Termination of Employment in Tajikistan

1) What types of employment termination are there?

According to the Labor Code of the Republic of Tajikistan, an employment contract may be terminated in the following cases:

1. By mutual agreement of the parties;
2. At the initiative of the employee;
3. At the initiative of the employer;
4. Upon expiration of the employment contract;
5. Due to circumstances beyond the control of the parties;
6. Upon the employee’s election or appointment to another position

2) What are the legal grounds for termination initiated by the employer?

The legal grounds for dismissal of an employee at the initiative of the employer are defined in Article 42 of the Labor Code of the Republic of Tajikistan. There are 19 grounds provided by this Article, including, for example: liquidation of the organization, staff reduction, the employee’s failure to meet the requirements of the position held or the work performed, and others.

3) What are the legal procedures required for terminating an employee?

When dismiss an employee, the employer is required to comply with the following procedures:

1. Receiving the employee’s application for dismissal;
2. Issuing a written act of dismissal (order, directive);
3. Providing the employee with a written notice of dismissal, in cases of termination at the employer’s initiative;
4. Observance of guarantees and compensations stipulated by law;
5. Issuing to the employee of a labor book and other documents related to work on the day of dismissal;
6. Final settlement of all payments due to the employee on the day of dismissal.

4) What are the mandatory notice periods for termination?

1. At the initiative of the employee.

• In case of termination initiated by the employee, the employee must provide the employer with written notice at least two weeks prior to the intended date of dismissal.
• The head of a legal entity has the right to terminate the employment contract by giving two months written notice to the owner or its representative.

2. At the initiative of the employer.

• At least two months’ notice is required in case of dismissal due to liquidation of the organization or staff reduction.
• One week's notice - in case of dismissal during the probation period based on the results of an unsatisfactory test.

5) What severance pay and compensation are employees entitled to?

Upon termination of the employment contract at the initiative of the employer, in accordance with the cases stipulated under Article 42 of the Labor Code of the Republic of Tajikistan — including, the liquidation of the organization, reduction in the number of employees, or other grounds — the employee shall be entitled to severance pay.

The severance pay shall be calculated in an amount ranging from one to three times the employee’s average monthly salary, depending on the specific ground for the termination of the employment contract.

6) How should employers handle termination due to poor performance or misconduct?

If the termination is due to poor performance or irregularities, the employer may terminate the employment contract in the following cases:

• if the employee fails to complete the task within the established deadlines without valid reasons;
• if the employee systematically fails to fulfill the duties stipulated in the employment contract or internal labor regulations.

The grounds for termination must be confirmed by documents and formalized in accordance with the requirements of labor legislation.

7) What legal recourse is available to employees in case of unlawful termination?

If the dismissal is recognized as unlawful, the employee has the following rights:

Appeal to the Service for State Supervision in the Sphere of Labor, Migration and Employment to complain against the illegal dismissal and reinstatement at the previous workplace.

Appeal against the dismissal in court and reinstatement at the previous workplace.

Payment of average earnings for the period of forced absenteeism - for the entire period until reinstatement the employee has the right to appeal to the court within three months from the date of receipt of the dismissal notice or order.

8) What is the procedure for terminating an employment contract with foreign nationals?

The procedure for termination of an employment contract with foreign nationals in the Republic of Tajikistan is carried out on general grounds, identical to those applicable to citizens of the Republic of Tajikistan.

The grounds and procedures for termination are governed by the provisions of the Labor Code of the Republic of Tajikistan, without the establishment of any special distinctions for foreign employees.

Authors: Mukhamedov Kamoliddin, Juraev Aziz