Labour Code, entered into force on 1st July 2009 in Russian) as last amended by Law of 1 October 2011 to Amend the Labour Code of Turkmenistan
The PDF version of the law does not contain recent amendments.
Date:1 Oct 2011;
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Size of enterprises excluded (≤): none
Workers' categories excluded: managerial / executive positions
Article 5 of the Labour Code
FTC regulated: Yes
Valid reasons for FTC use: objective and material reasons
Article 18 of the Labour Code
Maximum cumulative duration of successive FTCs: 5year(s)
Article 18 of the Labour Code
Maximum probationary (trial) period (in months): 6 month(s)
Article 28 of the Labour Code: the probationary period cannot exceed 3 months for workers and 6 months for managerial employees.
Obligation to provide reasons to the employee:
Yes
Articles 40 and 44 of the Labour Code
Article 42 of the Labour Code
Art. 7 LC: prohibition of discrimination in employment based on: nationality, race, sex, origin, property or employment status, residence, language, age, religion, political beliefs, party affiliation or lack of affiliation to any party.
Art. 441 of the Labour Code.
Art. 257 of the Labour Code
Notification to the worker to be dismissed: written
Article 44 of the Labour Code
tenure ≥ 6 months:
tenure ≥ 9 months:
tenure ≥ 1 year:
tenure ≥ 2 years:
tenure ≥ 4 years:
tenure ≥ 5 years:
tenure ≥ 10 years:
tenure ≥ 20 years:
Pay in lieu of notice: Yes
Article 44(2) of the Labour Code
Notification to the public administration: No
Notification to workers' representatives: Yes
Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives
Approval by public administration or judicial bodies: No
Approval by workers' representatives: Yes
Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives
Definition of collective dismissal (number of employees concerned): No
Prior consultations with trade unions (workers' representatives): Yes
Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.
In addition, Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.
Notification to the public administration: Yes
Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.
Notification to workers' representatives: Yes
Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: Yes
Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.
In addition, Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.
Priority rules for collective dismissals (social considerations, age, job tenure): Yes
Article 54 of the Labour Code: during collective redundancies, the workers with higher productivity and qualification have the preferential right to keep their job. At equal productivity and qualification, the preference not to be dismissed is given to such categories of workers as workers with the tenure of at least 10 years in the entreprise, people with disabilities, workers with two and more dependants, young specialists etc.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Priority rules for re-employment:
tenure ≥ 6 months: 2 week(s)
tenure ≥ 9 months: 2 week(s)
tenure ≥ 1 year: 2 week(s)
tenure ≥ 4 years: 2 week(s)
tenure ≥ 5 years: 2 week(s)
tenure ≥ 10 years: 2 week(s)
tenure ≥ 20 years: 2 week(s)
Redundancy payment:
Article 54 of the Labour Code
tenure ≥ 6 months: 2 month(s)
tenure ≥ 9 months: 2 month(s)
tenure ≥ 1 year: 2 month(s)
tenure ≥ 2 years: 2 month(s)
tenure ≥ 4 years: 2 month(s)
tenure ≥ 5 years: 2 month(s)
tenure ≥ 10 years: 2 month(s)
tenure ≥ 20 years: 2 month(s)
Compensation for unfair dismissal - free determination by court: Yes
Article 56 of the Labour Code
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Article 56 of the Labour Code: the judge is free to decide on compensation for unfair dismissal, whose amount cannot be less than three-month wages.
Reinstatement available: Yes
Article 56 of the Labour Code
Preliminary mandatory conciliation: No
Competent court(s) / tribunal(s): ordinary courts
Existing arbitration: No