Afghanistan

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2022 Score

55

2020 Score

N/A

Rating

Basic Access to
Decent Work

Fair
Wages

40

Decent
Working Hours

80

Employment
Security

80

Family
Responsibilities

75

Maternity
at Work

40

Safe
Work

100

Social
Security

40

Fair
Treatment

20

Child &
Forced Labour

75

Trade
Union

0

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?No0§59, 62, and 131 of the Afghanistan Labour Code, 2007
Does the law require regular payment of wages?No0§63, 73 & 74 of the Afghanistan Labour Code, 2007
Does the law require overtime compensation be at least 125% of the regular hourly rate?Yes1§67 of the Afghanistan Labour Code, 2007
Does the law require additional compensation for working on a weekly rest day?No0§10 & 69 of the Afghanistan Labour Code, 2007
Does the law require additional compensation for night work?Yes1§32, 33 & 36 of the Afghanistan Labour Code, 2007

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§30, 31, 37, 38 & 67 of the Afghanistan Labour Code, 2007
Does the law restrict maximum working hours including overtime to 56 hours per week?No0§38 of the Afghanistan Labour Code, 2007
Does the law require a weekly rest of at least 24 hours?Yes1§41 of the Afghanistan Labour Code, 2007
Does the law require paid public holidays?Yes1§40 & 69 of the Afghanistan Labour Code, 2007
Does the law require at least three working weeks of paid annual leave?Yes1§42,43,46 & 47-50 of the Afghanistan Labour Code, 2007

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§14-16 of the Afghanistan Labour Code, 2007
Does the law restrict the hiring of fixed-term contract workers?No0§14 of the Afghanistan Labour Code, 2007
Does the law limit the length of probation period including renewals to a maximum of 3 months?Yes1§17 of the Afghanistan Labour Code, 2007
Does the law require a 30-day notice before contract termination?Yes1§23-24 & 101 of the Afghanistan Labour Code, 2007
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?Yes1§25 of the Afghanistan Labour Code, 2007

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?No0No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?Yes1§51 of the Afghanistan Labour Code, 2007
Does the law require flexible work arrangements for workers with family responsibilities?Yes1§29 & 126 of the Afghanistan Labour Code, 2007
Does the law require paid nursing breaks?Yes1§124-125 of the Afghanistan Labour Code, 2007; §19 of the Law on Protection of Child Rights, 2019

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§125 of the Afghanistan Labour Code, 2007
Does the law require paid maternity leave of at least 14 weeks?No0§55 of the Afghanistan Labour Code, 2007
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§134 of the Afghanistan Labour Code, 2007
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?No0§134 of the Afghanistan Labour Code, 2007
Does the law protect workers from dismissals during or on account of pregnancy?No0§125 of the Afghanistan Labour Code, 2007

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§112 of the Afghanistan Labour Code, 2007
Does the law require the employer to train workers on health and safety issues?Yes1§111 of the Afghanistan Labour Code, 2007
Does the law restrict work that is prejudicial to the health of the mother or the child?Yes1§120-123 of the Afghanistan Labour Code, 2007
Does the law provide for employment injury benefit?Yes1§134 and 141 of the Afghanistan Labour Code, 2007

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1§26,134,135,138 & 139 of the Afghanistan Labour Code, 2007
Does the law provide for a dependants'/survivors' pension?Yes1§134,141,143 &144 of the Afghanistan Labour Code, 2007
Does the law provide for unemployment benefit?No0No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?No0§52, 53 & 56 of the Afghanistan Labour Code, 2007
Does the law provide for invalidity benefit?No0§137 of the Afghanistan Labour Code, 2007

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?No0§8 & 9 of the Afghanistan Labour Code, 2007
Does the law prohibit sexual harassment in employment?Yes1§5 & 30, Law on Elimination of VAW 2009; §2(4), 3(6), 9(1), 12 & 13, Law on Prevention & Prohibition of Harassment 2018
Does the law prohibit discrimination in employment matters?No0§22 of the Afghanistan's Constitution; §9 of the Afghanistan Labour Code, 2007
Does the law allow women to do the same jobs as men?No0§22 & 50 of the Afghanistan's Constitution; §2, 9 & 120-121 of the Afghanistan Labour Code, 2007
Does the law guarantee basic labour protections for gig economy workers?No0No applicable legal provisions could be located

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§13 of the Afghanistan Labour Code, 2007; §48, 49 of the Law on Protection of Child Rights
Does the law set employment entry age equal to or higher than the compulsory schooling age?Yes1§48-49, Law on Protection of Child Rights; §5 & 17, Education Law, 2008
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1§13 & 120, Labour Code 2007; §613, Penal Code, 2017; §63, Law on Protection of Child Rights, 2019
Does the law prohibit forced labour?No0§4, Labour Code, 2007; §37 of the Law on the Elimination of Violence Against Women, 2009

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?No0Article 49 of the Afghanistan Labour Code 2007; Article 2 of the Law on Social Organizations 2003
Does the law allow workers to bargain collectively with employers through their representative unions?No0No applicable legal provisions could be located
Does the law provide for the right to strike?No0§2,3,4 & 22 of the Law on Assemblies, Strikes and Demonstrations, 2003
Does the law prohibit employers from terminating employment contracts of striking workers?No0USDOS CRHRP 2021