment becomes effective
- Commitment of corruption-related violations by employee preventing continuation of employment based on court sentence
- If the employee continues participating in strikes after s/he is informed about the court decision on unlawfulness of the strike or strike ban
- Cancellation of the employees access to state secrets in cases defined by the legislation of the Republic of Tajikistan
- Violation of employment duties by the head of the employer’s executive management, his/her deputy or the head of employer’s agency, which caused physical damage to the employer; – rejection of a medical examination to identify the state of drunkenness as a result of use of alcohol, drugs, psychotropic or other substances
- Violation of labor protection, fire safety or traffic rules by the employee, which resulted or may result in severe consequences, including injury or accident
- Disclosure of state secrets or any other secret information by the employee, which s/he got access to within his/her employment
- Termination of labor contract with a person with two or multiple jobs, in case of recruitment of another person, who does not have two or multiple jobs, as well as due to restrictions of having multiple jobs according to the legislation of the Republic of Tajikistan
- Serious ad-hoc violation of Labor Code and other legal and regulatory documents of the Republic of Tajikistan by the head of organization (its individual units) and his/her deputy
- Commitment of unlawful actions by an employee dealing with financial and monetary assets, which will serve as a reason for the loss of employer’s trust towards the employee
- Commitment of bad behavior by an employee dealing with educational issues, which is not suitable for continuation of this particular job; – providing wrong information, forged documents and other legal and regulatory documents of the Republic of Tajikistan upon recruitment
- Negative performance during the probation period upon recruitment.
Mutual agreement. Labor contracts can be terminated at any time by mutual agreement of the parties. A Party to labor contract wishing to terminate the contract by the agreement of Parties informs the other. Party by sending a letter of notification. The Party receiving the letter of notification is obliged to inform the other Party about his/her decision within three working days. The Parties determine the date of labor contract termination through mutual agreement by consent of the Employer and Employee.</p.
Differences between terminating cooperation with locals and expats
Foreign nationals in the Republic of Tajikistan shall be entitled to work in enterprises on the same conditions and in the same manner as established for Tajik citizens.
It is prohibited to dismiss
The Labour law envisages provisions to protect pregnant women or employees taking care of children under 3, as well as employees having illnesses/diseases or having been hurt at their workplaces.
The employer is obliged to inform the employee in writing about the termination of labor contract signed for an indefinite period within the following timelines:
- In case of labor contract termination due to the liquidation of organization or termination of operation of employer-individual entity or redundance of the number of staff or job unit – not later than two months in advance
- In case the labor contract is terminated because the employee is not suitable to his/her work due to lack of qualification or health state – not later than one month.
The employee is obliged to inform the employer in writing two weeks in advance about the termination of labor contract.
Employee Benefits and Contributions
Mandatory benefits required by law to be provided by an employer. Public holidays entitlement, annual leave, sick leave, maternity leave.
Non-mandatory benefits that are offered by an employer. Transportation allowance, housing, education allowance, performance-based bonuses.
Is it obligatory or up to employer to stipulate a probation period?. Labor contract can be signed through preliminary probation. Probation period is determined by the mutual agreement of parties and cannot exceed three months.
Overtime is used in exceptional cases, as defined below by the consent of the employee. It is prohibited to work overtime in case of a 12-hour shift and also the works with especially severe and harmful conditions.
Overtime cannot exceed within two days continuously:
- Two hours for works with severe or harmful conditions
- Four hours for other works.
Overtime for every employee shall not exceed 120 hours a year.
Exceptional Cases of Overtime Application
- Fulfilling activities necessary for the country defense, prevention and elimination of the consequences of natural disasters and common threats
- Fulfilling activities for elimination of emergency and unexpected cases impeding regular production process; – in case of need to finalize started activities, the fulfillment of which during regular working time is impossible due to technical reasons, unexpected circumstances and sudden delay of production (if laying off the started works lead to deterioration of materials and equipment)
- Fulfilling temporary activities on repair and rehabilitation of equipment and facilities, failure of which can stop the work of the majority of employees
- Continuation of work in continuous production in case the employee substituting his/her college in the shift does not come in-time. In such a case, the employer is obliged to undertake immediate measures to substitute the employee on duty with another employee.
- Fulfilling activities on freight, load and discharge and subsequent activities on transport in case of need for releasing storages of organizations, as well as load and discharge of freight into and from transport with a view to preventing the accumulation of freight in the points of freight transportation and acceptance, and idleness of vehicles
Overtime rate for every extra hour of work done by an employee is set at 100 percent of normal pay.
Regular length of working time shall not exceed 40 hours a week.
The length of main annual minimum leave shall make 24 calendar days. The main annual minimum leave is granted to all employees in a mandatory manner. The employer has the right to extend the length of main annual minimum leave to more than 24 days with the use of organization’s internal funds in accordance with the procedures and terms of the labor contract, collective agreements and contracts. Non-business holidays, temporary disability, as well as pregnancy and birth delivery leaves shall not be a part of the main annual paid leave. In case non-business holidays fall into the period of employee’s main annual leave, the main annual paid leave is extended by the number of non-business holidays.
A selected group of employees may be entitled to the main extended leave in accordance with the legal and regulatory documents of the Republic of Tajikistan, given the nature and conditions of their employment duties, age, length of experience, health state, and other circumstances.
The following individuals are entitled to the main annual extended leave:
- From 28 up to 56 calendar days for employees of research organizations
- From 28 up to 56 calendar days for employees of libraries in research organizations, educational institutions and other libraries
- From 28 up to 56 calendar days to employees, professors of full-time and part-time departments of higher education institutions, including departments for training, re-training and professional development of staff from primary and secondary vocational schools
- From 28 up to 56 calendar days to employees of general education and pre-school education facilities
- From 28 up to 42 calendar days to employees of cultural and social protection institutions
- 42 calendar days to nurses caring after children under three years old, tutors of nursery groups of pre-school institutions and childcare centers
- 28 calendar days for permanent staff of forest management agency
- Not less than 30 calendar days for sportsmen
- Not less than 30 calendar days to reporters; – 30 calendar days to employees under the age of 18, including those attending internship (apprenticeship)
- 42 calendar days for persons with disabilities of the first and second category and 35 calendar days for the third category
- Not less than 28 calendar days to employees of the agricultural sector.
Employees are obliged to inform their employer about any sickness requiring an absence from work and the expected duration of this absence as soon as possible (generally the first day of the sick leave). When an employee is absent due to illness for three consecutive days, they are required to provide proof of medical consultation upon returning to work.
Sickness benefit: 60% of earnings is paid with less than five years of work; 70% with five years or more; 100% in case of work injury or occupational diseases.
Maternity rights. Pregnant women are granted 70 calendar days of pre-delivery leave and also 70 calendar days (88 days in case of difficult delivery and 110 days for delivery of twins or more children) of postdelivery leave and are paid allowance from the public social insurance fund based on disability sheet in accordance with the procedures in place. Women are granted full pregnancy and delivery leave regardless of their actual use prior to delivery and employment period in organization.
Paternity rights and leaves. Guarantees and privileges provided to women with children are applied towards the fathers caring after children without mother (in case the mother dies, is deprived of her maternal rights, hospitalized for a long time and other cases, when the mother is not able to care after the child).
Unpaid child care leave is granted at the request of the following employees until the child reaches three years old: – at the choice of parents – to child’s mother or father.
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.