References
Labour Code, entered into force on 1st July 2009 (in Russian) as last amended in February 2019.<br/>
Date:
21 Aug 1970;
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Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: managerial / executive positions
Group of workers excluded from Art.5 LC are:
1) members of the enterprises’ boards of directors;
2) workers under civil law contracts;
3) other persons, if it is established by the legislation of Turkmenistan.
FTC regulated: Yes
Valid reasons for FTC use: objective and material reasons
Art. 18 LC
Maximum cumulative duration of successive FTCs: 5year(s)
Art. 18 LC
Maximum probationary (trial) period (in months): 6 month(s)
Art. 28 LC: The probationary period cannot exceed 3 months for workers and 6 months for managerial employees.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: pregnancy, race, sex, religion, political opinion, social origin, nationality/national origin, disability, language, property, place of residence, ethnic origin
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.
Workers enjoying special protection: pregnant women and/or women on maternity leave, workers with family responsibilities, minors
Art. 241 LC
Art. 257 LC
Notification to the worker to be dismissed: written
Art. 44 LC
All:
All:
- All: 2 week(s).
All:
All:
- All: 2 month(s).
All:
All:
- All: 2 week(s).
All:
All:
- All: 2 month(s).
All:
All:
- All: 2 week(s).
All:
All:
- All: 2 month(s).
All:
All:
- All: 2 week(s).
All:
All:
- All: 2 month(s).
All:
All:
- All: 2 week(s).
All:
All:
- All: 2 month(s).
All:
All:
- All: 2 week(s).
All:
All:
- All: 2 month(s).
All:
All:
- All: 2 week(s).
All:
All:
- All: 2 month(s).
All:
All:
- All: 2 week(s).
All:
All:
- All: 2 month(s).
Pay in lieu of notice: Yes
Art. 44(2) LC
Notification to the public administration: No
Notification to workers' representatives: Yes
Art. 45 LC: 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
Art. 45 LC: 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
Notification to the public administration Yes
Art. 44(6) LC: 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, Art. 45 LC: Any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.
Notification to trade union (workers' representatives) Yes
Art. 44(6) LC: 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
Art. 44(6) LC: 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 trade union (workers' representatives) No
Approval by workers' representatives Yes
Art. 44(6) LC: 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, Art. 45 LC: 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
Art. 54 LC: 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
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
:
Art. 54 LC
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
: 2 month(s)
mine workers: Yes
Art. 56 LC
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Art. 56 LC: The judge is free to decide on compensation for unfair dismissal, whose amount cannot be less than three-month wages.
managerial / executive positions: Yes
Article 56 of the Labour Code
Reinstatement is the primary remedy for unfair or unlawful dismissal. In addition, the employer has to pay back all foregone earnings, as well as expenses associated with hiring a lawyer. Only in case the employee requests replacing reinstatement by a compensation, can the judge award paying such compensation (the payback and the expenses are still awarded in addition to the compensation).
police: No
Existing arbitration: No
Art. 370 LC established the order of creating a commission for labour disputes (collective).