FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 18 LC

Maximum cumulative duration of successive FTCs: 60months

Remarks

Art. 18 LC

Maximum probationary (trial) period (in months): 6 months

Remarks

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

Remarks

Art. 40 and art. 44 LC

Valid grounds (justified dismissal): worker's conduct, worker's capacity, economic reasons

Remarks

Art. 42 LC provides that the reasons for dismissal can be the following:
- 1) liquidation of the enterprise or termination of activities by an individual employer;
- 2) a reduction in the number or staff of workers, including in connection with changes in production technology, organization of labor, reduction in the volume of work;
- 3) the employee’s inconsistencies with the position held or the work performed due to insufficient qualifications, including those confirmed by the certification results;
- 4) change of the owner of the enterprise (in relation to the head of the enterprise, his deputies and the chief accountant) in accordance with the first part of Article 37 of this Code;
- 5) absence from work for more than four months in a row due to temporary disability, not counting the period of maternity leave, unless the legislation of Turkmenistan establishes a longer term for maintaining a place of work (position) for a specific disease. For employees who have lost their ability to work due to labor injury or occupational disease, the place of work (position) is maintained until the restoration of working capacity or the establishment of disability;
- 6) systematic non-performance by an employee without valid excuses of employment duties assigned to him by the employment contract or the internal labor regulations of the enterprise, if the employee has previously been subject to disciplinary measures;
- 7) absenteeism, including absence from work without good reason for more than three hours during the working day;
- 8) appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
- 9) the disclosure of secrets protected by the legislation of Turkmenistan (state, commercial, official and other), which became known to the employee in connection with the performance of his job duties;
- 10) commission at the place of work of embezzlement of property, embezzlement, its deliberate destruction or damage established by a valid court verdict or decision of the body whose competence includes the imposition of an administrative penalty;
- 11) violation by an employee of labor protection requirements, if this violation entailed grave consequences (work accident, accident, catastrophe) or deliberately created a real threat of such consequences;
- 12) in case of revealing the fact of submission by the employee to the employer of forged documents or knowingly false information when concluding an employment contract;
- 13) stipulated by the employment contract with the head of the enterprise, members of the executive body of the enterprise;
- 14) in other cases established by this Code.

Prohibited grounds: pregnancy, race, sex, religion, political opinion, social origin, nationality/national origin, disability, language, property, place of residence, ethnic origin

Remarks

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

Remarks

Art. 241 LC
Art. 257 LC

Notification to the worker to be dismissed: written

Remarks

Art. 44 LC

tenure ≥ 6 months:

  • All: 0.5 months.
  • All: 2 months.

tenure ≥ 9 months:

  • All: 0.5 months.
  • All: 2 months.

tenure ≥ 1 year:

  • All: 0.5 months.
  • All: 2 months.

tenure ≥ 2 years:

  • All: 0.5 months.
  • All: 2 months.

tenure ≥ 4 years:

  • All: 0.5 months.
  • All: 2 months.

tenure ≥ 5 years:

  • All: 0.5 months.
  • All: 2 months.

tenure ≥ 10 years:

  • All: 0.5 months.
  • All: 2 months.

tenure ≥ 20 years:

  • All: 0.5 months.
  • All: 2 months.

Pay in lieu of notice: Yes

Remarks

Art. 44(2) LC

Notification to the public administration: No

Notification to workers' representatives: Yes

Remarks

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

Remarks

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

Prior consultations with trade unions (workers' representatives): Yes

Remarks

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 the public administration: Yes

Remarks

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

Remarks

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 public administration or judicial bodies: No

Approval by workers' representatives: Yes

Remarks

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

Remarks

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:

tenure ≥ 6 months: 0.5 months

tenure ≥ 9 months: 0.5 months

tenure ≥ 1 year: 0.5 months

tenure ≥ 4 years: 0.5 months

tenure ≥ 5 years: 0.5 months

tenure ≥ 10 years: 0.5 months

tenure ≥ 20 years: 0.5 months

Redundancy payment:

Remarks

Art. 54 LC

tenure ≥ 6 months: 2 months

tenure ≥ 9 months: 2 months

tenure ≥ 1 year: 2 months

tenure ≥ 2 years: 2 months

tenure ≥ 4 years: 2 months

tenure ≥ 5 years: 2 months

tenure ≥ 10 years: 2 months

tenure ≥ 20 years: 2 months

Compensation for unfair dismissal - free determination by court: Yes

Remarks

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.

Reinstatement available: Yes

Remarks

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).

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Remarks

Art. 370 LC established the order of creating a commission for labour disputes (collective).