82.5
-
-
Approaching Access to Decent Work
60
100
100
75
100
100
80
60
75
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §4 & 143-146 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require regular and timely payment of wages? | Yes | 1 | §147 & 158 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | No | 0 | §154 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §88 & 154 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require additional compensation for night work? | Yes | 1 | §77 & 156 of the Labour Code of the Republic of Tajikistan, 2016 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §67 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §79 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §86 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require paid public holidays? | Yes | 1 | §3 of the Law about Holidays (No. 753) of 2011 | |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §93 of the Labour Code of the Republic of Tajikistan, 2016 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §24 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §25 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §28(1) of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §41 & 45 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §51 of the Labour Code of the Republic of Tajikistan, 2016 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §224 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §116 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §68 & 219 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require paid nursing breaks? | Yes | 1 | §218 of the Labour Code of the Republic of Tajikistan, 2016 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §225 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §223 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §113 & 223 of the Labour Code of the Republic of Tajikistan, 2016; Government Decree No. 630 of 14 October 2014 (on procedure and conditions for the payment of benefits for temporary disability, pregnancy and childbirth, and family allowances) | |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §113 of the Labour Code of the Republic of Tajikistan, 2017; Government Decree No. 630 of 14 October 2014 | |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §215 of the Labour Code of the Republic of Tajikistan, 2016 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §346-348 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §336 & 348 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §217 & 221 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §341-343 of the Labour Code of the Republic of Tajikistan, 2016; Law No. 517 On State Social Insurance, 1997; Law No. 595 On contributory pensions and non-contributory social pensions, 2010 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §4, 7 & 13 of the Law No. 595 On contributory pensions and non-contributory social pensions, 2010 | |
| Does the law provide for survivors' benefits? | Yes | 1 | §4 & 7 of the Law No. 595 On contributory pensions and non-contributory social pensions, 2010 | |
| Does the law provide for unemployment benefits? | Yes | 1 | Law No. 517 On State Social Insurance, 1997; Law No. 44 on support for the employment of the population, 2003 | |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §42 of the Labour Code of the Republic of Tajikistan, 2016; Law No. 517 On State Social Insurance, 1997; Law No. 595 On contributory pensions and non-contributory social pensions, 2010 | |
| Does the law provide for invalidity benefits? | Yes | 1 | Law No. 595 On contributory pensions and non-contributory social pensions, 2010 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §140 of the Labour Code of the Republic of Tajikistan, 2016; §13 of the Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities,1941; | |
| Does the law prohibit sexual harassment in employment? | No | 0 | No applicable legal provisions could be located | |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §7 & 258 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law allow women to do the same job as men? | No | 0 | §216 of the Labour Code of the Republic of Tajikistan, 2016; Resolution No. 179 of 4 April of 2017 | |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Law No. 517 On State Social Insurance, 1997; Law No. 595 On contributory pensions and non-contributory social pensions, 2010 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §21 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §16 of the Education Act, 2013 | |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §208 & 213 of the Labour Code of the Republic of Tajikistan, 2016 | |
| Does the law prohibit forced labour? | Yes | 1 | §4 & 8 of the Labour Code of the Republic of Tajikistan, 2016; §131 & 132 of the Criminal Code, 1998 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §28 of Constitution of Tajikistan, 1994 (rev. 2016); §18, 290-292 of the Labour Code of the Republic of Tajikistan, 2016; USDOS CRHRP 2023 (Tajikistan) | |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §11, 12,18, 296-299, 303 & 306-311 of the Labour Code of the Republic of Tajikistan, 2016; CEACR, C87, DR. 2023; USDOS CRHRP 2023 (Tajikistan) | |
| Does the law provide the right to strike? | No | 0 | §323 of the Labour Code of the Republic of Tajikistan, 2016; §30 of the Civil service Act, 2012 | |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §324 of the Labour Code of the Republic of Tajikistan, 2016 |