Termination Process
Labor contract can be terminated in the following cases:
- by the mutual agreement of parties
- by the initiatives of the Employee
- by the initiatives of the Employer
- after its expiration
- in circumstances beyond the control of parties
- transfer of Employee to another job (position) based on his/her selection or appointment to another position (post), which excludes the possibility of continuation of the labor contract, except the cases envisaged by the legislation of the Republic of Tajikistan.
The labor contract termination is documented by a document issued by the Employer except the cases when it is terminated due to death of the Employer or the court declares the Employer – individual entity, home worker and domestic workers to have died or missing.
The Employer is obliged to inform the Employee in writing about the termination of labor contract signed for indefinite period within the following timelines: -
In case of labor contract termination due to the liquidation of organization or termination of operation of employer- individual entity or redundancy of the number of staff or job unit - not later than two months in advance;
In case the labor contract is terminated because the Employee is not suitable to his/her work due to lack of qualification or health state - not later than one months.
During the notification period, the Employee has the right to be absent in work not less than one day a week by holding his/her full salary to search another job.
By the agreement of parties, the labor contract can be terminated for the outlined reasons before the end of notification period by providing compensation equal to not less than average daily remuneration for the everyday remaining until the end of this period.
The Employer is obliged to inform the relevant authorized public entity on labor and employment about the upcoming (expected) dismissal of staff by outlining their specialty, professional degree and salary size within the timelines defined by the legislation of the Republic of Tajikistan.
Notice Period
The notice period in Tajikistan is:
The Employer is obliged to inform the Employee in writing about the termination of labor contract signed for indefinite period within the following timelines:
- In case of labor contract termination due to the liquidation of organization or termination of operation of employer-individual entity or redundancy of the number of staff or job unit - not later than two months in advance.
- In case the labor contract is terminated because the Employee is not suitable to his/her work due to lack of qualification or health state - not later than one months.
During the notification period, the Employee has the right to be absent in work not less than one day a week by holding his/her full salary to search another job.
By the agreement of parties, the labor contract can be terminated for the outlined reasons before the end of notification period by providing compensation equal to not less than average daily remuneration for the everyday remaining until the end of this period.
The Employer is obliged to inform the relevant authorized public entity on labor and employment about the upcoming (expected) dismissal of staff by outlining their specialty, professional degree and salary size within the timelines defined by the legislation of the Republic of Tajikistan.