Categories
On approval and implementation of the Labor Code of Turkmenistan
(Data of the Mejlis of Turkmenistan, 2009, No. 2, Article 30)
Article 1. The Labor Code of Turkmenistan should be approved.
Article 2. The Labor Code of Turkmenistan should enter into force on July 1, 2009.
Article 3. As of the date of entry into force of this Code, the following laws shall be repealed:
1) The Code of Labor Laws of Turkmenistan approved by the Law of Turkmenistan dated June 28, 1972, with amendments and additions introduced by the Mejlis of Turkmenistan as of October 1, 1993, all subsequent laws or amendments to it their respective departments;
2) the Law of Turkmenistan "On Labor Protection" adopted by the Mejlis of Turkmenistan on October 1, 1993, all subsequent laws with amendments and additions, or their relevant sections;
3) The Law of Turkmenistan "On Permits" adopted by the Mejlis of Turkmenistan on June 12, 1997, all subsequent laws with amendments and additions, or their relevant sections.
Article 4. The act of the Labor Code of Turkmenistan applies to labor relations that have arisen after its entry into force.
If the labor legal relationship was established before the entry into force of this Code, it shall apply to the rights and obligations arising after its entry into force. The provisions of this Code shall be applied in cases where they are in conflict or the situation of corporate and (or) individual parties deteriorates.
Article 5. The laws and regulatory acts of Turkmenistan shall continue to operate as long as they are not inconsistent with the Labor Code of Turkmenistan.
Article 6. The Cabinet of Ministers of Turkmenistan must bring the normative legal acts of Turkmenistan into line with the Labor Code of Turkmenistan within three months.
President of Turkmenistan |
Gurbanguly Berdimuhamedov |
Ashgabat city. April 18, 2009. No. 29-IV. |
of TURKMENISTAN
LABOR CODE
This Code regulates the labor relations of persons working in enterprises, institutions and organizations (hereinafter - enterprises), individuals and individuals, regardless of the types of organizational law and ownership.
Part I. General rules
Article 1. Objectives and main functions of the labor legislation of Turkmenistan
1. The objectives of the labor legislation of Turkmenistan are to establish state guarantees of the labor rights of citizens, to create favorable working conditions, and to protect the rights and interests of employees and employers.
2. The main tasks of the labor legislation of Turkmenistan are to create the necessary social and legal conditions and guarantees for citizens to implement their constitutional rights to work, to achieve economic development, to improve the welfare of people, to ensure the efficient functioning of the labor market, to ensure the effective functioning of the labor market, to protect employees, employers, state authorities and consists in the legal regulation of labor relations aimed at the development of social cooperation between local self-government bodies, as well as other relations directly related to labor.
(In the edition of the Law of Turkmenistan dated June 9, 2018 - Data of the Mejlis of Turkmenistan, 2018, No. 2, Article 48).
Article 2. Labor legislation of Turkmenistan
1. The labor legislation of Turkmenistan is based on the Constitution of Turkmenistan and consists of this Code and other normative legal acts of Turkmenistan that contain labor law norms.
2. The laws of Turkmenistan and other normative legal acts of Turkmenistan, which contain the norms of labor law, should not conflict with this Code.
3. Collective agreements should not contain conditions that reduce the level of rights and guarantees of employees specified in the labor legislation of Turkmenistan.
4. In case of contradictions between this Code and other normative legal acts of Turkmenistan, which include the norms of labor law, as well as if collective agreements (agreements) contain conditions that reduce the level of rights and guarantees of employees, then this Code applies.
(In the edition of the Law of Turkmenistan dated June 9, 2018 - Data of the Mejlis of Turkmenistan, 2018, No. 2, Article 48).
Article 3. The time when the labor legislation of Turkmenistan is in force
The labor legislation of Turkmenistan applies to relations that have arisen after its entry into force and has no retroactive effect. The legal force of an article of the labor legislation of Turkmenistan, when it is directly provided for in this article, also applies to the relations that arose before its entry into force.
Article 4. Limits of operation of the labor legislation of Turkmenistan
1. The labor legislation of Turkmenistan applies to labor relations arising on the territory of Turkmenistan, as well as to relations related to it, unless otherwise specified in these articles of labor legislation.
2. The labor regulations of the local government and local self-government bodies operate within the respective administrative-territorial units and must comply with the basic norms of the labor legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 9, 2018 - Data of the Mejlis of Turkmenistan, 2018, No. 2, Article 48).
Article 5. This Code is applicable
1. The effect of this Code applies to labor and related relations within the territory of Turkmenistan.
2. Unless otherwise provided for by the legislation of Turkmenistan or the international agreement of Turkmenistan, this Code applies to all employers and employees who enter into labor contracts within the territory of Turkmenistan.
3. This Code of labor and relations related to it is applied to separate groups of employees (military, state and other employees) in the cases provided for by the relevant legislation of Turkmenistan, which defines their work or their legal status.
4. The norms of labor law established in this Code and other normative legal acts of Turkmenistan, unless otherwise provided by the legislation of Turkmenistan or the international agreement of Turkmenistan, apply to foreign citizens, stateless persons, employees of international organizations, as well as foreign legal entities located in the territory of Turkmenistan. or refers to the labor relations of employees of enterprises of which natural persons are the founders or owners (full or partial).
5. In the cases where it is determined that the labor relations between the employee and the employer are actually regulated by a civil-law contract, the provisions of the labor legislation of Turkmenistan are applied to such relations.
6. This Code does not apply to the following persons (unless they are at the same time employers or their representatives in the manner prescribed by this Code):
1) to the members of the board of directors (supervisory boards) of enterprises (this does not apply to people who have concluded an employment contract with that enterprise);
2) to employees under civil law contracts;
3) to other people, if this is established by the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 6. State guarantees of labor rights
1. The right of citizens to work, including the right to choose their profession, occupation and workplace, to healthy and safe working conditions, and protection from unemployment, is guaranteed by the Constitution of Turkmenistan.
2. Every citizen has a special right to use his skills for productive and creative work and to carry out any work not prohibited by the legislation of Turkmenistan.
3. Every citizen has the right to freely choose a place of work by applying directly to the employer or through state employment agencies (services).
4. Protection of labor rights is guaranteed by the state. The minimum level of labor rights and guarantees for employees is determined by this Code.
5. Public employment agencies (services) provide free assistance to the public in choosing a suitable job and finding a job.
Article 7. Prohibition of discrimination in employment relations
1. Nationality, color, race, sex, origin, property and job status, place of residence, language, age, religion, political opinion, party affiliation or non-party affiliation, as well as the business characteristics of employees. and situations unrelated to the results of their labor are not allowed to limit their labor rights or to receive any advantages in their implementation depending on others.
2. Differences in labor established by the legislation of Turkmenistan, conditioned by the state's special concern for the specific requirements of this type of labor or people in need of increased life and legal protection (women, minor children, people with disabilities, etc.), are not a violation of rights.
3. People who believe that they have been subjected to a violation of their rights at work have the right to apply to the court with an appropriate application.
(In the Redaction of the Laws of Turkmenistan of June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2019, No. 1, Article ___) .
Article 8. Prohibition of forced or compulsory labor
1. Forced or compulsory labor is prohibited.
2. Forced or compulsory labor is any work (servitude) that is demanded from a person by means of threats of any kind of punishment, and for the performance of which he has not voluntarily offered his services.
In the absence of public or private protection systems, or in the event that the performance of the required work may pose a threat to the life and health of the employee, the employer may require the employee to perform labor duties, as well as the failure to pay wages in full or on time. , increasing the duration of working hours without the payment of appropriate wages also refers to forced or compulsory labour.
3. The following are not considered forced or compulsory labor:
1) any work (service) required under the laws of compulsory military service and used only for work of a military nature;
2) any work (service) that is part of the citizens' normal civil duties;
3) any work (service) performed in order to eliminate industrial accidents and in other similar cases;
4) in emergency situations (when a state of emergency or war is declared, disaster or threat of disaster: fires, floods, storms, earthquakes, epidemics or epizootics), as well as the entire population or any work (servitude) performed in other situations that threaten the life and normal living conditions of a part of it;
5) any work (servitude) under the control of a state agency, which is required for the execution of a legally binding judgment or decision of the court in accordance with the legislation of Turkmenistan;
6) disciplinary action for administrative law violations;
7) minor public works, i.e., works performed by members of the working public for the direct benefit of the working public and, accordingly, can be considered normal civic duties of the working public.
(In the Redaction of the Laws of Turkmenistan dated February 28, 2015 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2015, No. 1, Article 35, 2016, No. 2, Article 101) .
Article 9. Regulation of labor of members of farmers' associations and farms
The labor of members of peasant associations, farms and other agricultural enterprises is regulated by this Code, their charters, as well as by the legislation of Turkmenistan on the work of peasant associations, farms and other agricultural enterprises.
Part II. Labor relations, aspects of labor relations, their rights and obligations
Article 10. Labor relations
Labor relations are defined as the agreement between the employee and the employer on the paid performance of the employee's personal labor duties when the labor conditions stipulated in the labor law, labor contract, collective agreement (agreement) are provided by the employer (certain occupation, profession, professional level or and work on duty), understood as relations based on the employee's subordination to the internal labor regulations of the enterprise.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 11. Subjects of labor relations
Employee, employer, representative of employees, representative of employer are subjects of labor relations.
Article 12. Aspects of labor relations
1. The employee and the employer are parties to the labor relationship.
2. An individual who enters into labor relations with an employer is an employee. The employee carries out his work (performs his work, service) based on the employment contract according to a specific profession, professional level, job title, level of work or position.
A group of duties (tasks) performed by an employee according to a specific occupation, profession, professional level, job title, labor level or position, job specifications (duties) and regulations approved in accordance with the procedure established by the legislation of Turkmenistan. is determined by
3. An employer is a legal entity or a natural person who uses hired labor and enters into labor relations with an employee, regardless of the type of organization and ownership.
For the purposes of this Code, an employer is a natural person:
1) a natural person registered as a private entrepreneur in accordance with the prescribed procedure, carrying out business activities without creating a legal entity;
2) a private party, not a private entrepreneur, who enters into an employment relationship with employees for the purpose of personal service and assistance in running the household.
4. The emergence, change and termination of labor legal relations between the parties to the labor contract are formalized by order of the employer.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 13. Basic rights and obligations of an employee
1. The employee has the right to:
1) to conclude, change and terminate the labor contract in accordance with the procedure and conditions established by the labor legislation of Turkmenistan;
2) assigning the work stipulated in the labor contract to him;
3) to a workplace that meets the requirements of labor organization and technical safety, sanitation and hygiene, collective agreement (union) requirements provided by the state standards;
4) complete and reliable information about labor conditions, technical safety and labor protection requirements at the workplace;
5) equal pay for work of equal value, without any discrimination, to receive a full wage in accordance with one's skill, level of expertise, complexity of work, quantity and quality of work performed, but the wage shall be lower than the minimum wage established by the legislation of Turkmenistan. should not be low;
6) to receive information about the salary calculated for him and the deductions from him;
7) for individual professions and groups of employees, to determine the length of working hours, reduced working hours, weekly days off, non-worked holidays and memorial days, as well as annual paid basic and additional leave;
8) professional training, retraining and professional development;
9) scientific-intellectual property, authorship for rationalization or invention, as well as reward for copyright;
10) to unite in order to protect their labor rights, freedoms and legal interests, including union associations, as well as other public associations, unless otherwise provided by the legislation of Turkmenistan;
11) to participate in the management of the enterprise in the forms provided for in the legislation of Turkmenistan, in the collective agreement;
12) for the authors of inventions and industrial designs granted patents to the employer or his legal representative and for the developers (creators) of the object of scientific intellectual property, as well as in the cases provided for in the charters of enterprises and the legislation of Turkmenistan, to the share of benefit (income) received by the owner from the use of the object of intellectual property;
13) to protect and protect their labor rights, freedoms and legal interests, as well as to protect their personal information, by all methods not prohibited by the legislation of Turkmenistan;
14) participate in the development of the collective agreement (union) and familiarize with it;
15) Guarantees and compensation for damages to life, health or property, including moral damages, related to the performance of labor duties in accordance with the legislation of Turkmenistan;
16) to state pension insurance and social security by age, in case of loss of work capacity, in case of loss of a dependent and in other cases established by the legislation of Turkmenistan;
17) To other rights stipulated in the labor legislation of Turkmenistan, labor contract, collective agreement (reconciliation).
2. The employee shall:
1) to perform their labor duties in good faith;
2) to comply with established labor regulations;
3) to observe labor regulations, internal labor regulations of the enterprise;
4) to carry out written or verbal orders of the employer that do not contradict the legislation of Turkmenistan, internal labor regulations and collective agreement (relationship);
5) to comply with the rules, guidelines, regulations and orders on labor protection and technical safety of labor;
6) to observe the prescribed order of keeping documents, material, money and other valuables;
7) to ensure compliance with the established requirements for the quality of the manufactured product, performed works, completed services, to prevent the production of poor-quality products at work, to comply with technological regulations;
8) to take care of the property of the employer (if the employer is responsible for the safekeeping of the property, including the property of third parties at the employer) and other employees;
9) to keep his workplace orderly and clean;
10) not to disclose information entrusted to him, constituting state, commercial and other secrets in accordance with the legislation of Turkmenistan;
11) to notify the employer or direct supervisor about the occurrence of a situation that poses a threat to the life or health of people, the maintenance of the employer's property (if the employer is responsible for the maintenance of the property, including the third party at the employer to the property of the parties);
12) To fulfill other obligations stipulated in the labor law of Turkmenistan, labor contract, collective agreement (reconciliation).
(In the editorial office of the Laws of Turkmenistan dated June 22, 2013, November 8, 2014, June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2013, No. 2 , Article 45; 2014, No. 4, Article 151; 2016, No. 2, Article 101; 2018, No. 2, Article 48).
Article 14. Basic rights and obligations of the employer
1. The employer has the following rights:
1) to conclude, change and cancel labor contracts with employees in accordance with the procedure established by this Code and other normative legal acts of Turkmenistan;
2) upon hiring, to require the employee to provide the documents provided for in this Code confirming the right and ability to engage in a specific job (work, service) and (or) hold a specific position;
3) to issue executive and dispositional documents within the limits of their authority;
4) if the employer is responsible for the maintenance of the property, to require the employees to comply with the terms of the labor contract and internal labor regulations of the enterprise, as well as to take care of the employer's property, including the property of third parties at the employer;
5) to set a trial period for an employee when concluding an employment contract;
6) to motivate employees;
7) to present employees to be awarded with state awards, elected institutions;
8) reimbursement of expenses related to the employee's education;
9) to bring employees to disciplinary and financial responsibility in accordance with the procedure established by this Code and other laws of Turkmenistan;
10) to submit the issue of violation of the labor regulations by the employee to the consideration of the workers;
11) compensation for damages caused by the employee;
12) to form and join employers' associations for the purpose of representation and protection of their rights and legal interests;
13) To exercise other rights stipulated in the labor legislation of Turkmenistan, labor contract, collective agreement (reconciliation).
2. The employer shall:
1) to comply with the labor legislation of Turkmenistan, terms of the labor contract, collective agreement (union);
2) to employ employees in accordance with the labor contract and the agreement of the parties;
3) to introduce modern means of labor protection, to provide working conditions that meet safety and hygiene requirements and prevent industrial injuries and occupational diseases;
4) to provide employees with the necessary means to perform their work duties;
5) to create the necessary working conditions for people with disabilities in accordance with the special program of rehabilitation;
6) to provide employees with equal pay for work of equal value;
7) to pay wages on time and in full and make other payments provided for by the legislation of Turkmenistan;
8) to provide information about the salary calculated to the employee and the attitudes taken from it when the salary is paid to the employee;
9) to provide the employee with information and documents related to pension provision within the time limits established by the legislation of Turkmenistan;
10) to organize and maintain the account of working hours;
11) to conduct collective negotiations, to conclude collective agreements (agreements) in the manner prescribed by this Code;
12) to provide trade union and other representative organizations of employees with complete and correct information necessary for concluding a collective agreement (union) and monitoring its implementation;
13) to ensure the access of trade unions and other representative bodies of employees to enterprises and workplaces, including the investigation of accidents in production (at work), as well as to assist them;
14) to create and ensure the operation of the archive of documents confirming the work of employees, information on wages, funds transferred to the state pension insurance, as well as to submit relevant documents to the state for storage in accordance with the procedure established by the legislation of Turkmenistan;
15) to ensure proper registration of orders to hire, fire, and change the workplace;
16) to ensure the safe keeping and accounting of personal data of employees, as well as the safe keeping and accounting of labor books, and the correctness of keeping records in them in accordance with Article 30 of this Code;
17) not to disclose personal data and information about employees;
18) to create conditions that ensure the participation of employees and trade union organizations in the management of the enterprise in the forms provided for by the legislation of Turkmenistan;
19) to assist trade union organizations in organizing their work at the enterprise, as well as to provide necessary conditions for their work, general meetings (conferences), and other events;
20) to provide employees with social services, health care and other services related to the performance of their labor duties;
21) to ensure state pension insurance of employees in accordance with the procedure established by the legislation of Turkmenistan;
22) to consider the instructions of the executive power, state control audit and public control agencies about the detected violations of the labor legislation of Turkmenistan, to take measures to correct them and to inform the specified authorities about the adopted measures;
23) to compensate the damage (damage) caused to the employee in connection with the performance of labor duties in accordance with the procedure and conditions established by the legislation of Turkmenistan;
24) to stop the work if the continuation of the work endangers the life or health of the employee;
25) to fulfill other obligations stipulated in the labor legislation of Turkmenistan, labor contract, collective agreement (reconciliation).
3. The rights and obligations of the employer in labor relations are carried out by the administrative office of a physical or legal entity or its authorized person in accordance with the procedure established by the legislation of Turkmenistan, as well as in the founding documents.
(In the editorial office of the Laws of Turkmenistan dated June 22, 2013, November 8, 2014, June 18, 2016, June 9, 2018 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45; 2014, No. 4, Article 151; 2016, No. 2, Article 101; 2018, No. 2, Article 48 2019, No. 1, Article ___).
Part III. Creation, modification and termination of employment relationships
Chapter 1. Employment contract
Article 15. The basis for the formation of labor relations
1. In accordance with this Code and other normative legal acts of Turkmenistan, the labor contract concluded between the employee and the employer is the basis for the creation of labor relations.
Despite the fact that the employment contract is not properly formalized, the actual employment of a person by the authority or on the authority of the employer or his representative is also the basis for the emergence of labor relations.
2. Likewise, the following are the basis for the creation of labor relations in the cases and in the order established by this Code and other normative legal acts of Turkmenistan or the charter (regulation) of the enterprise:
1) election of a person to an elective position;
2) competitive selection of a person to replace the relevant position;
3) appointment or approval of a person;
4) sending a person to work at the expense of the amount determined by authorized state bodies;
5) appointing a person to a position after completion of military service and service on call in internal affairs agencies, after the end of the term of office in elected institutions, after completion of study or work at the employer's discretion, including study or work abroad;
6) reinstatement of the illegally dismissed person to work by court decision.
Article 16. Employment contract and procedure for concluding it
1. Labor contract - this is an agreement between the employer and the employee that specifies the mutual basic rights and obligations of the parties, according to which the employer can provide a job (workplace) to the employee on the basis of conditional labor obligations, provided for in this Code and other normative legal acts of Turkmenistan. undertakes to ensure the agreed labor conditions, to pay the wages on time and in full, and the employee is obliged to fulfill the labor duties defined in this contract, to comply with the internal labor regulations of the enterprise and other legal obligations stipulated in the labor contract, collective agreement (agreement) owes.
An employment contract is concluded based on the written application of a person by the employer issuing an order to hire him.
2. An employment contract between an employer - a natural person and an employee using temporary labor is concluded in accordance with the procedure provided for in Articles 288-300 of this Code.
3. An employee's application is not required when concluding an employment contract with the persons specified in the second part of Article 15 of this Code.
4. If a person has been deprived of the right to hold a certain position or engage in a certain business for a certain period of time according to a legally binding judgment of the court, then it is not allowed to conclude an employment contract with him until that period is completed.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 17. Signs of an employment contract
The characteristics that distinguish an employment contract from other types of contracts are as follows:
1) the employee's performance of labor duties in a certain profession, profession, professional level or position in accordance with job manuals;
2) performance of duties subject to internal labor regulations of the enterprise;
3) receiving the employee's salary in accordance with the quantity and quality of work, the complexity of the work performed;
4) Existence of working conditions stipulated in the labor legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 18. Term of employment contract
1. Labor contracts may be concluded for the following periods:
1) for an indefinite period (indefinitely);
2) for a fixed term (temporary), but not more than five years.
2. Unless otherwise provided in this Code and other normative legal acts of Turkmenistan, temporary labor in cases where labor relations are not of a permanent nature, or in cases where the nature of the work to be performed or the condition of its performance cannot be determined for an indefinite period. contract is concluded.
3. A fixed-term labor contract may be concluded in the following cases:
1) to replace a temporarily absent employee, when his workplace is preserved in accordance with the labor legislation of Turkmenistan;
2) to carry out emergency actions to prevent accidents, disasters, accidents, epidemics, epizootics, as well as to correct the consequences of the specified and other emergency situations;
3) with people who are sent to work abroad;
4) for temporary (up to two months) works, as well as seasonal works, when based on natural conditions, work can be carried out only during a certain period of time (season);
5) with people who work in enterprises in places with severe or special climatic conditions (arid, desert), if this work is related to moving to the place of work;
6) small business subjects - employers, as well as individuals - employers with people who are employed;
7) to carry out works that go beyond the limits of the enterprise's normal operation (updating, installation, adjustment and other works), as well as to carry out works related to the known temporary (up to one year) expansion of production or the expansion of the scope of finished services;
8) with people who join enterprises created for a specific period of time or to perform a specific task;
9) in cases where the execution (completion) of the work cannot be determined by a specific date, with the persons who are accepted to perform the specific work;
10) for work directly related to training and vocational training of the employee;
11) with the permission of the head of the relevant educational institution, with people studying in full-time mode;
12) with people who work in the same enterprise with their main job;
13) with age pensioners, as well as with people who are allowed to work only temporarily due to their health status according to the medical report;
14) with creative staff of mass media, cinematographic organizations, theaters, theatrical and concert organizations, circuses and other people involved in the creation and (or) performance of works, skilled athletes;
15) with scientific, teaching and other employees who entered into labor contracts for a fixed period as a result of the competition held in accordance with the procedure established by the legislation of Turkmenistan, state power or other regulatory legal acts of the local self-government body;
16) show the work of members of elected bodies or officials when elected to an elected body or to an elected position in a paid job for a certain period of time, as well as in local government and local self-government institutions, as well as political parties and other public associations. - when engaged in work related to direct provision;
17) with people sent by the state agency (service) providing employment for temporary work, including public work;
18) with managers, deputy managers and chief accountants of enterprises, regardless of organizational legal forms and types of ownership.
4. If the employment contract does not specify its validity period, then the contract is considered to be concluded for an indefinite period.
5. If neither of the parties demands its termination due to the expiration of the term of the employment contract, and the employee continues to work after the expiration of the term of the employment contract, then the employment contract is considered to be concluded for an indefinite period.
6. When a fixed-term labor contract is concluded without sufficient grounds by an institution or a court that carries out state control and control over the observance of the labor legislation of Turkmenistan, this contract is considered to be concluded without a fixed term.
7. It is forbidden to enter into fixed-term labor contracts with the purpose of denying the rights and guarantees provided for employees with indefinite-term labor contracts.
(June 22, 2013, November 8, 2014, August 18, 2015, June 18, 2016, June 9, 2018, and June 2019 In the edition of the Laws of Turkmenistan dated March 2 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45; 2014, No. 4, Article 151; 2015, No. 3, Article 112; 2016, No. . No. 2, Article 101; 2018, No. 2, Article 48; 2019, No. 1, Article ___).
Article 19. Prohibition of non-conditional performance requirements in employment obligations
The employer has no right to require the employee to perform tasks not stipulated in the labor duties, except for those directly provided by the legislation of Turkmenistan.
Article 20. Entry into force of employment contract
1. Unless otherwise stipulated in the labor law, labor contract, collective agreement (agreement), the labor contract shall be effective from the day the employer signs the order issued based on the written application of the person, or with the authority of the employer (his authorized representative) or on the authority of the employer (his authorized representative). effective from the date of actual release of the employee to work (service).
2. The labor contract concluded between the employer and the individual employing hired labor and the employee shall be effective from the date of its signature by the employer and the employee.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 21. The invalidity of the employment contract
1. An employment contract is recognized as invalid in the following cases:
1) if it was made under the influence of deception, intimidation, use of force and other forms of coercion;
2) if it was concluded for the purpose (false labor contract) without the intention to create legal consequences;
3) if it is committed by a person who is incapable of understanding the importance of his actions;
4) if it is committed by a person recognized as incompetent due to mental illness or immaturity in accordance with the established procedure.
2. The invalidity of the labor contract is recognized by the court.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 22. Limitations on joint work (service) of spouses
1. People who are closely related or related to each other (parents, spouses, brothers, sisters, sons, daughters, as well as parents, brothers, sisters and children of the spouses) if their work (service) ) is not allowed to work (serve) together in the same state enterprise if they are related to direct (direct) subordination or under the control of one of the other, except for holding elective positions.
The persons mentioned in the first sentence of this part are subject to the procedure established by this Code, to be transferred to another job or to another place, or to be dismissed.
2. Exceptions to the rules provided for in the first sentence of the first part of this article may be established by the legislation of Turkmenistan.
(In the Redaction of the Laws of Turkmenistan dated June 22, 2013, June 9, 2018 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2013 y., No. 2, Article 45; 2018 y. , No. 2, Article 48; 2019, No. 1, Article __).
Chapter 2. Entering into an employment contract
Article 23. Age at which an employment contract can be concluded
1. An employment contract is concluded with a person who has reached the age of eighteen.
2. An employment contract with a person under the age of eighteen can only be concluded with his/her own consent and the consent of one of his/her parents (guardian) and with the permission of the guardianship and guardianship office, including works in cinematographic institutions, theaters, theater and concert organizations, circuses. It is allowed to participate in the creation and (or) implementation, if his work does not interfere with continuing his studies at school, does not harm his health and moral development. In this case, the employment contract is signed by his parent (guardian) on behalf of the employee, and consent and permission to conclude the employment contract is formalized in writing.
3. In accordance with Article 60 of this Code, the employment of persons under the age of eighteen is allowed by concluding a labor contract, specifying a shortened duration of working hours.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 24. Guarantees when concluding an employment contract
1. Unreasonable refusal to conclude an employment contract is prohibited. Employers, officials or their authorized persons bear the responsibility established by the legislation of Turkmenistan for unjustified dismissal.
2. Refusal to conclude an employment contract is considered unreasonable in the following cases:
1) people who are sent to work by the state employment agency (service) at the expense of the prescribed number of jobs according to the results of the health care institution, and are not prohibited from performing the relevant labor duties;
2) people who have a written invitation to work (service) in order to transfer to another company within one month from the date of dismissal from the previous workplace according to the agreement between the employers;
3) people who came to work (service) on referral after completing training schools at the request of the employer or in accordance with the contract concluded with him;
4) persons who have the right to conclude a labor contract based on a collective agreement (union);
5) women who are pregnant and have children under the age of three (disabled children up to the age of eighteen);
6) people with disabilities, if, based on the results of a medical expert group, their health does not interfere with the performance of professional duties or does not pose a threat to the health and labor safety of other people;
7) persons on grounds of discrimination in labor relations in accordance with the first part of Article 7 of this Code;
8) conscripted military servicemen who were called up for military service from this enterprise and joined it within three months after being released into the reserve.
3. At the request of a person who has refused to sign an employment contract, the employer is obliged to notify the reason for refusal in writing no later than three days after the application. Refusal to provide reasons for refusing to enter into an employment contract may be appealed to the court.
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014, June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2016 , No. 2, Article 101; 2019, No. 1, Article ___).
Article 25. Documents required when concluding an employment contract
1. When concluding an employment contract, an individual entering employment must provide the following to the employer:
1) a document confirming the identity of a citizen of Turkmenistan (passport or other document that replaces it, birth certificate for people under the age of sixteen);
2) a military account document for military debtors and persons subject to military service;
3) labor record, except for an employee who signs an employment contract for the first time or enters a job compatible with his main job;
4) a diploma or other document on education, professional or special education for a job that requires special education or special training in accordance with the legislation of Turkmenistan;
5) medical report on health status and other documents confirming other employment-related conditions, if their presentation is provided for by the legislation of Turkmenistan.
2. When concluding an employment contract, the employer has no right to demand documents not provided for in this Code.
3. In individual cases, taking into account the nature of state or other work (service), when concluding an employment contract, the need to present additional documents may be considered in accordance with the legislation of Turkmenistan.
Article 26. Formalization of recruitment
1. Employment is formalized by an order issued by the employer based on the applicant's application.
Official employment of an employee to an employer - a natural person is the conclusion of an employment contract between them in accordance with the second part of Article 16 of this Code.
2. The employer's hiring order is signed and announced to the employee within three days.
3. At the employee's request, the employer is obliged to provide him with a duly certified copy of the specified order.
4. When hiring, the employer must:
1) to introduce the employee to the assigned work, working conditions and salary in accordance with the job description, to explain his rights and obligations;
2) to acquaint the employee with collective agreements (agreements) and documents regulating internal labor regulations;
3) to explain to the employee technical safety, occupational hygiene, fire safety and other labor protection requirements.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 27. Commencement of employment contract
1. The date on which the employee is obliged to perform his labor duties in the order (contract) is the date on which the labor contract begins to operate.
2. When the employer's hiring order (contract) is not properly formalized, the actual hiring of the employee is the beginning of the employment contract. An order to hire an employee must be issued no later than three calendar days from the date of actual hiring.
3. If the employee does not start work within seven calendar days of the specified period without valid reasons, then the employment contract shall be deemed not to have been concluded.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 28. A probationary employment contract
1. When concluding an employment contract, a probationary period may be set with the agreement of the parties in order to check the suitability of the employee for the assigned work. The probationary period shall not exceed three months, for heads of enterprises and their deputies, chief accountants and their deputies, heads of branches, representative offices and other separate structural units of enterprises, unless otherwise specified by the legislation of Turkmenistan, this period shall not exceed six months.
The period of the employee's temporary incapacity for work and other periods of his absence from work are not included in the probationary period.
2. The condition of the probationary period must be indicated at the time of employment. If the order does not specify the condition of the probationary period, it means that the employee is accepted without a probationary period.
3. During the probationary period for the employee, the labor legislation of Turkmenistan, as well as the conditions of the collective agreement (union) apply.
The probationary period is included in the working period.
4. When concluding an employment contract, the trial period is not set for the following:
1) to persons under the age of eighteen;
2) to people who have completed secondary and higher vocational education institutions and are employed based on a job referral letter in the profession they have received;
3) to people with disabilities;
4) temporary and seasonal employees;
5) to pregnant women, as well as to women with children up to three years old (children with disabilities up to eighteen years old);
6) to persons transferred to another job, place or employer;
7) to the persons employed in the competition held in accordance with the procedure established by the legislation of Turkmenistan to occupy the relevant position;
8) to persons selected for elective paid employment;
9) persons called to work in order to transfer from another employer by agreement between employers;
10) In other cases stipulated by the legislation of Turkmenistan.
5. The employer has the right to terminate the employment contract with the employee who has not passed the trial period before the end of the trial period, and must notify him in writing no later than three calendar days before the termination of the employment contract. In this case, the employer is obliged to provide reasons for considering that the employee failed the test. The employer's decision can be appealed to the court by the employee.
6. If the employment contract is not terminated within the probationary period, the employee is considered to have passed the probationary period, and then termination of the employment contract is allowed only on general grounds.
7. If during the trial period the employee concludes that the job offered to him is not suitable for him, he has the right to terminate the employment contract at his own discretion, and he must notify the employer about this in writing within three calendar days.
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014, June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151; 2016 No. 2, Article 101; 2019, No. 1, Article __).
Article 29. Medical diagnosis when concluding an employment contract
Persons under eighteen years of age at the time of concluding an employment contract, as well as other persons in accordance with the procedure provided for in Articles 187 and 251 of this Code, are required to undergo a preliminary medical examination.
Article 30. Workbook
1. The labor record is the main document of the employee's work.
2. There is a prescribed copy of the labor book. The model of labor notebooks, the order of issuing, maintaining and keeping them is determined by the Cabinet of Ministers of Turkmenistan.
3. If the work (service) is the main one for the employee, the employer (except for employers who are natural persons) is obliged to keep labor records for each employee who has worked more than five days in the enterprise in accordance with the established procedure.
In accordance with the law of Turkmenistan, labor records of natural persons registered by the relevant tax authorities as private entrepreneurs are formalized by local labor and public employment agencies of the Ministry of Labor and Social Protection of Turkmenistan.
4. Information about the employee, his hiring, permanent employment, election to elected bodies, dismissal of the employee, as well as grounds for terminating the labor contract, information about employee rewards and incentives, and other information in accordance with the legislation of Turkmenistan are entered in the labor book. Information about terminations is not entered in the labor book, except when the employee is dismissed according to the rules and regulations.
According to the employee's request, the information that he works in conjunction with his main job is entered in the labor book at the main place of work on the basis of a document confirming the compatible work.
The employee's personal registration number in the pension insurance system is also recorded in the labor book.
5. If all the pages of any part of the work book are filled out, the top of the work book is filled with content in the prescribed manner.
6. Records of the termination of the labor contract are entered in the labor book in strict accordance with the provisions of this Code with reference to the relevant paragraph, part and article of this Code and other normative legal acts of Turkmenistan.
(In the Redaction of the Laws of Turkmenistan dated June 22, 2013, November 8, 2014, June 18, 2016, August 26, and November 4, 2017 - Data of the Mejlis of Turkmenistan, 2013 Law No. 2, Article 45, Law No. 4, Article 151 of 2014, Law No. 2, Article 101 of 2016, Law No. 3, Article 111 of 2017, Law No. 4, Article 147 substance).
Chapter 3. Labor conditions. Change the terms of the employment contract
Article 31. Labor conditions
1. Labor conditions are defined as the totality of legal, social and production-technical factors necessary for an employee's labor (work, service). They include the place of work (place of work), the amount and conditions of payment of wages, benefits, salary, profession, title of position, rules of work and rest time, coordination of work, permits, compensations and payments, labor protection and technical safety, work-life and other conditions of employment apply.
2. Labor conditions are determined by the labor legislation of Turkmenistan, as well as by agreement of the parties to the labor contract and collective agreement (union).
Article 32. Modification of working conditions
1. With the agreement of the parties to the labor contract and collective agreement (union) related to changes in productivity and labor organization, it is allowed to change the established labor conditions while continuing to work in the same occupation, profession or position. The employee must be informed about changes in working conditions no later than one month before they start.
If the previous terms of employment cannot be maintained, and the employee does not agree to continue working under new terms, then the employment contract is terminated in accordance with clause 1 of the first part of Article 39 of this Code.
2. It is allowed to change the working conditions at the request of one of the parties to the labor contract with the consent of the other party. One of the parties must be notified in writing about changing the working conditions no later than one month.
3. The employer has the right to change the terms of employment if the employee continues his work (service) in the same occupation, profession or position defined in the employment contract. The employee must be notified in writing about the change of working conditions no later than one month.
If the organization of production and labor changes, the scope of work leads to mass dismissal of employees, then the employer has the right to change the working conditions of employees without observing the period of warning in agreement with the trade union of the enterprise or other representative organization of employees in order to keep the jobs. In this case, the duration of working time cannot be less than half of the salary scale of working time, and the wage cannot be lower than the minimum amount of wages established by the legislation of Turkmenistan.
4. The employee has the right to request the employer to change the working conditions in the cases specified in the labor legislation of Turkmenistan, as well as agreed upon by the parties to the labor contract. An employee's application to change working conditions must be considered by the employer within three days.
5. Changes to labor conditions that worsen the employee's situation compared to the terms of the collective agreement (union) cannot be made.
6. Change of labor conditions is formalized by the employer's order signed by the employee.
7. The employee has the right to appeal to the court if the working conditions are changed by the employer. The onus is on the employer to prove that it is impossible to maintain the previous working conditions.
(In the edition of the Law of Turkmenistan of November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151)
Article 33. Permanent transfer or job change
1. At the initiative of the employer, transfer to another permanent job in the same enterprise, i.e. changing labor duties or working conditions, as well as permanent employment to another enterprise or joint enterprise with the employee's written consent is allowed.
2. Transfer to another job in the same enterprise at the initiative of the employer is carried out only with the written consent of the employee, except for the cases provided for in Articles 34 and 36 of this Code.
3. If the transfer is related to the following:
1) reduction of the number of employees or job list as a result of changes in production technology, labor organization, reduction of workload;
2) reinstatement of an employee who previously held a position in this job list, the employer is obliged to offer the employee a job suitable for his/her relevant skills and qualifications, and in his/her absence, another job available in the enterprise.
4. The employer is obliged to transfer the employee who needs to be given another job according to the medical report, with his consent, to another job that does not interfere with his health condition.
5. When the employee refuses to be hired or the employer does not have a suitable job, the labor contract is terminated (cancelled) in accordance with clauses 3-5 of the first part of Article 39 of this Code.
6. When the employee is employed by another enterprise by agreement between the employers, the labor contract concluded with the employee is terminated in accordance with clause 2 of the first part of Article 39 of this Code.
7. Transfer to another permanent job is formalized by order of the employer.
8. Changing the place of work of an employee to another place of work in the same enterprise, to another structural unit in the same place, assigning him to work in another mechanism or unit for the same profession, profession or position stipulated in the labor contract is not his transfer to another job, and his consent is required for this. is not done.
9. An employee is not allowed to be transferred to another job in the following cases:
1) to another job that does not suit him due to his health condition;
2) qualified employee to unskilled job.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 34. Temporary transfer to another job related to production needs
1. The employer has the right to transfer an employee to a job not stipulated in the labor contract (on another profession, profession, position) in the same enterprise, in the same place, for a period of up to one month, when there is a production need. The period of such assignment may be extended by agreement of the parties, but it shall not exceed three months per year, excluding replacement of an absent employee.
To prevent natural disasters, industrial accidents or to immediately correct their damage, to prevent accidents, idleness, destruction or damage to property, as well as to replace an absent employee, transfer to another job is allowed. In this case, the employee cannot be transferred to a job that is not suitable for him due to his health condition.
2. Temporary transfer to another job in connection with elimination of damage caused by an industrial accident or natural disaster may be transferred to another employer only with the consent of the employee and by agreement between the employers.
3. Temporary work transfer to another place related to production needs is allowed only with the consent of the employee.
4. When transferred to another temporary job related to the need for production, the payment of labor is carried out according to the work performed, but it should not be lower than the average wage for the previous job. right) is retained.
5. Temporary transfer to another job is formalized by the employer's order specifying the date of transfer to another job.
6. At the end of the temporary transfer period, the employer is obliged to give the employee his previous job (position).
7. An employee may be temporarily transferred to a lower qualified job with written consent.
8. It is not allowed to transfer a qualified employee to an unqualified job when no employee is temporarily replaced.
(In the Redaction of the Laws of Turkmenistan of June 18, 2016 and August 26, 2017 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2017, No. 3, Article 112) .
Article 35. Temporary transfer at the employee's request
1. It may be temporarily transferred to another job at the request of the employee for a valid reason, subject to the satisfaction of the employer.
2. The list of valid reasons for temporary transfer to another job, as well as the procedure for payment of wages in case of transfer to another job may be specified in the collective agreement (reconciliation) or determined by the employer in agreement with the representative body of employees.
3. Temporary transfer of employees to another job that eliminates the impact of adverse production factors due to lighter or health conditions, as well as temporary transfer of pregnant women, women with children under three years of age (children with disabilities up to eighteen years of age) to the same job. is carried out by keeping the average salary for the job.
(In the Redaction of the Laws of Turkmenistan of June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2019, No. 1, Article __) .
Article 36. Temporary transfer to another job during idle time
1. Temporary absence of work due to production or economic reasons (out of line of equipment, mechanisms, lack of raw materials, materials, electricity, etc.) is recognized as idleness.
2. Temporary transfer to another job during the period of unemployment should be carried out at the same employer for the entire period of unemployment and to another employer there for a period of up to one month, taking into account the employee's career, profession, and position.
3. When temporarily transferred to a low-paid job during idle time, the average salary of the previous job is kept for the employees who perform the fixed rate of work performance, and for the employees who do not perform the fixed rate of work performance or are transferred to the time-paid job, their tariff amount (monthly salary) ) is preserved.
(In the Redaction of the Laws of Turkmenistan of June 18, 2016 and August 26, 2017 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2017, No. 3, Article 112) .
Article 37. Labor relations when the owner of the enterprise changes, when the enterprise's subordination (dependency) changes, when it is reorganized, when the enterprise is leased.
1. When the owner of the enterprise changes, its new owner has the right to terminate the employment contract with the head of the enterprise, his deputies and the chief accountant no later than three months from the date of acquisition of ownership rights.
2. The replacement of the owner of the enterprise is not a basis for the termination of labor contracts with other employees of the enterprise.
3. Change of organizational subordination (affiliation), reorganization (merger, annexation, division, separation, transformation) of the enterprise, leasing of the enterprise cannot be grounds for termination of labor contracts with the enterprise's employees.
4. Termination of the employment contract at the initiative of the employer in the cases provided for in the second and third parts of this article is possible only when the number of employees or the job list is shortened, with the mandatory observance of the guarantees established in this Code.
In these cases, the reduction of the number of employees or the list of positions is allowed only after making changes to the state registration information of the enterprise.
5. In the cases provided for in the second and third parts of this article, when the employee of the enterprise refuses to continue his work, the labor contract is terminated in accordance with paragraph 5 of the first part of article 39 of this Code.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 38. Dismissal
1. The employer is obliged to fire (not fire) the employee in the following cases:
1) if we have not passed the training and knowledge and skills test in the prescribed manner in terms of labor protection and technical safety;
2) if we have not passed the mandatory preliminary or periodical medical check-up according to the prescribed procedure;
3) if there is unfitness to perform the work stipulated by the labor contract according to the medical report;
4) if he does not use the private and (or) public defense resources provided to him in the prescribed manner;
5) if he comes to work drunk, drugged or in a state of intoxication;
6) if the employer has not received the vaccinations prescribed by the medical institution against dangerous diseases that may spread to the workplace;
7) violates the rules of special zones (border, customs, etc.);
8) if the employer does not have access to the specially protected zones (border, reserve, etc.) where the work facilities are located;
9) at the request of an authorized institution or an official in the cases provided for by the legislation of Turkmenistan;
10) In other cases stipulated by the legislation of Turkmenistan.
2. A person is dismissed from work (is not allowed to work) for the entire period until the circumstances that are the basis for dismissal or non-employment are corrected.
3. The employee is not considered to be paid during the period of layoff, except for the cases provided for by the legislation of Turkmenistan. In the event that an employee is suspended from work due to his/her failure to undergo training in labor protection and technical safety, failure to pass the examination of knowledge and skills, and mandatory preliminary or periodic medical control, due to lack of access to specially protected zones, he/she shall be paid for the entire period of suspension, as if he/she was idle.
(In the edition of the Law of Turkmenistan dated March 2, 2019 - Data of the Mejlis of Turkmenistan, 2019, No. 1, Article ___).
Chapter 4. Termination (termination) of employment contract
Article 39. General grounds for termination of employment contract
1. The following are the grounds for terminating (terminating) an employment contract:
1) refusal of the employee to continue working in connection with the change of terms of the labor contract in accordance with Article 32 of this Code;
2) in accordance with the sixth part of Article 33 of this Code, the employee is permanently transferred to another employer at his request or with his consent;
In this case, the transfer of an employee to another enterprise in the system of a ministry or departmental management agency by the order of the higher authority cannot be the basis for termination (termination) of the labor contract.
3) the refusal of the employee to be transferred to another job based on the medical report due to his health condition or lack of relevant work at the employer provided for in the fifth part of Article 33 of this Code;
4) in accordance with the fifth part of Article 33 of this Code, the employer's refusal to transfer the employee to another place;
5) in accordance with Article 37 of this Code, the employee's refusal to continue working in connection with the replacement of the enterprise owner, the change of the enterprise's organizational subordination (subordination), its reorganization, the leasing of the enterprise;
6) agreement of the parties in accordance with Article 40 of this Code;
7) the employee's initiative (self-will) in accordance with Article 41 of this Code;
8) initiative of the employer in accordance with Article 42 of this Code;
9) a request by a trade union organization in accordance with Article 46 of this Code;
10) in a situation where the parties are not free according to Article 47 of this Code;
11) completion of the term of the fixed-term labor contract, as well as the grounds specified in the first part of Article 48 of this Code, when the labor relations actually continue and their termination is not requested by either party;
12) Violation of the labor legislation of Turkmenistan, if this violation precludes the possibility of continuing work in accordance with Article 49 of this Code.
2. The employment contract may be terminated on other grounds provided for in this Code and other normative legal acts of Turkmenistan.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 40. Termination (termination) of the labor contract by agreement of the parties
The employment contract may be terminated (cancelled) at any time by written agreement of the parties.
Article 41. Termination of the employment contract at the initiative of the employee
1. The employee has the right to terminate the indefinite-term employment contract, as well as the fixed-term employment contract, on his own initiative before the end of its term, in which case he must notify the employer in writing two weeks in advance. After the expiration of the notice of dismissal, the employee has the right to terminate his employment, and the employer is obliged to provide the employee with a workbook and make a settlement with him.
2. By agreement of the parties, the labor contract can be terminated until the termination of the notice of dismissal.
3. The employee has the right to withdraw the submitted application within the term of the notice of dismissal provided for in the first part of this article or with the agreement of the parties.
If the employment contract with the employee is not terminated after the expiration of the notice of dismissal and the employment relationship continues, then the application for termination of the employment contract at the initiative of the employee becomes invalid, termination of the employment contract and dismissal are not allowed.
4. If the application for termination of the employment contract at the initiative of the employee is conditioned by his/her inability to continue working (entering an educational school, being elected to an elective position and in other cases provided for by the legislation of Turkmenistan), the employer must terminate the employment contract within the period specified in the employee's application.
Article 42. Termination of the employment contract at the initiative of the employer
1. The employment contract may be terminated at the initiative of the employer in the following cases:
1) upon liquidation of the enterprise or termination of employment by the employer - a natural person;
2) when the number of employees of the enterprise or the job list is shortened, including changes in production technology, labor organization, reduction of work volume;
3) due to insufficient professional level, the employee's incompatibility with the position he holds or the work he performs, including if it is confirmed by the results of the professional test;
4) in case of replacement of the owner of the enterprise in accordance with the first part of Article 37 of this Code (in relation to the head of the enterprise, his deputies and chief accountant);
5) if a longer term of holding a workplace (position) due to a certain illness is not specified in the legislation of Turkmenistan, then in the calculation of the period of leave for pregnancy and childbirth, if the employee has been absent from work for more than four months as a result of temporary incapacity for work. Employees who have lost their fitness for work due to an injury at work or an occupational disease are kept at their workplace (position) until their fitness for work is restored or their disability is established;
6) if disciplinary measures have been applied to the employee before, when the employee does not regularly perform the labor duties assigned to him by the labor contract or the internal labor regulations of the enterprise without valid reasons;
7) absent from work without reason, including absence from work for more than three hours during the working day without valid reasons;
8) when he appears at work drunk, drugged, or otherwise intoxicated;
9) when an employee discloses a secret (state, commercial, service, etc.) protected by the legislation of Turkmenistan known to him in connection with the performance of his labor duties;
10) in the case of theft, embezzlement, deliberate destruction or damage of property at the workplace by a legally binding judgment of the court or by the decision of the authority authorized to issue an administrative order;
11) in case of violation of labor protection requirements by an employee, if this violation leads to serious consequences (accidents, disasters, accidents in production) or creates a real threat of the occurrence of such consequences;
12) when it is discovered that the employee provided the employer with false documents or obviously false information during the conclusion of the labor contract;
13) in the cases stipulated in the labor contract with the head of the enterprise, members of the executive body of the enterprise;
14) in other cases specified in this Code.
2. When the number of employees of the enterprise or the job list is shortened, the employer is obliged to offer the employee another job (vacant position) that matches the employee's skills in that enterprise.
3. It is not allowed to dismiss the employee at the initiative of the employer during the period of temporary incapacity for work and during the period of leave (except for the cases specified in paragraph 5 of the first part of this article) (in the case of termination of the enterprise or termination of employment by the employer - a natural person). not applicable).
4. Termination of labor contracts with employees of these structural units in the event of termination of the business of a branch, representative office, department or other separate structural unit (hereinafter referred to as a structural unit) of the enterprise located elsewhere is carried out according to the rules provided for the cases of termination of the enterprise.
(In the Redaction of the Laws of Turkmenistan of June 22, 2013, November 8, 2014 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2014 , No. 4, Article 151, 2016 No. 2, Article 101).
Article 43. Additional grounds for termination of employment contracts with individual groups of employees
Additional grounds for terminating an employment contract with individual groups of employees are as follows:
1) gross violation of the labor duties of the head of the enterprise (organizational unit), his deputies and employees who are responsible for discipline according to their charters;
2) making an unreasonable decision by the head of the enterprise (organizational unit), his deputies and the chief accountant, which leads to the violation of property storage, its illegal use, or other damage to the enterprise;
3) illegal actions by an employee directly serving money and other valuables, as well as violations of the law related to corruption or creating conditions for corruption by a public servant or a person equivalent to him, if they are committed by persons designated by the employer. if it gives rise to a breach of trust;
4) committing an unethical act by an employee performing mentoring duties that is incompatible with the continuation of this work;
5) sending the employee to a Special Rehabilitation (rehabilitation) center based on a legally binding decision of the court;
6) Other grounds in accordance with the legislation of Turkmenistan and the terms of the labor contract.
(In the Redaction of the Laws of Turkmenistan dated June 22, 2013, May 3, 2014 and November 8, 2014 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2014 , No. 2, Article 76, 2014, No. 4, Article 151).
Article 44. Notice of termination of the employment contract at the initiative of the employer
1. The employer is obliged to notify the employee in writing (signed) about the intention to terminate the employment contract within the following periods:
1) when the employment contract is terminated due to the liquidation of the enterprise or the termination of work by the employer - a natural person, as well as the reduction of the number of employees or the list of positions (including changes in the technology of production, labor organization, reduction of the scope of work) - two months without delay;
2) when the employment contract is terminated due to the lack of qualifications of the employee due to his incompatibility with the work he performs - no later than two weeks.
3) no later than two weeks before the expiration of the fixed-term employment contract.
If the enterprise is terminated during the temporary incapacity or leave of the employee, or the number of employees or the list of duties of the enterprise is reduced, then this time is included in the notice period.
If the employee's temporary incapacity for work or the period of leave continues during the completion of the notice period specified in this part when the number of employees of the enterprise or the list of duties is reduced, then the action of the labor contract concluded with him shall be the date of completion of the leave or the completion of the period of temporary incapacity for work. is terminated on the day of employment due to
2. By agreement between the employee and the employer, the notice referred to in the first part of this article may be replaced by compensation in the amount of the average salary according to the duration of the notice period.
3. Eger lukmançylyk netijenamasynda işgäre bu işi ýerine ýetirmek bolmaýar diýlip görkezilen bolsa, işgäriň saglyk ýagdaýy sebäpli ýerine ýetirýän işine laýyk gelmezligi bilen baglanyşykly zähmet şertnamasy bes edilende duýduryş geçirilmeýär.
4. Kärhananyň eýesiniň çalyşmagy bilen baglanyşykly kärhananyň ýolbaşçysy, onuň orunbasarlary we baş hasapçysy bilen zähmet şertnamasy bes edilende täze eýesi azyndan iki aý galanda zähmet gatnaşyklarynyň geljekki bes edilmegi hakynda ýolbaşçyny, onuň orunbasarlaryny we baş hasapçyny ýazmaça (gol çekdirip) duýdurmaga borçludyr.
5. Işgäriň şu Kodeksiň 42-nji maddasynyň birinji böleginiň 6-12-nji bentlerinde görkezilen bikanun hereketleri etmegi bilen baglanyşykly zähmet şertnamasy bes edilen halatlarynda iş beriji azyndan üç senenama güni öňünden zähmet gatnaşyklaryny bes etmek hakynda işgäre habar berýär.
6. Iş beriji işgärleriň işden boşadylmagyna çenli azyndan iki aý galanda şu maddanyň birinji böleginiň 1-nji bendine laýyklykda işgärleriň geljekki işden boşadylmagy hakyndaky maglumaty kärdeşler arkalaşygyna ýa-da işgärleriň beýleki wekilçilikli guramasyna iberýär we işden boşatmagyň netijeleriniň ýeňilleşdirilmegine gönükdirilen maslahatlar geçirýär. Iş beriji şonuň ýaly-da işgäriň ýaşyny, jynsyny, kärini, hünärini we zähmet hakynyň möçberini görkezmek bilen işden geljekki boşadyljak her bir işgär hakyndaky maglumatlary iki aýdan gijä galman iş bilen üpjün ediji ýerli edaranyň (gullugyň) dykgatyna ýetirmäge borçludyr.
(2013-nji ýylyň 22-nji iýunyndaky we 2016-njy ýylyň 18-nji iýunyndaky Türkmenistanyň Kanunlarynyň redaksiýasynda – Türkmenistanyň Mejlisiniň Maglumatlary, 2013 ý., № 2, 45-nji madda, 2016 ý. № 2, 101-nji madda).
45-nji madda. Iş berijiniň başlangyjy boýunça zähmet şertnamasyny bes etmegi (ýatyrmagy) kärdeşler arkalaşygy edarasy ýa-da işgärleriň beýleki wekilçilikli guramasy bilen ylalaşmak
1. Şu Kodeksiň 42-nji maddasynyň birinji böleginiň 1-nji, 4-nji, 9-njy, 10-njy, 12–14-nji bentlerinde, şeýle hem 43-nji maddanyň 1-nji, 2-nji we 5-nji bentlerinde göz öňünde tutulan halatlardan başga ýagdaýlarda kärdeşler arkalaşygy edarasynyň ýa-da işgärleriň beýleki wekilçilikli guramasynyň deslapky razylygy bolmazdan iş berijiniň başlangyjy boýunça zähmet şertnamasynyň bes edilmegine (ýatyrylmagyna) ýol berilmeýär.
2. The trade union office or other representative organization of employees shall inform the employer in writing about the decision taken on the issue of agreement to terminate labor relations with the employee within ten days from the date of receipt of the written proposal of the official who has the right to terminate (cancel) the labor contract. must report.
3. The employer has the right to terminate (cancel) the labor contract no later than one month from the date of adoption of the decision by the trade union office or other representative organization of employees on the agreement to terminate labor relations with the employee.
4. In accordance with Article 42, Clause 3 of the first part of this Code, a representative from the relevant trade union or other representative organization must be included in the professional test team when conducting a professional test that can be the basis for dismissing employees.
5. Termination (cancellation) of the labor contract by the employer for violation of labor regulations by the employee is not allowed after the deadlines for issuing the regulations have passed.
(In the Redaction of the Laws of Turkmenistan of June 22, 2013, November 8, 2014 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2014 , No. 4, Article 151, 2016 No. 2, Article 101).
Article 46. Termination of the labor contract at the request of the trade union organization
If a senior employee violates the labor legislation of Turkmenistan, does not fulfill his obligations under the collective agreement (agreement), the employer is obliged to terminate the labor contract with the senior employee or dismiss him from his position at the request of the trade union organization (not lower than the regional level).
Article 47. Termination of the labor contract in circumstances beyond the control of the parties
1. The labor contract is subject to termination in the following cases, which are not dependent on the will of the parties:
1) an employee's call-up or entry into military service, sending the employee to work conditioned by the implementation of the legislation of Turkmenistan on military service and military service;
2) reinstatement of the employee who previously performed this work by the decision of the competent authority or the court;
3) transfer to an elected position;
4) not being selected for the position;
5) recognition of the employee as completely incapable of work according to the medical report;
6) in accordance with a legally binding judgment of the court, the employee is sentenced to a termination of employment, which excludes him from continuing his previous job;
7) death of an employee or an employer-natural person, as well as the court declaring them dead or missing;
8) when an employee or an employer-individual is recognized by a court as incompetent or has limited mental capacity, if this excludes the possibility of continuing their previous job;
9) in the event of emergency situations preventing the continuation of labor relations (military operations, disasters, natural disasters, major accidents, epidemics and other emergency situations), if this situation is recognized by the decision of the Cabinet of Ministers of Turkmenistan;
10) termination of a state secret permit if the work being performed requires such a permit.
11) In the event that the work permit issued by the Migration Service of Turkmenistan to foreign citizens to work in the territory of Turkmenistan is canceled or its term expires.
2. The date of termination of the employment contract based on the grounds provided for in clauses 6-8 of the first part of this article is the date when the judgment or decision of the court enters into legal force, the person has died or the person has been declared dead according to the prescribed procedure, or - is the date it is recognized as missing.
3. If it is not possible to transfer the employee to another job with his consent, termination of the labor contract is allowed on the basis specified in paragraph 2 of the first part of this article.
(In the Redaction of the Laws of Turkmenistan of November 8, 2014 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2016, No. 2, Article 101).
Article 48. Termination of a fixed-term employment contract
1. A fixed-term labor contract may be terminated on the grounds provided for in Articles 39-47 of this Code, as well as from the day the non-temporary employee whose job (position) is retained returns to work.
2. For a certain period of time or for the period of temporary works to prevent disasters, accidents, destruction, epidemics, epizootics, as well as the effects of the specified situations and other emergency situations. to exclude, during the period of work related to the expansion of the scale of production or completion of services, during the period of reconstruction, installation, adjustment and other activities, the labor contract concluded with the employee is terminated (cancelled) in accordance with the terms of the contract upon completion of the specified conditions.
3. If the term of the employment contract has expired during the period of leave (other than child care leave) or temporary incapacity for work, the activity of the labor contract concluded with him shall cease from the last day of the leave or the day of his starting work upon the end of the period of temporary incapacity for work. is done.
(In the Redaction of the Laws of Turkmenistan dated June 18, 2016, August 26, 2017 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2016 y., No. 2, Article 101; 2017 y. , No. 3, Article 112; 2019, No. 1, Article __).
Article 49. Termination of the labor contract as a result of violation of the labor legislation of Turkmenistan during the conclusion of the labor contract
1. Zähmet şertnamasyny baglaşmagyň şu Kodeksde ýa-da Türkmenistanyň beýleki kadalaşdyryjy hukuk namalarynda bellenilen kadalarynyň bozulmagy işi dowam etdirmek mümkinçiligini aradan aýyrýan bolsa, onda zähmet şertnamasy bes edilýär. Olar şulardan ybaratdyr:
1) kazyýetiň anyk adamy belli bir wezipede işlemek ýa-da belli bir iş bilen meşgullanmak hukugyndan mahrum etmek baradaky hökümi ýerine ýetirilmän, zähmet şertnamasy baglaşylanda;
2) lukmançylyk netijenamasyna laýyklykda saglyk ýagdaýyna görä bu adama bolmaýan işi ýerine ýetirmek üçin zähmet şertnamasy baglaşylanda;
3) eger Türkmenistanyň kanunlaryna ýa-da beýleki kadalaşdyryjy hukuk namalaryna laýyklykda işiň ýerine ýetirilmegi ýörite bilimleri we endikleri talap edýän bolsa, bilimi ýa-da hünäri hakynda degişli resminamanyň ýoklugy;
4) In other cases stipulated by the legislation of Turkmenistan.
2. If it is not possible to transfer the employee to another job available at the employer with his written consent, the employment contract is terminated in the cases specified in the first part of this article.
3. When the labor contract is terminated in the cases specified in the first part of this article, if the rules of the labor contract are violated without the fault of the employee, the employer pays the employee a severance pay in the amount of two weeks' average salary.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 50. Preferential right to stay at work when the employment contract is terminated due to reduction in the number of employees or job listing
1. When the employment contract is terminated due to the reduction of the number of employees or the list of positions, including changes in production technology, labor organization, reduction of the scope of work, changes in the nature of work, employees with higher qualifications and labor productivity are given a preferential right to stay at work.
2. The preferential right to stay at work is given to the following when the professional or labor productivity is equal:
1) to a person recognized as a veteran in accordance with the legislation of Turkmenistan;
2) from childhood to disability;
3) to an employee who has worked at the same enterprise for at least ten years;
4) to a person before the retirement age (two years before the age pension);
5) to a person who received an occupational injury or occupational disease in that enterprise;
6) to an employee who has two or more people in the annex;
7) to a person who is the only breadwinner in the family;
8) to an employee studying at a training school on the condition of non-dismissal from production;
9) to a person who suffered as a result of a radiation accident;
10) to a young professional sent to work after completing a higher or secondary vocational school.
For the purposes of this Code, an employee who has completed secondary vocational or higher vocational education and has been hired on the basis of a referral letter in accordance with the profession received for two years is considered a young professional.
3. Other situations may be considered by the collective agreement (agreement), during which employees are given priority to stay at work. These cases are taken into account if the employees do not have the preferential right to stay at work according to the first and second parts of this article.
(In the Redaction of the Laws of Turkmenistan dated March 26, 2011, November 8, 2014, August 18, 2015 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2011, No. 1 , Article 26, Article 4 of 2014, Article 151, Article 2 of 2016, Article 101).
Article 51. Formalizing the termination (termination) of the employment contract
1. Termination (termination) of the employment contract is carried out by the persons having the right to hire or those authorized by them and formalized by their order.
2. The last day of work is considered the day of termination (cancellation) of the labor contract (except for the cases provided for in the third part of Article 106 of this Code). If the last working day falls on a weekend or a holiday or other non-working day, then the last working day is the first working day after that.
3. In the order of the employer, the grounds for termination (cancellation) of the labor contract must be specified in exact accordance with the provisions of this Code with reference to the paragraph, part, article of this Code or other normative legal acts of Turkmenistan.
4. Initiation of an employment contract by an employee for reasons related to unemployment, disability, retirement, conscription, admission to a secondary or higher education school, post-graduate or doctoral studies, and other reasons related to the granting of certain benefits and privileges by the legislation of Turkmenistan. These reasons are indicated in the order on termination (cancellation) of the labor contract.
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151; 2019, No. 1, Article __) .
Article 52. Issuance of a copy of the order on termination (termination) of the labor contract and the labor book
1. On the day of termination (termination) of the employment contract, the employer is obliged to provide the employee with his labor book and a copy of the order on termination (termination) of the employment contract.
2. If it is not possible to issue a labor report due to the employee's absence or refusal to receive the labor report on the day of the termination (cancellation) of the employment contract, the employer sends a notification to the employee about the need to receive the labor report.
Article 53. Issuance of employment and salary documents
At the request of an employee, including a former employee, to provide a certificate within five days indicating the occupation, profession, professional level or position, working hours and amount of salary, as well as other documents about their work or their duly certified. must provide copies.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 54. Severance pay
1. The severance pay is paid upon termination (termination) of the employment contract:
1) at the initiative of the employer when the labor contract is terminated in the cases provided for in paragraphs 1 and 2 of the first part of Article 42 of this Code;
2) on cases that do not depend on the freedom of the parties provided for in clauses 1, 2, 5 of the first part of Article 47 of this Code;
3) related to the employee's refusal to continue work in the cases provided for in clauses 1, 3, 4 of the first part of Article 39 of this Code;
4) on the basis provided for in the first sentence of the first part of Article 22 of this Code.
2. Severance pay is not paid to co-workers.
3. Severance pay in the amount of an average of two weeks' wages is paid to employees upon termination of employment in connection with the following:
1) an employee's call-up or entry into military service, fulfillment of which is conditioned by the legislation of Turkmenistan on military service and military service;
2) by reinstatement of the employee who previously performed this work;
3) based on the medical report, the employee's refusal to engage in other work that is not suitable for him due to his health condition, or the employer does not have a suitable job;
4) by the employee's refusal to transfer to another place where the employer is moving;
5) when the employee refuses to continue working due to changes in the terms of the labor contract;
6) by recognizing the employee as completely incapable of work according to the medical report.
4. When the enterprise is terminated, when the employer - a natural person terminates the employment, when the labor contract is terminated (closing) by reducing the number of employees or positions of the enterprise, as well as in the cases provided for in the first sentence of the first part of Article 22 of this Code. to staff:
1) severance pay is provided in the amount of the average salary;
2) the average salary for the period of employment is kept, but not more than two months from the day of dismissal, taking into account the severance pay;
3) if the employee applies to the employment agency within two weeks after the day of dismissal and is not employed, the average salary is retained by the decision of the employment agency within the third month from the day of dismissal.
In the event that a dismissed employee refuses a job that is suitable for him (education, skills, skills) twice within three months, he loses the right to withhold the average salary until the end of the three-month period.
5. The severance pay and retained average wages are paid at the former place of employment or by the employer.
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014, August 18, 2015, June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2014, No. 4 , Article 151, 2016, No. 2, Article 101; 2019, No. 1, Article __).
Article 55. Terms of the employer's payment of wages due to the employee upon termination (termination) of the employment contract
1. When the labor contract is terminated (cancellation) at the initiative of the employer, the salary due should be paid to the employee:
1) to the employee who continues to work until the day of termination (termination) of the labor contract - on the day of termination;
2) if he does not work until the day the labor contract is terminated (cancelled) - on the day he submits his demand for settlement.
2. When the labor contract is terminated (cancellation) at the initiative of the employee, the salary due should be paid to the employee:
1) to the employee who is obliged to notify the employer about the termination (termination) of the labor contract by the law or the labor contract - no later than the day on which the employee has the right to quit his job according to the warning;
2) to the employee who is not obliged to notify the employer about the termination (termination) of the employment contract - no later than the day of termination of employment.
3. When the labor contract is terminated (dismissal) when there is a dispute about the amount of money to be paid to the employee, the employer is obliged to pay the undisputed amount of money within the terms specified in the first and second parts of this article.
Article 56. Recovery. Employer's liability for wrongful dismissal or wrongful transfer of an employee to another low-paid job
1. In cases where the employment contract is illegally terminated (cancelled) or illegally transferred to another job with low wages, the employee must be reinstated to his previous job by the employer himself or by a court decision.
2. When the employee is reinstated, the employer is obliged to pay compensation for the damage (damage) caused to him in the following ways:
1) mandatory payment of funds in accordance with Article 385 of this Code;
2) reimbursement of additional costs (experts' advice, business management costs, etc.) related to the termination (cancellation) of the labor contract or the appeal to another low-paid job by submitting relevant supporting documents.
3. At the request of the employee, the court may take from the employer in favor of the employee an additional compensation amounting to not less than the three-month average wage (except for the provisions of the second part of this article) instead of returning him to work.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 57. Liability of officials guilty of illegal termination (termination) of the labor contract or illegal transfer of the employee to another low-paid job
Officials guilty of illegal termination (termination) of the labor contract or illegal transfer of the employee to another low-paid job are financially liable to the employer in the actual amount of compensation in accordance with the first part of Article 386 of this Code.
Chapter IV. Working hours. Working hours rule
Chapter 1. Working hours
Article 58. Concept of working time
Working time is the time when the employee must perform his labor duties in accordance with the internal labor regulations or work schedule of the enterprise or the terms of the labor contract or collective agreement (union), as well as this Code or other regulatory law of Turkmenistan. are other periods that are considered working hours according to the law.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 59. Normal duration of working hours
1. Normal working hours cannot exceed 40 hours per week.
2. The employer is obliged to keep records of the actual working hours of each employee.
Article 60. Shortened duration of working time
1. The reduced duration of working hours is defined as follows:
1) for employees between the ages of sixteen and eighteen - not more than 36 hours per week, and for persons under the age of sixteen - not more than 24 hours per week.
The length of working time of the persons specified in the third part of Article 23 of this Code may not exceed half of the maximum length of working time provided for in this paragraph for persons of the relevant age;
2) working conditions should not be more than 36 hours a week for employees assigned to harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions according to the results of the vocational examination of workplaces.
Jobs, professions and positions with harmful and dangerous (especially harmful and especially dangerous) labor conditions that give the right to reduced working hours are determined by the list considered in the second part of Article 176 of this Code.
2. Based on the recommendation of the Support Needs Assessment Team (hereinafter - HMAT), reduced working hours may be assigned to persons with disabilities, but it shall not be less than 36 hours per week without reducing wages.
3. Shorter duration of working hours may be established for other groups of employees by the legislation of Turkmenistan.
(In the Redaction of the Laws of Turkmenistan dated June 22, 2013, November 8, 2014 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2013 year, No. 2, Article 45, 2014 year. , No. 4, Article 151; 2019, No. 1, Article __).
Article 61. The duration of work on the day before non-working holidays, memorials and holidays
1. On the day preceding non-workable holidays and memorial days specified in the first part of Article 81 of this Code, the duration of the employees' work is reduced by one hour in both the five-day work week and the six-day work week, except for the employees specified in Article 60 of this Code.
2. To provide additional vacation time at the request of the employee or for overtime work in continuously operating enterprises and certain types of work where it is not possible to reduce the duration of the work (shift) on the day before the holiday and memorial day, which are not processed according to the conditions of production (work). Overtime is compensated by payment of fees according to established norms.
3. In a six-day work week, the duration of work on the day preceding the day off may not exceed 5 hours.
(In the Redaction of the Laws of Turkmenistan of November 8, 2014 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2016, No. 2, Article 101) .
Article 62. The length of the night's work
1. The time from 10 pm to 6 am is considered night time.
2. During night work, the prescribed duration of work (shift) is reduced by 1 hour. This rule does not apply to employees for whom reduction of working hours was previously provided for in accordance with paragraph 2 of the first part of Article 60 of this Code.
3. The duration of night work is equalized with day work in cases where it is necessary according to the conditions of production, especially in continuous production, as well as in shift work during a six-day work week with one day off.
4. Recruiting employees to work at night is carried out in accordance with the restrictions established in Articles 191, 242, 243, 255 of this Code.
Article 63. Part time job
1. Part-time work days or part-time work weeks may be set at the time of employment or thereafter, if agreed between the employee and the employer.
2. An employer at the request of a pregnant woman, as well as one of the parents with a child under the age of fourteen (a child with a disability up to the age of eighteen) or their substitute, as well as a person who takes care of a sick family member according to a medical certificate. must assign them a part-time working day or a part-time working week.
3. Part-time work for an employee may not result in any limitation of the duration of leave, calculation of seniority, or any other labor rights.
(In the editorial office of the Laws of Turkmenistan dated June 18, 2016, June 9, 2018 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2016 year, No. 2, Article 101; 2018 year , No. 2, Article 48; 2019, No. 1, Article __).
Article 64. Overtime
1. Work performed by an employee beyond the prescribed duration of working hours, daily work (shift), as well as work exceeding the normal number of working hours during the accounting period (monthly, quarterly, annually) is considered overtime.
2. Overtime work may be carried out with the written consent of the employee, taking into account the opinion of the trade union or other representative organizations of employees.
3. The employer may use overtime only in the following special cases:
1) when actions necessary for prevention of natural disasters, industrial accidents and urgent correction of their consequences, prevention of accidents, provision of more urgent medical assistance by health care workers are carried out;
2) during public works necessary to eliminate accidental or unexpected situations that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewage, transport, communication;
3) when it is necessary to perform or complete the started work that cannot be performed (completed) during normal working hours due to unexpected interruptions due to technical conditions of production, if failure to perform the started work will result in damage or destruction of state property and employer's property if he could;
4) in cases where the failure of mechanisms or facilities will lead to the suspension of the work of a significant number of employees, during the temporary repair and restoration of those mechanisms or facilities;
5) to continue the work in the absence of the replacement employee, if the work does not allow for a break. In such cases, the employer is obliged to take immediate measures to replace the employee with another employee;
6) in other cases in accordance with the legislation of Turkmenistan.
4. The following are not allowed to work overtime:
1) pregnant women;
2) employees under the age of eighteen;
3) Other groups of employees in accordance with the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 65. Limit duration of overtime
1. Overtime shall not exceed four hours per two consecutive days and 120 hours per year for each employee.
2. The employer is obliged to keep accurate records of overtime work performed by each employee.
Chapter 2. Working hours rule
Article 66. Working hours rule. Types of work week
1. The rule of working hours depends on the length of the working week, the work that is not regulated for individual groups of employees, the duration of the daily work (shift), the start and end time of the working time, the time of breaks at work, the alternation of working and non-working days, day and night shifts. It consists of the number and the order in which employees are transferred from one shift to another.
2. Working hours are regulated by a collective agreement (agreement) or by the internal labor regulations of the enterprise or by the charters of the exchange, or in their absence by the local or local self-government bodies of the state power, in agreement with the trade union of employees or is also appointed by the employer together with other representative organizations.
3. A five-day working week with two days off or a six-day working week with one day off or a working week with days off on a variable schedule may be established, taking into account the nature of the business.
4. The five-day or six-day working week is determined by the employer together with the trade union office or other representative organization of employees, taking into account the nature of the work, the opinion of the working people, and in agreement with local authorities and local self-government bodies.
5. Specifics of the working time and rest time rules for individual groups of employees are determined by the employer in agreement with the specially authorized agency specified in Clause 1 of Article 404 of this Code.
(In the edition of the Laws of Turkmenistan dated June 22, 2013, June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2016 , No. 2, Article 101; 2018, No. 2, Article 48).
Article 67. Duration of daily work (shift).
1. The duration of daily work (shift) in a five-day working week is determined by the internal labor regulations (shift regulations) of the enterprise.
2. The duration of daily work in a six-day work week may not exceed the following:
1) 7 hours in a 40-hour week;
2) 6 hours in a 36-hour week;
3) 4 hours in a 24-hour week.
3. Daily work for cinematographic organizations, television and video shooting collectives, theaters, theatrical and concert organizations, circuses and other people involved in the creation and (or) performance of works, mass media workers, famous athletes, coaches The duration of (the shift) may be determined in accordance with the legislation of Turkmenistan, the labor contract or the collective agreement (agreement).
(In the Redaction of the Laws of Turkmenistan of June 22, 2013 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2016, No. 2, Article 101) .
Article 68. An irregular working day
1. Irregular working day is a special work rule, according to which individual employees can be withdrawn to perform their labor duties beyond the normal duration of working hours when necessary by order of the employer. The duration of daily work cannot exceed twelve hours.
2. The list of positions of employees with irregular working hours is approved by the employer in agreement with trade unions or other representative organizations of employees.
The terms of irregular working hours are laid down in labor and collective agreements.
(In the Redaction of the Laws of Turkmenistan dated June 22, 2013, November 8, 2014 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2014 , No. 4, Article 151, 2016, No. 2, Article 101).
Article 69. Logging of working hours
1. In continuously operating enterprises, as well as in individual industries, fields, sections, departments, and according to the conditions of production (work), the period of working time during which the daily or weekly duration of working hours established for those groups of employees cannot be observed. In agreement with the trade union or other representative organization of employees, it is allowed to introduce the rule of registration of working hours so that the duration does not exceed the normal number of working hours specified in Articles 59 and 60 of this Code.
2. The procedure for recording the total working hours is determined by the internal labor regulations of the enterprise.
Article 70. Break the workday into chunks
1. Due to the specific nature of labor, the working day may be divided into parts, provided that the total duration of the daily working time does not exceed the prescribed duration of the working day.
2. The time of breaks during the working day is not included in the working day.
3. The procedure for dividing the working day into parts is determined by the employer together with the workers.
Article 71. The start and end times of the daily routine
In enterprises, the starting and ending time of daily work (shift) is determined by the enterprise's internal labor regulations (shift charters).
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 72. It's a tricky business
1. In cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to use the equipment more efficiently, to increase the volume of the output product or finished services, shift work - work in two, three or four shifts is introduced.
2. In shift work, each group of employees must work within the prescribed duration of the working time of one shift, which should not exceed twelve hours.
When his shift work coincides with night work, his payment is made in accordance with the first part of Article 123 of this Code.
3. Employees are employed on an equal basis in shifts. Transfer from one shift to another is determined by the shift charters approved by the employer in agreement with the trade union office or other representative organization, taking into account the specifics of the work and the opinions of the workers. Employment charters are notified to employees no later than one month after their entry into force.
4. Intervals between shifts shall not be less than twelve hours.
5. It is prohibited to hire an employee during two consecutive shifts.
(In the Redaction of the Laws of Turkmenistan of November 8, 2014 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2016, No. 2, Article 101) .
Chapter V. It's vacation time
Article 73. The concept of vacation time
Vacation time is the time during which the employee is free from work duties and can use it as he wishes.
Article 74. Break for rest and lunch
1. Employees are given a break of not less than one hour but not more than two hours for rest and meals. Break time is not included in working time.
2. A break for rest and meals should be given as a rule every four hours after the start of work. The starting and ending time of the break is determined by the internal labor regulations of the enterprise.
3. Employees use the break as they see fit. In the meantime, they can leave the workplace.
4. In jobs where it is not possible to determine a break due to production conditions, including in continuous working enterprises, the employee must be given time and place to rest and eat during working hours. Under such circumstances, breaks may be granted every four hours to 30 minutes. The schedule of such work, the time and place of rest and meals shall be determined by the employer in agreement with the trade union or other representative organization of the employees.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 75. Interruptions or stoppages during hot (cold) periods of the year and transfer to other work related to them
1. During the hot (cold) season, employees are given breaks or work can be temporarily interrupted (stopped) in the open air or in closed buildings without ventilation (cooling, heating) systems. The starting and ending time of the break is determined by the employer and formalized by the appropriate order.
2. When work is stopped during hot (cold) weather due to high (low) temperature, the employer has the right to temporarily transfer the employee to another job with more favorable working conditions.
3. The Cabinet of Ministers of Turkmenistan shall determine the air temperature regulation for employees to be given a break or work may be temporarily interrupted (stopped).
Article 76. Holidays during a five-day and six-day work week
1. During a five-day work week, employees are given two days off per week, and one day off per week during a six-day work week.
2. Sunday is a public holiday. If two days of rest are not defined by the legislation of Turkmenistan, then the second day of rest during the five-day working week is specified by the charters of the work shift of the enterprise and should be replaced with a general day of rest.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 77. Holidays in continuous business
In enterprises where work cannot be stopped due to production-technical conditions or due to continuous service to the public (airports, stations, etc.), as well as in other enterprises with continuous production, holidays are assigned to each group of employees on different days of the week according to the shift charters of the enterprise. is given.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 78. Holidays in public service businesses
In enterprises where work cannot be interrupted on a general holiday due to the need to serve the public (shops, theaters, museums, enterprises serving the public, etc.), holidays are arranged by the employers in agreement with the local government or local self-government bodies. is noted.
(In the edition of the Law of Turkmenistan dated June 9, 2018 - Data of the Mejlis of Turkmenistan, 2018, No. 2, Article 48).
Article 79. Duration of continuous rest per week
The duration of uninterrupted rest in each week shall not be less than forty-two hours.Article 80. Hiring on holidays
1. Working on days off is allowed only with the consent of the employee, except in cases where he has fulfilled the following:
1) activities related to the prevention of social or natural disasters, industrial accidents or the immediate elimination of damages caused by disasters;
2) on the basis of a collective agreement (union) or a labor contract concluded between an employer - a natural person and an employee.
2. Employees are withdrawn to work on holidays by the employer's written order, subject to the restrictions provided for in Articles 191, 242, 243 and 255 of this Code.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 81. Holidays and Memorials
1. Businesses, organizations and institutions are not allowed to work on the following public holidays and memorial days:
1) New Year - January 1;
2) International Women's Day - March 8;
3) National Spring Festival - March 21-22;
4) Day of the Constitution of Turkmenistan and the National Flag of Turkmenistan - May 18;
5) Independence Day of Turkmenistan - September 27;
6) Memorial Day - October 6;
7) International Neutrality Day - December 12;
8) Gurban Bayram - the exact date of Gurban Bayram is determined every year by the Decree of the President of Turkmenistan;
9) Fasting holiday - the exact date of the Fasting holiday is determined every year by the Decree of the President of Turkmenistan.
Holidays and memorial days are also celebrated in Turkmenistan, except for holidays determined by the Decree of the President of Turkmenistan (if they coincide with working days).
2. When a non-working holiday or memorial day falls on a weekend (Sunday), the weekend is the business day following the holiday or memorial day.
3. The Cabinet of Ministers of Turkmenistan has the right to change the day off to another day of the week in order to regularly use rest and non-working holidays by employees.
(In the redaction of the Law of Turkmenistan dated October 5, 2014, March 20, 2017 and October 9, 2017 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 129; 2017, No. 1, Article 33; No. 4, Article 134).
Article 82. Special cases of work and duty on holidays, non-working holidays and memorial days
1. It is allowed to work on holidays, non-working holidays and memorial days in non-stop jobs (continuously operating enterprises) under industrial and technical conditions related to public service, as well as the need for urgent repairs and loading and unloading operations.
2. Payment for work on holidays, non-working holidays and memorial days is carried out in accordance with Article 121 of this Code.
3. The shift of employees at the enterprise after the end of the working day can be introduced by the employer in special cases by the agreement of trade unions or other representative organizations of employees.
4. Employees are allowed to go on duty once a month.
5. If the employees are on duty after the end of the working day, the order of going to work can be postponed to the time of delay of going to work after the shift. The combined duration of shifts or shift work may not exceed the duration of a normal working day.
6. According to the duration of the employee's shift on holidays, non-working holidays and memorial days, he is allowed to rest for ten calendar days after the end of the shift, at the employee's request, on the next working day after the shift.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Chapter VI. Permissions
Chapter 1. General rules
Article 83. Right to Permission
1. Working citizens of Turkmenistan have the right to annual paid basic leave (hereinafter - annual basic leave) in accordance with this Code.
2. Working citizens of Turkmenistan have the right to receive other types of permits in accordance with this Code.
3. Foreign citizens and stateless persons specified in the fourth part of Article 5 of this Code have the same right to leave in accordance with this Code as citizens of Turkmenistan.
Article 84. Types of permits
The following types of permits are prescribed in Turkmenistan:
1) basic annual leave;
2) additional paid leave (hereinafter - additional leave);
3) life permit;
4) unpaid leave.
Article 85. Disclaimer of License
1. All types of permits specified in Article 84 of this Code are granted in accordance with the procedure and conditions established by this Code with the appropriate order issued by the employer based on the employee's written application.
The start time of the leave must be on a working day for the employee in accordance with the internal labor regulations (shift charters) approved by the enterprise.
In case the employee refuses to use his annual basic and additional leave, the employer, on his own initiative, formalizes the permits specified in the relevant order in accordance with the procedure for issuing permits to employees.
2. The employee's place of work (position) is preserved during the period of use of the leave provided for by the legislation of Turkmenistan.
(In the edition of the Laws of Turkmenistan dated August 18, 2015, June 18, 2016 and March 2, 2019, - Data of the Mejlis of Turkmenistan, 2015 y. No. 3, Article 113, 2016 y. , No. 2, Article 101; 2019, No. 1, Article __).
Chapter 2. Procedure and conditions for issuing basic and supplementary annual permits
Article 86. Duration of annual basic leave
1. The duration of annual basic leave shall be thirty calendar days per year.
2. For teaching staff and managers of all types of educational institutions, as well as for persons with disabilities, the duration of annual basic leave is set at forty-five calendar days.
3. The basic annual leave for scientists who hold positions in scientific organizations, institutions and enterprises and who hold the degree of doctor of sciences is forty-five calendar days, and thirty-six calendar days for those who hold the degree of candidate of sciences.
(Data of the Mejlis of Turkmenistan in the edition of the Law of Turkmenistan dated August 18, 2015, Article 113 of 2015, No. 3).
Article 87. Procedure for granting annual basic leave
1. Basic annual leave must be granted to the employee every year. The employer must inform the employee about the start of the annual basic leave at least fifteen days before the start of the leave.
2. An employee has the right to receive basic leave for the first year of employment after eleven months of continuous work from the date of conclusion of the employment contract.
3. Annual basic leave shall be granted at their discretion to the following employees, even if no more than eleven months have passed:
1) for women - before or after maternity leave;
2) to persons with disabilities;
3) to minors;
4) the employer - to the employee who was dismissed from the previous workplace due to the reduction of the number of employees or the list of positions, the liquidation of the enterprise or the cessation of work by a natural person:
5) to an employee whose work is combined with his main job - a leave that is not paid at the same time as the annual basic leave at the main place of work;
6) an employee who has been transferred to another job in the system of a ministry or a departmental administrative agency by the order of the higher authority is granted annual basic leave in accordance with the period of actual work in that system.
4. Annual basic leave for the second and last years of work is granted according to the schedule of permits established by the enterprise.
5. The annual basic leave granted to the teaching staff of all types of educational institutions is normally granted during the summer vacation, regardless of the time of employment in that educational institution.
6. Annual basic leave in summer or other convenient time shall be granted at the discretion of:
1) to a woman who has two or more children under the age of fourteen (children with disabilities under the age of eighteen);
2) to unmarried parents or their substitutes who are raising one or more children under the age of fourteen (children with disabilities under the age of eighteen);
3) to the wife of a military serviceman who has a child;
4) to a person with a disability;
5) minors;
6) to a person who adopts children under the age of three;
7) to a person who suffered as a result of a radiation disaster.
7. Issuance of annual basic leave to individual groups of veterans in the summer or at another convenient time is regulated in accordance with the procedure established by the legislation of Turkmenistan.
(March 26, 2011, November 8, 2014, August 18, 2015, June 18, 2016, August 26, 2017, and 2019 In the edition of the Laws of Turkmenistan dated March 2 - Data of the Mejlis of Turkmenistan, 2011, No. 1, Article 26, 2014, No. 4, Article 151, 2015, No. 3, Article 113, 2016. , No. 2, Article 101; 2017, No. 3, Article 112; 2019, No. 1, Article __).
Article 88. Periods included in the business year
1. Working year means the first and last working years calculated from the date of conclusion of the labor contract by the employee with the employer and until the corresponding day following the first and each last year.
2. The period of work entitling to annual basic leave includes the following:
1) actual processing time;
2) the period of leave to take care of the child until he reaches the age prescribed by the legislation of Turkmenistan does not apply to the time when the employee is not actually working, but in accordance with the legislation of Turkmenistan, his place of work (position) is reserved;
3) forced idle time in case of illegal dismissal or layoff and subsequent reinstatement;
4) other periods of time stipulated in the labor or collective agreement (agreement).
3. The period of work giving the right to the annual basic leave does not include the time of the employee's absence from work without valid reasons, including the cases provided for in Article 38 of this Code.
4. For work with harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions, only the time actually worked in the relevant working conditions is added to the period of work giving the right to an additional leave.
(In the Redaction of the Laws of Turkmenistan of June 22, 2013 and November 8, 2014 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2014, No. 4, Article 151) .
Article 89. Transfer and extension of basic annual leave
1. An employee has the right to postpone or extend the basic annual leave in the following cases:
1) during temporary incapacity for work;
2) when allowed due to pregnancy or childbirth;
3) when the main annual leave coincides with study leave, with additional leave for marriage and burial and commemoration;
4) when performing the state duties or the duties of the elected bodies provided for in Article 145 of this Code.
2. Before the start of the annual basic leave, in the event that there are reasons preventing it from being used, a new period for using the leave is set in agreement with the employer. When such reasons arise during the annual basic leave period, the leave is extended to the unused number of days or transferred to another period in agreement with the employer.
3. If the employer does not notify the employee about the start of the annual basic leave within the period specified in the first part of Article 87 of this Code, or the employee is not paid for it before the start of the leave, then the leave is transferred to another period upon the employee's application.
4. The employer has the right to transfer the basic annual leave to the next working year with the consent of the employee, but it should not exceed two years.
5. In the event that the employee's annual basic leave period coincides with his additional leave or pregnancy and childbirth leave, or if the employee is temporarily unable to work, the days of the annual basic leave shall be additional or it is extended to the number of days of maternity leave or temporary incapacity for work.
(In the edition of the Laws of Turkmenistan dated November 8, 2014, June 18, 2016 and August 26, 2017 - Data of the Mejlis of Turkmenistan, 2014 year, No. 4, Article 151, 2016 year. , No. 2, Article 101; 2017, No. 3, Article 112).
Article 90. Additional permit for work with harmful and (or) dangerous (particularly harmful and (or) particularly dangerous) working conditions
1. Additional leave is given to employees, if their working conditions are classified as harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions according to the results of the professional examination of workplaces.
2. The minimum duration of the additional leave is three calendar days for the employees specified in the first part of this article.
3. The duration of additional leave for work with harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions is determined based on the results of the professional test of the workplace (jobs), taking into account the actual working level of the employee in the relevant working conditions. .
4. Additional leave for work with harmful and (or) dangerous (particularly harmful and (or) particularly dangerous) labor conditions is granted in full to an employee who has worked full-time in such work throughout the entire working year.
The maximum duration of the additional leave is specified in the collective agreement (bargaining agreement) and should not exceed fifteen calendar days.
5. In other cases, the duration of additional leave for work with harmful and (or) dangerous (particularly harmful and (or) particularly dangerous) working conditions is determined equal to the time worked in such work during the working year.
6. Additional leave is granted annually without the right to carry it over to the next working year on the grounds provided for in this article only, and may be added to the basic annual leave at the employee's discretion.
7. Jobs, professions and positions with harmful and dangerous (especially harmful and especially dangerous) labor conditions that give the right to an additional permit are determined by the list considered in the second part of Article 176 of this Code.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 91. Additional permission for specific nature of work
1. Additional leave for the special nature of the work is granted to employees working in jobs with high nervousness, mental stress and other increased loads in order to fully restore their work capacity.
2. The duration of the additional leave for the specific nature of the work is determined by the following:
1) to air traffic controllers with an instructor's certificate - up to seven calendar days;
2) depending on the number of hours flown during the working year, to employees of the flight and flight-test component - up to fifteen calendar days;
3) for people with irregular working days - three calendar days.
3. Additional leave for the special nature of the work is granted annually, it cannot be carried over to the next work year and can be added to the basic annual leave at the employee's request.
91 Article 1 . Additional Allowance for Victims of Radiation Accidents
1. An additional leave of up to fifteen calendar days is granted to a person who suffered as a result of a radiation accident.
2. Additional leave is granted annually, it cannot be carried over to the next working year and can be added to the basic annual leave at the employee's request.
Article 91 of the Code was amended by the Law of Turkmenistan of March 26, 2011 - Data of the Mejlis of Turkmenistan, 2011, No. 1, Article 26.
Article 92. Calculation of duration of basic and additional annual leave
1. Non-workable public holidays and memorial days falling within the period of the employees' annual basic and additional leave provided for in Articles 90 and 91 of this Code are not included in the number of calendar days of leave and are not paid.
2. The total duration of the annual leave is calculated by adding the basic and additional annual leaves.
3. When calculating the duration of leave in proportion to the time worked, their length is determined by dividing the full amount of each leave by twelve and multiplying by the number of full months of work. In this case, the number of days of the month equal to fifteen or more calendar days is taken as a full month, and less than fifteen calendar days are not taken into account.
(In the Redaction of the Laws of Turkmenistan dated October 1, 2011, November 8, 2014 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2011, No. 4, Article 81, 2014 , No. 4, Article 151; 2019, No. 1, Article __).
Article 93. Additional license to marry
1. Additional leave for marriage is ten calendar days, five of which are granted to the persons getting married, as well as to each of their parents or their substitutes (in their absence, two of their close guardians who organize the solemnization of the marriage). given before the date of marriage. Institutions of registration of civil status (RÝNÝ) - state institutions of registration of civil status, which include RÝNY departments of municipalities of provinces, etraps, towns of etraps, urban etraps, councils, as well as diplomatic missions of Turkmenistan authorized to register civil status letters by the state. or a certificate issued by the consular authorities is the basis for the additional permission to enter into marriage.
2. When the marriage is concluded outside the territory of Turkmenistan, the persons specified in the first part of this article are granted an additional permit for the duration of ten calendar days upon their application. The payment of the additional permit is made on the basis of a certified copy of the document certifying the registration of marriage abroad in the prescribed manner, based on a certificate issued by the Ministry of the Interior of Turkmenistan.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 94. Additional permission to carry out funeral and memorial service
1. Institutions of registration of civil status (RÝNÝ) - state institutions of registration of civil status, which include provincial cities, etraps, cities of regional jurisdiction, municipal departments of etraps in the city, councils, as well as diplomatic institutions of Turkmenistan authorized to register civil status letters by the state. two of the deceased's close guardians are granted an additional permit of ten calendar days to carry out the burial and commemoration ceremony on the basis of a certificate issued by the diplomatic missions or consular authorities.
2. Parents or their substitutes, spouses, children, grandparents, aunts and uncles, brothers-in-law and sisters-in-law, sons-in-law and sons-in-law are considered close guardians.
3. Additional permission is given to people who go outside Turkmenistan to carry out mourning and memorial ceremonies, based on their application and the notification of the death of a close relative confirmed in the prescribed manner. The payment of the additional leave is made by issuing a certificate issued by the Ministry of the Interior of Turkmenistan on the basis of a duly certified copy of the document confirming the fact of the death registered in a foreign country.
(In the Redaction of the Laws of Turkmenistan of November 8, 2014 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151; 2018, No. 2, Article __) .
Article 95. Supplementary leave granted to citizens who have reached the age of 62 years
Additional leave with a duration of three calendar days is granted to citizens of Turkmenistan who have reached the age of 62 and work in enterprises regardless of the type of ownership, or is added to the annual basic leave for the working year of the employee reaching the age of 62.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101)
Chapter 3. Life Permits
Article 96. Maternity leave
The procedure for granting maternity leave and payment of state allowance is carried out by a specially authorized agency specified in Clause 1 of Article 404 of this Code in agreement with the Ministry of Health and Medical Industry of Turkmenistan, the Ministry of Finance and Economy of Turkmenistan and the National Center of Trade Unions of Turkmenistan. approved by
(In the edition of the Law of Turkmenistan of June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2018, No. 2, Article __) .
Article 97. Child care leave
1. Regardless of the length of employment, a woman has the right to unpaid leave to take care of the child until she reaches the age of three after the termination of pregnancy and childbirth leave.
2. Childcare permission can be granted to the person who actually cares for the child, including the child's father, guardian, as well as other guardians in cases specified by the legislation of Turkmenistan.
The Cabinet of Ministers of Turkmenistan shall determine the procedure for granting child care leave to the specified persons.
3. During the child care leave, the employee's place of work (position) is preserved.
4. Child care leave can be used in full or in parts.
A person on parental leave up to the age of three has the right to interrupt the leave and start work until the end of the parental leave period, in which case he must notify the employer about this two weeks before going to work.
In this case, the basic annual leave is granted according to the time actually worked.
5. Childcare state allowance is assigned and paid to a person on child care leave in accordance with the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 98. Permits granted to full-time and part-time employees in secondary and higher vocational education institutions
For employees studying in full-time and part-time secondary and higher vocational education institutions, including in foreign countries, on the condition of non-exclusion from production, for each accounting period of the career provided for in the curriculum, and the student is invited to the intermediate and (or) final state examination. On the basis of the letter (invitation) of the educational institution, paid permits are issued for taking state exams (passing the final professional exam).
The duration of the permit even includes the distance specified (in the invitation) and/or the final state examination dates and the time spent on the way to and from the location of the educational institution.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Section 99 is repealed.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 100 is repealed.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Section 101 repealed.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 102. Creative permission
1. A creative leave is granted to a person who successfully combines production or teaching work with scientific work, on the recommendation of the relevant scientific council, keeping the average salary and the position at the main workplace.
2. Creative leave is granted for three months to complete candidacy work, as well as to write textbooks and teaching methods, and six months to complete doctoral work.
3. The payment of creative licenses is carried out at the workplace within the framework of the labor compensation fund, as well as at the expense of funds allocated for the training of scientific workers.
Chapter 4. Leave without pay
Article 103. Procedure and conditions for granting unpaid leave
1. At the request of the employee, when there are valid reasons, a leave without payment of wages is granted for a period of up to ten calendar days during the year.
2. In cases where an employee needs unpaid leave for more than ten calendar days, he may be given additional days at the expense of the annual basic leave or additional leave.
3. In addition to the duration provided for in the first part of this article, unpaid leave is granted to the following employees at their discretion:
1) to single parents or their substitutes who are raising one or more children under the age of fourteen (a child with a disability under the age of eighteen) - up to fourteen calendar days;
2) to persons with disabilities - up to thirty calendar days;
3) up to 15 and 10 calendar days before admission to higher or secondary vocational schools, respectively, and up to 15 calendar days for post-graduate studies, the time specified here does not include the time of travel to and from the location of the educational institution;
31) To those who are sent for confirmation of the diploma of secondary professional or higher professional education of Turkmenistan received in the relevant educational institution outside the territory of Turkmenistan - up to thirty calendar days;
4) to prepare a diploma project (thesis) at the request of an employee studying in the last academic year of full-time and part-time and part-time higher and secondary professional educational institutions and according to the letter of the relevant educational institution - up to thirty calendar days;
5) custody to take care of a sick family member - for the period determined by the health care institution;
6) to foreign teaching staff working in educational institutions of Turkmenistan - up to thirty calendar days;
7) to a pensioner according to age - up to thirty calendar days.
4. In the case of downtime for production reasons (out of line of equipment, mechanisms, raw materials, means (materials), lack or lack of electricity, etc.) upon the agreement of the trade union or other representative organizations of the employer, the employer will give the employees three months, in special cases - he has the right to grant unpaid leave for up to twelve months.
5. The duration of unpaid leave for certain groups of veterans and persons equal to them in terms of benefits is regulated by the legislation of Turkmenistan.
(On November 8, 2014, August 18, 2015, June 18, 2016, August 26, 2017 and March 2, 2019 - in the editorial office of the Laws of Turkmenistan - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2015, No. 3, Article 113, 2016, No. 2, Article 101, 2017, No. 3, Article 112 2019, No. 1, Article ___).
Chapter 5. Authorization Features
Article 104. Issuance of permission in installments
The basic annual leave, as well as the additional leaves attached to it, can be divided into two parts and granted at different times of the working year at the discretion of the employee.
(In the edition of the Law of Turkmenistan dated June 22, 2013 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45).
Article 105. To revoke permission
Withdrawal from the basic annual leave and the accompanying supplementary leave is permitted only with the written consent of the employee. Any unused portion of leave may, at the employee's option, be taken at another time during the same work year or combined into leave for the next work year.
(In the edition of the Law of Turkmenistan dated June 22, 2013 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45).
Article 106. Right to take leave on termination of employment
1. When an employee resigns (except for the cases provided for in clauses 5-12 of Article 42 of this Code), he/she is given annual basic and additional leave that has not been used in full or in part at his/her own request. can be
2. The leave for later dismissal due to the expiration of the employment contract may be granted for the time actually worked and for the total time beyond the limits of the employment contract.
3. The day of dismissal based on the principles specified in the first and second parts of this article is considered the last day of the leave.
(In the Redaction of the Laws of Turkmenistan of June 22, 2013 and November 8, 2014 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2014, No. 4, Article 151) .
Chapter 6. License fee
Article 107. Funds to pay for leave
1. The payment of leave at the enterprise is made from the funds intended for payment of labor.
2. When calculating the allowance for the leave, contributions to the state pension insurance are taken into account of all types of wages paid, excluding wages for work in coordination with the main job, payments of a one-time nature, as well as payments not conditioned by the current system of payment of wages.
(In the edition of the Law of Turkmenistan dated June 22, 2013 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45).
Article 108. Calculating the license fee
1. Irrespective of the working year for which the leave is granted, the average salary and average daily wage are calculated from the twelve calendar months preceding the month of leave.
2. Calculation of average salary and average daily wage is carried out according to the procedure defined by Article 131 of this Code.
3. The total average daily wage of leave payment is determined by multiplying the number of days of annual basic leave, additional and life leave.
Article 109. Reimbursement of unused annual basic and additional allowances
1. In the case of withdrawal from the annual basic and supplementary leave, in special cases, the unused part of these leaves is replaced by money.
2. All types of life leave, leave compensation for pregnant women and employees under the age of eighteen, for employees working in harmful and (or) dangerous (particularly harmful and (or) particularly dangerous) working conditions, as well as for employees working in jobs with a special nature of work. Redemption by top-up is not permitted.
3. All unused annual basic and additional leave shall be compensated in cash upon the employee's resignation.
Employees who resign with less than 11 months are paid compensation for unused leave in the amount equal to the number of months of basic leave.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Chapter VII. Paying for labor
Chapter 1. Type, manner and amount of payment for labor
Article 110. Basic concepts and definitions
1. Paying for labor is a system of socio-economic and legal relations related to the establishment and implementation of payments to employees for their labor by the employer in accordance with the legislation of Turkmenistan, labor contracts, collective agreements (agreements).
2. Salary - it is related to the work rules, working conditions, depending on the profession of the employee, the complexity, quantity and quality of the work performed, the service performed in money, as well as incentive payments.
3. The system of remuneration for labor is a method of linking the price of labor power with the results of labor of employees, which allows to determine the wages according to the results of the labor of the employee. Hourly and hourly payment methods can be set in the enterprise.
4. Incentive payments are a variety of additional incentive payments, rewards, and benefits used by employers to reward employees for higher and more consistent results compared to other employees.
5. The minimum wage is the minimum amount of incentive for labor guaranteed by the legislation of Turkmenistan, which should be received by an employee who is able to perform labor duties and performs the simplest work under normal working conditions at his workplace.
6. Average salary - this is the average size of the employee's salary for the time worked in a certain period. The average salary for a month (average monthly salary) and for a day (average daily salary) is determined in accordance with the procedure established in Article 131 of this Code.
7. Tariff amount (monthly salary) - this is the specified measure of payment of the employee's labor for the fulfillment of specific complex (professional) labor standards (labor obligations) within a unit of time.
8. Payments related to work rules and working conditions - is the sum of various types of additional payments to the tariff rates (monthly wages) of employees in order to ensure labor protection and to compensate for working conditions that affect health to a certain degree that deviate from normal working conditions. Such payments include the following: in harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions, at night, on holidays, non-working holidays or memorial days, in places with special weather conditions, (duty) in addition to wages for overtime work, as well as non-regular working hours of drivers.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 111. Guaranteed salary
1. Regardless of his financial situation, the employer is obliged to pay the employee for the work performed in accordance with the established conditions and terms of payment of labor.
2. The amount of guaranteed labor payment by the employer should not be less than the minimum wage established by the legislation of Turkmenistan.
Article 112. State wage rates
1. State wage rates are the monthly tariff amount and monthly wages that determine the levels of wage payment for specific groups of professional employees of budget organizations and agencies.
2. State tariffs are not subject to improvement and are the basis for setting the exact amount of rates and salaries in budgetary organizations and institutions.
3. Other employers may use state rates to determine the amount of wages paid to employees, if this is stipulated in collective agreements (agreements).
(In the Redaction of the Laws of Turkmenistan of June 18, 2016 and August 26, 2017 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2017, No. 3, Article 112) .
Article 113. Types, manner and amounts of remuneration for labor
1. Types, procedures and amounts of remuneration for employees' labor, including additional payments of a compensatory and incentive nature, rationalization proposals and royalties for inventions are determined by the employer based on the labor contract, collective agreement (agreement).
Reimbursement payments are made by the employer in the manner and amounts established by this Code and other normative legal acts of Turkmenistan.
2. Types, procedure and amounts of payment of wages to civil servants are determined by the legislation of Turkmenistan.
3. The amount of remuneration for employees of budget institutions and organizations is determined by the authorized body of the Cabinet of Ministers of Turkmenistan.
4. Setting the amount of remuneration for labor is carried out depending on the professional level of employees, the complexity and tension of their work, working conditions, the amount and quality of labor spent.
5. The wages of employees are not limited to maximum amounts.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 114. Annual performance incentive
1. The salary of the employees of the enterprise based on the results of the annual work can be additionally assigned from the fund formed at the expense of the profit remaining at the disposal of the enterprise. The amount of the salary is determined by taking into account the results of the employee's labor and the duration of his continuous work in the enterprise.
2. The regulation on the procedure for calculating and paying the incentive based on the results of the annual work is approved by the employer in agreement with the trade union office of the enterprise or other representative organization of employees.
Article 115. Type of wage payment
Wages are paid in cash.
Article 116. Amounts of wages in enterprises
1. The amount of remuneration for the employee's labor is regulated by the labor contract, collective agreement (bargaining agreement), tariff agreement.
2. In order to increase the financial interest of employees, as well as the efficiency of production and the quality of work, the employer can introduce systems of rewards and additional fees for labor results.
Article 117. Remuneration of leaders, professionals, employees and scientists
1. Remuneration of supervisors, specialists, employees and scientific workers is usually carried out on the basis of monthly wages.
2. Salaries are set by the employer according to the position and profession of the employee.
3. The employer may set a different type of remuneration for managers, professionals and employees, increased wages according to professional skills, as well as incentive payments (percentage of the profit, profit shares, etc.).
4. Scientific and teaching staff with a scientific degree and a scientific title are assigned an additional salary in accordance with the procedure determined by the legislation of Turkmenistan.
(In the editorial office of the Laws of Turkmenistan dated January 1, 2010, June 22, 2013, August 18, 2015 and August 26, 2017 - Data of the Mejlis of Turkmenistan, 2010, No. 1 , Article 6; 2013, No. 2, Article 45; 2015, No. 3, Article 113; 2017, No. 3, Article 112).
Article 118. Paying workers
1. Tariff amounts and monthly wages are used for payment of workers' labor.
2. Employers shall independently determine the type, schedule, tariff rate, salary, bonuses, incentives and other payments, as well as the ratio of their amounts among separate groups of employees, based on collective agreements (agreements) or tariff agreements. they define
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 119. Change in terms of remuneration
1. The conditions of payment of wages are changed according to their established order.
2. Changing the terms of remuneration to the detriment of the employee without agreement with the employee is allowed as an exception in the following cases:
1) in the event that the previous conditions for payment of wages in production technology and labor organization cannot be maintained;
2) When the amount of work (services) provided for by the legislation of Turkmenistan, the norms (regulations) of product production are changed.
3. The employee must be notified about the change in the conditions of payment of wages no later than one month.
Chapter 2. Special conditions for payment of wages
Article 120. Payment for overtime work
1. Overtime work is paid twice.
2. For overtime work, at the discretion of the employee, increased wages may be allowed during the year, not exceeding the number of hours worked.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 121. Payment for work performed on holidays, non-working holidays and memorial days
1. Remuneration for work performed on holidays, non-worked holidays and memorial days, by agreement of the parties, during the year not exceeding the hours worked on holidays, non-worked holidays and memorial days, is allowed on other working days or is paid twice in cash. .
2. Payment for work performed on holidays, non-working holidays and memorial days shall be carried out as follows:
1) to contractors - double the contract rates;
2) employees who are paid hourly or daily wages - twice the hourly or daily wages;
3) to the employees who receive wages, if the work is performed in the amount of one month's working time on holidays, in the amount of hourly or daily amount in excess of the wages, if the work is performed in excess of the wage, then in the amount of hours or in excess of the wages Also double the daily rate.
(In the Redaction of the Laws of Turkmenistan dated June 18, 2016, August 26, 2017 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2016 y., No. 2, Article 101; 2017 y. , No. 3, Article 112; 2019, No. 1, Article ___).
Article 122. Additional pay for working conditions
1. In work with harmful and (or) dangerous (especially harmful and (or) especially dangerous) labor conditions, in work in places with severe or special weather conditions (arid, desert), as well as mobile and (or- d) employees are charged an additional fee to the tariff amount (monthly salary) for working in traffic conditions.
2. The amount of fees in addition to the tariff amount (monthly wage) specified in the first part of this article and the order of its determination shall be determined by the Cabinet of Ministers of Turkmenistan.
3. Jobs, professions and positions with harmful and dangerous (especially harmful and especially dangerous) labor conditions that entitle to additional payment to the tariff rate (monthly wage) are determined by the list considered in the second part of Article 176 of this Code.
(In the Redaction of the Laws of Turkmenistan of November 8, 2014 and August 26, 2017 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151; 2017, No. 3, Article 112) .
Article 123. Paying for tomorrow's work
1. If the wage, including night work, is not related to the nature of the work, each hour of night work is paid at the rate of one and a half times the number of hours.
The exact amount of the payment for night work is determined by the collective agreement of the enterprise (stipulation on wages), but it should not be lower than that stipulated in this Code.
2. The increased pay for night work is not included in the amounts, the salary of the post, except for those mentioned in the first part of this article.
(In the Redaction of the Laws of Turkmenistan of August 26, 2017 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112; 2019, No. 1, Article ___) .
Article 124. The schedule of payment during idle time and when new productions (products) are acquired
1. When the employee is absent without fault, if the employee has notified the employer (foreman, foreman, other officials) about the beginning of the period of unemployment, the employee shall be paid a fee of not less than two-thirds of the tariff amount of the prescribed discharge and salary.
2. No compensation for time off due to fault of the employee.
3. During the development of a new production (product), the employer may pay additional wages to the employees up to the previous average salary for a period not exceeding six months.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 125. Procedure for payment of labor in case of defective product
1. When a defective product is manufactured through no fault of the employee, the payment of labor for its preparation is carried out at the same rate as the rates established for suitable products.
2. Defective products caused by an unreported defect of the working material, as well as after being accepted by the technical inspection body, for the defective product that occurred without the employee's fault, the same employee is paid for the defective product on the same level as the suitable products.
3. Totally defective product caused by the fault of the employee is not eligible for payment.
4. Partially defective products caused by the fault of the employee are paid at reduced rates depending on the degree of partial fitness.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 126. Procedure for payment of labor in case of non-compliance with performance norms
1. If, through no fault of the employee, performance standards are not met, payment of wages is made for actual work performed. In such a case, the monthly salary cannot be less than two-thirds of the tariff rate of the salary assigned to him.
2. If the norms of work performance are not fulfilled due to the employee's fault, payment is made according to the amount of work performed.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 127. Payment of wages when tasks (tasks) are coordinated and the duties of a temporarily absent employee are fulfilled
1. In the same enterprise (same employer) for coordinating the activities (duties) of an employee performing the duties of a temporarily absent employee without leaving his/her main job, in parallel with his/her main job, in another job (duty) stipulated by the labor contract. , or an additional fee is paid for performing the duties of the temporarily absent employee.
2. Coordination of tasks (tasks) is usually allowed within the framework of the relevant group of employees (workers, engineers and technicians, servants and others).
3. Additional compensation for coordinating jobs (tasks) or fulfilling the duties of a temporarily absent employee is more than fifty percent of the wage of the coordinated job (task) based on the employee's agreement by the employer with the trade union office of the enterprise or other representative organization of employees. it is prescribed in a non-existent amount.
4. Additional fees for:
1) the savings of the labor compensation fund obtained from the reduction of the number of employees may be directed to the appointment of an additional fee for coordination of tasks (tasks) when the task list approved by the superior organization is included;
2) to fulfill the duties of temporarily absent employees, an additional fee of not more than fifty percent of the tariff rate (monthly wage) of an employee without additional fees may be used, regardless of the number of such employees.
5. This Article does not apply to:
1) to heads of enterprises, their deputies and assistants; to senior specialists (head: engineer, mechanic, technologist, constructor, geologist and other senior specialists under the leader); to the heads of structural units, departments, fields, services and their deputies;
2) scientific, engineering and technical staff and other specialists of research institutes and employees, workers in experimental (test) productions, fields, workshops, precincts and facilities of these institutes, in geological, research and exploration expeditions and groups (parties) does not enter;
3) to engineering and technical staff and other specialists and employees of the executive power and economic administration bodies.
(In the edition of the Laws of Turkmenistan dated November 8, 2014, August 26, 2017 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2014 year, No. 4, Article 151; 2017 year , No. 3, Article 112; 2018, No. 2, Article 48)
Article 128. Payment of wages for temporary work
When working in a temporary position, the employee who works as a substitute is paid the salary in the amount of the monthly salary of the employee who works in the position specified in the job list.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 129. Payment of wages for the performance of various skilled works
1. Time-paid workers and employees are paid for the work of a higher professional level when performing various specialized jobs.
2. Contractual wages are paid according to the labor rates of the work performed. When workers who are paid for temporary labor in the sectors of the economy are assigned to perform work at a lower level than the wages provided, the workers who perform such work, if it is stipulated by the collective agreement (agreement), are paid the difference in wages. Payment is made when the worker achieves a certain level of productivity.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 130. Paying for part-time work
In accordance with Article 63 of this Code, remuneration for part-time working day or part-time working week is carried out in proportion to the time worked or depending on the performance of the specified level of work performance.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 131. Calculation of average wages
1. For all cases of determining the amount of the average salary provided for in this Code, a single procedure for calculating it is prescribed.
2. When calculating the average wage, all types of wages for which contributions to the state pension insurance are paid, including the total amount of leave payments, are taken into account, including the wages in coordination with the main work, as well as the current system of payment of wages. Contingent payments are not included.
3. Calculation of the average salary of an employee in any work order is based on the actual calculated salary and actual worked time for the twelve calendar months preceding the payment period.
If the employee has worked for less than twelve months, then the calculation of his average salary is based on the number of calendar months actually worked before the payment period.
If an employee quits after less than a month, the amount of compensation to be paid to him is calculated from the fixed monthly salary (tariff amount) on the day of termination.
4. The average daily wage is calculated by dividing the average monthly wage by 29.7.
5. In order to calculate the average wage in the legislation of Turkmenistan, other periods can be taken into account if it does not worsen the situation of employees.
6. The specifics of the procedure for calculating the average wage established by this article are determined by the agency authorized by the Cabinet of Ministers of Turkmenistan.
7. In accordance with the decrees of the President of Turkmenistan, the payment of labor leave is indexed according to the number of the accepted wage increase for calculating the amount of unemployment benefits, compensations and compensations.
(January 1, 2010, June 22, 2013, August 18, 2015 and August 26, 2017 - in the editorial office of the Laws of Turkmenistan - Data of the Mejlis of Turkmenistan, 2010, no. 1, Article 6; 2013, No. 2, Article 45, 2015, No. 3, Article 113; 2017, No. 3, Article 112).
Article 132. Procedure, place and timing of payment of wages
1. The salary of the employee is paid not less than every half month.
2. Other terms of payment of wages may be established for separate groups of employees by the legislation of Turkmenistan.
3. In cases where the day of payment of wages falls on a holiday, holiday or memorial day, wages are paid on the day before those days.
4. Wages for the entire period of leave shall be paid at least one day prior to the commencement of the leave. If the employee is not paid the appropriate salary for the entire period of the leave within the specified period, if the employee continues to perform his labor duties, the leave granted to him will be reduced according to the number of days of the salary remaining.
5. The employee's salary is paid to the employee at the place of his/her work or transferred to the bank account specified by the employee based on the employee's written application.
Upon the employee's written request, his salary can be transferred once a month through banking institutions.
6. Except for the cases provided for by the legislation of Turkmenistan, the employer is obliged to pay the employee the full amount of the salary within the specified time period, as well as to provide him with information about the calculated salary and the deductions from it.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 133. Payment of unpaid wages up to the date of the employee's death
Salaries not received on the day of the employee's death, as well as other payments and rewards established by the legislation of Turkmenistan, are given to the family members of the employee or people who were dependents of the deceased until the day of his death within two weeks after the application is submitted based on a written application and relevant documents.
Article 134. Billing Periods Upon Termination
1. Payment of all the money due from the employer to the employee during the termination of the employment contract is made on the day the employee leaves the job. If the employee did not work on the day of termination, then the corresponding amount must be paid no later than the day following the day after the employee's request for settlement.
2. If there is a dispute about the amount of money due to the employee when he left the job, the employer is obliged to pay the undisputed amount within the period specified in this article.
Article 135. Deducting deductions from employee wages
1. Withholding of wages of employees is carried out only in the cases provided for by the legislation of Turkmenistan.
2. Withholding of wages from employees is carried out on the basis of the order of the employer at the place of their employment in order to pay off the debt owed to the enterprise:
1) to return a claim issued to the account of wages, to return money overpaid as a result of miscalculations, to pay off an unspent and timely claim issued for a business trip or transfer to another place, for economic needs, if the employee then holds on to the basis of the money taken and if he does not dispute the amount. In such cases, the employer has the right to issue a seizure order no later than one month after the expiration of the prescribed period for the return of the claim, the payment of the debt, or the payment considered incorrect;
2) payments made to the account of the employee's leave for the days of his leave that were not processed before the end of the working year.
If the employee, in paragraph 3 of the first part of article 39, in paragraphs 1, 2, 4 or 5 of the first part of article 42, in paragraph 1 of the first part of article 47 of this Code, If the employee resigns on the grounds set forth in clauses 2, 5, 7 or 9, no allowance shall be made for those days.
No deductions are made for unused vacation days even when the employee is out of work due to retirement;
3) when compensation for the damage caused to the enterprise due to the fault of the employee.
3. Wages paid by the employer to the employee in excess (including as a result of wrong application of the legislation of Turkmenistan) cannot be withheld from him, except for cases where it was paid as a result of miscalculation.
4. Overpaid salary and other money to the employee as a result of providing false information or providing false documents shall be collected from him based on the decision of the court.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 136. Limiting the amount of labor retention
1. The total amount of deductions for each wage payment should not exceed twenty percent, and in special cases provided by the legislation of Turkmenistan, fifty percent of the wage paid to the employee.
2. On the basis of a number of performance documents from the job, when the employee is withheld from the salary, the amount of not less than fifty percent of the salary should be retained by the employee.
Article 137. Prohibition of withholding certain payments due to employees
Deductions are not allowed from severance pay, compensation, and other payments that are not withheld in accordance with the legislation of Turkmenistan.
Chapter VIII. Labor standards and collective bargaining
Article 138. Labor regulations
1. Labor standards for employees (performance, time, service, number standards) are set according to the achieved level of equipment, technology, production and labor management.
2. In cases where group forms of labor organization and remuneration are used, such extended and integrated rules may be used.
3. Labor regulations refer to the professional tests and rationalization of workplaces, the introduction of new equipment, technology, and organizational-technical measures that ensure the development of labor productivity.
4. Achieving a high level of productivity (service provision) by an individual employee, a team, should not be a basis for revising the norms of improvement of new methods of labor and leading practice, as well as with the own strength of workplaces.
Article 139. Introduction, replacement and revision of labor regulations
1. Introduction, replacement and revision of labor regulations is carried out by the employer in agreement with the trade union or other representative organizations of employees.
2. Replacement and revision of general and partial (commercial, departmental, institutional) labor regulations are carried out by the agencies that approved them.
3. Employees must be notified about the introduction of new labor regulations within one month. It is necessary to explain to the employees the reasons for revising the labor regulations, as well as the conditions under which the new regulations should be applied.
4. Defects arising in the establishment or revision of work performance norms (time norms), service norms are resolved by higher authorities and trade union organizations, and by the court.
Article 140. Pricing under the labor contract method
1. In the contractual method of payment of labor, the prices are determined based on the established work conditions, tariff rates and work performance standards (time standards).
2. The price for payment on the basis of the contract is determined by dividing the hourly (daily) rate corresponding to the level of work performed by the hourly (daily) work rate.
3. The contractual price can be determined by multiplying the hourly (daily) rate corresponding to the level of the work performed by the hourly or daily rate.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 141. Retention of previous values for employees when innovations and rationalization proposals are implemented
1. Authors of inventions and rationalization proposals that change technical standards and prices shall be subject to the previous prices within six months from the moment of introduction of new labor standards and prices.
2. With the introduction of the invention or rationalization proposal of the inventor or rationalizer, the previous values are used in the cases when the inventor or rationalizer did not perform the work whose rules and prices were changed and after the introduction of such a proposal.
3. Employees who assist the inventor or rationalizer in implementing their proposals are retained for a period of three months.
Article 142. Establishing regulatory mandates and standards of service
In cases where labor is paid on an hourly basis, employees are assigned regular tasks. Rules regarding service norms or the number of employees may be established for the execution of individual types and quantities of works (services).
Article 143. Ensuring normal working conditions to meet work performance standards
The employer is obliged to provide normal working conditions for the performance of work performance standards by employees, including:
1) to provide orders, scope of work and necessary raw materials;
2) the state of repair of machines, machines, devices and equipment;
3) timely provision of technical documents;
4) to provide good quality and sufficient quantity of materials and work tools necessary to perform the work and deliver them on time;
5) to provide production with electricity, gas and other energy sources in time;
6) safe and healthy working conditions (observing the rules and regulations on technical safety and industrial sanitation, providing the necessary light, heat, ventilation, harmful effects of noise, radiation, noise and other negative effects on the life or health of employees eliminating situations).
(In the edition of the Law of Turkmenistan of June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2018, No. 2, Article 48) .
Chapter IX. Warranties and Indemnities
Article 144. Concept of Warranties and Indemnities
1. Guarantees are the means, methods and conditions that ensure the implementation of the rights of employees in the field of labor relations.
2. Reimbursements - these are cash payments, which are assigned to employees for the purpose of compensating the expenses related to the performance of labor or other obligations stipulated by the legislation of Turkmenistan.
Article 145. Guarantees for employees in the performance of public or public duties
1. If obligations under the legislation of Turkmenistan can be fulfilled during work, employees are guaranteed to maintain their workplace (position) and average salary while performing state or public duties.
2. The average wage and place of work (position) are preserved when the following state or public duties are performed during work:
1) when exercising the right to vote;
2) when the powers of the deputy are exercised;
3) When exercising the powers of members of the People's Council of Turkmenistan, velayat, etrap and city people's councils, as well as members of the Councils;
4) Participation in the meetings of the Mejlis of Turkmenistan, the meetings of the Councils, participation in conferences, comprehensive meetings, scientific consultations called by state institutions, public associations as representatives, as well as when performing other duties prescribed by the legislation of Turkmenistan;
5) attending investigative, preliminary investigation institutions, prosecutor's office or court as a witness, sufferer, expert, expert, interpreter, witness, as well as participating in court sessions as co-jurors, representatives of public associations and labor groups;
6) participation in negotiations in the manner and conditions provided for in collective agreements (agreements), and in their absence, when participating in the agreement between the parties to collective negotiations;
7) when participating in the work of groups and HMAT under local bodies of state power as members of trade union bodies;
8) when the members of the voluntary firefighting community participate in the elimination of fire or accident;
9) When performing state or public duties in other cases established by the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan of June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2018, No. 2, Article 48) .
Article 146. Guarantees for elected officials in public and public institutions
Employees who are dismissed as a result of being elected to elective positions in state and public institutions, after the expiration of their powers on the elective position, their previous job (position), as well as in their absence, are given a similar job (position) in the same enterprise or, with the consent of the employee, in another enterprise.
Article 147. Service business trip. Warranties and indemnities for service visits
1. A service trip is considered to be an employee's going to another place for a certain period of time to perform a service assignment outside the place of permanent employment by the order of the head of the enterprise. An employee's business trip is not considered a business trip if it is by road or is intended for travel or is of a portable nature.
2. Employees are entitled to receive travel expenses and other compensation.
3. Employees sent on a business trip shall be paid their daily expenses, expenses for getting to and from the appointed place, and expenses for renting accommodation for the period of their stay in the manner and in the amounts determined by the Cabinet of Ministers of Turkmenistan.
4. Employees sent on a business trip are paid their workplace, position and average salary (monthly salary, tariff amount) for the period of their business trip, including the period when they are on the road.
5. The exact amount of compensation for the expenses related to the business trip is determined by the labor or collective agreement (bargaining agreement) and cannot be lower than the amount established by the Cabinet of Ministers of Turkmenistan.
(In the edition of the Law of Turkmenistan dated August 26, 2017 - Data of the Mejlis of Turkmenistan, 2017, No. 3, Article 112).
Article 148. Guarantees and Indemnities on Transfer
1. Employees have the right to reimbursement of expenses and other compensations incurred due to their transfer, acceptance or posting.
2. When employees are transferred to another job, if it involves relocation, the following shall be paid:
1) travel expenses of the employee and his family members;
2) expenses for transportation of property;
3) daily expenses of the employee and his family members for the period spent on the way to the new place of work;
4) wages for the days necessary to prepare for the journey and settle in the new place of residence, but it should not exceed six days, as well as for the time he is on the way;
5) one-time allowance to the employee and each member of his/her accompanying family.
3. Employees who are reassigned are paid compensation (upon preliminary agreement) and the guarantees provided for in the second part of this article, excluding temporary allowances, which may be paid to those employees by agreement of the parties.
4. Guarantees and compensations for people who leave after completing a training school, post-graduate studies, doctoral studies, clinical residency, or due to being sent to another place to work in an organized group or public call, as well as the amount of compensations for people specified in the second and third parts of this article, the procedure for paying them and providing guarantees is determined by the legislation of Turkmenistan.
Article 149. Guarantees given to an employee when acting in the public interest
During the period of the employee's actions for the public interest (elimination of the consequences of disasters, natural disasters, saving people and in other cases provided for by the legislation of Turkmenistan), his workplace (position) and average salary are preserved.
Article 150. Guarantees granted to personnel by performing their military duties
Employees who are recruited to perform their military duties are provided with the guarantees and privileges provided for in this Code and other normative legal acts of Turkmenistan.
Article 151. Inventor and Rationalizer Guarantees to Employees
1. Authors of inventions or rationalization proposals shall retain their average salary when they are dismissed from the main job of introducing the invention or rationalization proposal in that enterprise.
2. In case the invention or rationalization proposal is implemented in another enterprise, employees are kept at their permanent place of work, and their work on the introduction of the invention or rationalization proposal is paid in an amount not lower than the average wage at the permanent place of work, according to the agreement of the parties.
Article 152. Reimbursements for use of employee vehicles, wear and tear of equipment, tools and equipment
The employer has the right to use vehicles, equipment, tools and equipment belonging to the employees. The amount of compensation for their use and the order of their payment are determined by agreement with the employee.
Article 153. Guarantees when an employee is transferred to another permanent low-wage job
When an employee in need of reassignment is transferred to another permanent low-paid job on the basis of a medical report, his previous average salary is withheld for one month, and if he is transferred to another job due to work disability, occupational disease or other work-related health damage, he it is retained until it is established that the employee has lost a stable professional capacity or until the employee has fully recovered.
Article 154. Guarantees provided to the employee in case of temporary loss of working capacity
1. In case of temporary loss of working capacity, the employer pays the employee a state allowance in accordance with the legislation of Turkmenistan on temporary loss of working capacity.
2. The amount of the state allowance for temporary incapacity for work and the terms of its payment are determined by the legislation of Turkmenistan.
Article 155. Warranties and indemnities for occupational accidents and diseases
1. When an employee's health is damaged as a result of an industrial accident or occupational disease, or when the employee dies, the employee (his family) lost wages (income), as well as additional medical, life and professional health benefits related to health damage. expenses or related expenses related to the death of the employee are paid.
2. The types, amounts and terms of guarantees and compensations provided to employees are determined by this Code and other normative legal documents of Turkmenistan.
3. Compensation for lost wages and (or) additional expenses is carried out at the expense of the enterprises' own resources, and at the enterprises kept at the expense of the budget, it is paid at the expense of the budgeted expenses for their maintenance.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 156. Guarantees for Donor Employees
1. On the day of delivery of blood and its components, as well as on the day of medical supervision, the employee is dismissed from work. Employers are obliged to provide uninterrupted medical care to health care facilities on the day of medical examination and on the day of blood donation.
2. If the employee went to work on the day of delivery of blood and its components (jobs with harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions, the employee cannot go to work on that day. does not include), by agreement between the employer and the employee, at the request of the employee, he is given another day off.
3. When donating blood and its components during the annual paid leave period, when donating on a holiday or a non-working holiday or memorial day, the employee will be given another day off at the employee's option.
4. An additional day off is given to the employee after each day of donation of blood and its components. The specified day off may be included in the annual basic leave at the discretion of the employee, or may be used at any other time during the year after the date of donation of blood and blood components.
5. When blood and its components are donated free of charge, the employer withholds the employee's average salary for the days off given for donating blood.
(In the Redaction of the Laws of Turkmenistan of June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2019, No. 1, Article __) .
Article 157. Guarantees and compensation for employees sent by the employer for professional development
When an employee is sent by the employer to improve his skills under the condition of dismissal, the average salary of the previous workplace (position) and the main workplace is reserved for him. Employees who are sent to another place on leave for professional development are paid business trip expenses in the manner and amounts provided for those who are sent on business trips.
Article 158. Guarantees of employees during the period of study under the condition of separation from production
Employees who have been sent to secondary and higher vocational education institutions, post-graduate and doctoral studies, on the condition that they are dismissed by the employer, keep their previous position or are provided with a job that is not inferior to their previous position.
(In the redaction of the Law of Turkmenistan dated August 18, 2015 - Data of the Mejlis of Turkmenistan, 2015 Y. No. 3, Article 113).
Article 159. Warranties to the head of the enterprise, his deputies and the chief accountant in connection with the change of the owner of the enterprise
Upon termination of the employment contract with the head of the enterprise, his deputies and the chief accountant in connection with the change of the owner of the enterprise, the new owner of the enterprise is obliged to pay compensation in the amount of three months' average salary to the specified employees.
Chapter X. Labor regulations
Article 160. Enterprise labor regulations and internal labor regulations
1. Labor discipline is compliance with the established norms of behavior for all employees in accordance with the labor legislation of Turkmenistan, labor contract, collective agreement (agreement).
Labor regulations are provided by means of incentives for conscientious work by creating socio-economic and organizational-technical conditions necessary for proper work, and by using measures against dishonest employees.
2. In accordance with the labor legislation of Turkmenistan, the labor contract, the collective agreement (agreement), the employer is obliged to create the necessary conditions for employees to observe the labor regulations.
3. Labor order in the enterprise is determined by internal labor regulations.
The internal labor regulations of the enterprise in accordance with this Code and other normative legal acts of Turkmenistan include the procedure for hiring and dismissing employees, the main rights, obligations and responsibilities of the parties to the labor contract, work rules, vacation time, incentives and other measures applied to employees, as well as it is also a regulatory document of the enterprise that regulates other issues regulating labor relations in the enterprise.
4. Charters and regulations approved by the Cabinet of Ministers of Turkmenistan apply to individual groups of employees.
Article 161. Procedure for approval of internal labor regulations of the enterprise
1. The internal labor regulations of the enterprise are approved by the employer in accordance with the legislation of Turkmenistan in agreement with the trade union or other representative organization of the enterprise's employees.
2. The internal labor regulations of the enterprise are a supplement to the collective agreement (union).
Article 162. Incentives for performance
1. Incentives may be used for employee performance. The types of incentives, the order of their use, the provision of advantages and benefits are determined by the labor or collective agreement (agreement), charter and regulations on labor regulations in accordance with the legislation of Turkmenistan.
2. Employees may be nominated for state awards for special labor services rendered to society and the state.
3. Wages, including additional payments, bonuses, bonuses and other payments provided for by the system of remuneration for labor, are not included in the types of incentives.
4. Incentive measures are not applied to the employee during the period of validity of the disciplinary regulation.
Article 163. Work incentives
1. Labor incentives include:
1) to give thanks;
2) awarding a temporary award;
3) reward with expensive gifts;
4) to award a letter of honor.
Other incentive measures may also be considered through collective bargaining.
2. Information on benefits and incentives is entered in the labor book.
Article 164. Penalties for labor violations
1. The following disciplinary measures are applied for violation of labor regulations:
1) warning;
2) later;
3) hard rope;
4) transfer to a low-paid job or a low-level position for up to three months;
5) Dismissal.
2. Laws of Turkmenistan, charters, regulations and other rules and regulations for individual groups of employees may be considered.
3. Disciplinary action against a civil servant or a person equivalent to him for committing a violation of the law related to corruption or creating the conditions for corruption shall be applied in accordance with the procedure established by this Code.
4. When applying disciplinary measures, the seriousness of the employee's actions, the circumstances in which they were committed, the employee's behavior in the period before that action, and his attitude to work should be taken into account. The employer has the right to apply the necessary disciplinary measures listed in the first part of this article for the violation of labor regulations, depending on the severity of the committed act.
5. It is not allowed to use rules and regulations that are not provided for in the legislation of Turkmenistan on labor, charters, regulations.
(In the Redaction of the Laws of Turkmenistan dated May 3, 2014 and November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 2, Article 76, No. 4, Article 151).
Article 165. Authorities authorized to apply regulations
1. The rule is applied by the body or person authorized to recruit (select, confirm and appoint) this employee.
2. In accordance with the legislation of Turkmenistan, the charter, and the regulations on regulations, disciplinary sanctions may be issued to the employees who are subject to disciplinary responsibility by the above authorities of the institution specified in the first part of this article.
3. Employees holding elective positions may be dismissed only by the decision of the body that elected them and only on the basis provided by the legislation of Turkmenistan.
Article 166. Procedure for applying the rules
1. A written explanation must be requested from the employee before using the policy. An employee's refusal to write a written explanation cannot be a bar to use the same as his previous performance.
The employee's refusal to write a written explanation is formalized in a letter by presenting the witnesses who participated in it.
2. Only one rule may be used per action.
3. Without taking into account the time of the employee's illness or the time he was on work leave, the results of the investigation, the audit of the financial and economic activity, no later than one month after the direct violation of the regulations, but not later than six months have passed since it was committed. or according to the results of the auditor's audit, it is issued no later than two years from the date of its implementation. These deadlines do not include the time of criminal proceedings.
4. The order on disciplinary action must be signed and notified to the employee within three working days, indicating the reasons for the decision.
An employee who has not been notified of a disciplinary action order or decision is considered to be out of disciplinary action.
The order on the violation of the regulations is formalized with a letter by presenting the witnesses who participated in it to the employee who refused to get acquainted with the decision. In such a case, the employee is considered to have been introduced by an order or decision on the use of disciplinary action.
(In the Redaction of the Laws of Turkmenistan of November 8, 2014 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2016, No. 2, Article 101) .
Article 167. Discharge of Discipline
1. If an employee is not given a new disciplinary certificate within a year after the disciplinary certificate has been used, he is considered to have no disciplinary certificate. In this case, the entire order is removed automatically without a decision.
2. The employer who used the statutory term, if he did not renew the term and presented himself as a reliable employee, within one year, his own initiative, the employee's request, the proposal of the trade union organization or the labor group, as well as the direct employee. has the right to remove the limit at the request of the manager.
Article 168. Disciplinary prosecution of the head of the enterprise, his deputies at the request of the trade union or other representative organization of employees.
1. The employer, within the scope of his authority, shall consider the application of the trade union or other representative body of the employees in case of violation of the terms of this Code and other normative legal acts of Turkmenistan, collective agreement, agreement by the head of the enterprise, his deputies, and the consequences thereof. must notify the union or other representative body of the employees.
2. If the facts about violations of the rules are confirmed, the employer is obliged to issue a disciplinary order to the head of the enterprise, his deputies, up to the point of dismissal from their positions.
Article 169. Features of disciplinary responsibility of individual groups of employees working in work with special nature of labor
The specifics of the disciplinary responsibility of individual groups of employees working in jobs with a special nature of labor are determined in accordance with the procedure established by the legislation of Turkmenistan. (In the edition of the Law of Turkmenistan dated June 22, 2013 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45).
Article 170. Complaints against regulations
1. An appeal may be made against a regulation in accordance with the procedure established by this Code and other legal acts of Turkmenistan.
2. The institution considering labor disputes is obliged to take into account the seriousness of the committed act, the circumstances of its implementation, the employee's previous position, his attitude to labor, as well as the compliance of the seriousness of the committed act with the rules and regulations.
3. When considering that the disciplinary measure does not correspond to the gravity of the committed act, the labor dispute authority cancels the order to apply the disciplinary measure.
Chapter XI. Labor protection
Article 171. Labor protection and working conditions
1. Labor protection - this includes legal, socio-economic, organizational-technical, sanitary-sanitary, treatment-preventive, rehabilitation and other measures, means and methods aimed at ensuring safe working conditions, and the life and health of employees during labor. it is a system that ensures health security.
2. Working conditions - this is the totality of the industrial environment and labor conditions that affect the life or health and ability of the employee during work.
(In the Redaction of the Laws of Turkmenistan of November 8, 2014 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151; 2018, No. 2, Article 48) .
Article 172. The main directions of the state policy in the field of labor protection
1. The main directions of the state policy in terms of labor protection are as follows:
1) to ensure priority areas of protection of life and health of employees;
2) to adopt and implement the laws of Turkmenistan on labor protection and other normative legal acts, as well as appropriate programs to improve the conditions of labor and its protection;
3) from state management of labor protection;
4) state control inspection and control of compliance with labor protection requirements;
5) authorization of dangerous activities, certification of products (works, services) for industrial purposes;
6) to assist the institutions of trade unions on social control for the observance of the rights and legal interests of employees in the field of labor protection;
7) investigation and reporting of industrial accidents and occupational diseases;
8) to protect the rights and legal interests of employees, as well as their family members, who were injured due to industrial accidents and occupational diseases;
9) from prescribing compensations for work with harmful and (or) dangerous (especially harmful and or especially dangerous) working conditions;
10) coordination of labor protection work, environmental protection work and other types of economic and social work;
11) dissemination of advanced national and foreign business practices on improving labor conditions and their protection;
12) in the field of labor protection, organizing it scientifically, introducing new techniques and technologies, encouraging rationalization and inventiveness;
13) participation of the state in financing labor protection measures;
14) training and professional development of labor protection specialists;
15) organizing a state statistical report on labor conditions, as well as on industrial injuries, occupational diseases and their financial consequences;
16) to develop a unified labor protection information system and ensure its operation;
17) international cooperation on labor protection;
18) implementation of an effective state tax policy that encourages safe labor conditions, development and introduction of technical safety and technology, and the establishment of private and public defense equipment production by employees;
19) establishing the procedure for providing employees with private and collective protection means, as well as sanitary-living facilities and equipment, treatment-prevention means at the expense of employers.
2. Implementation of the main directions of the state policy in the field of labor protection is provided by the coordinated actions of state power and local self-government bodies, employers and their associations, as well as trade unions and other authorized employees of representative bodies on labor protection issues.
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014, June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2016 , No. 2, Article 101; 2018, No. 2, Article 48).
Article 173. The employee's right to work that meets safety and hygiene requirements
Every employee has the following rights: 1) to a workplace protected from industrial injury, occupational disease or impairment of working capacity, which may occur within the limits of protection from the influence of harmful or dangerous production factors;
2) about labor conditions and their protection at the workplace, about dangerous situations that can harm health, as well as about measures to protect life or health from the influence of dangerous or industrial factors, from the employer, relevant state institutions and public associations to obtain complete and accurate information;
3) if there is a threat to the life or health of the employee or other people, then as a result of the violation of labor protection requirements, to refuse to perform work until such a threat is eliminated, except for the cases provided for by the legislation of Turkmenistan;
4) provision of private and collective protection means at the expense of the employer in accordance with labor protection requirements;
5) to teach (training) safe methods and types of work at the expense of the employer;
6) to carry out re-professional training at the employer's expense in case of termination of employment as a result of violation of labor protection requirements;
7) to issue a request for inspection of labor conditions and protection at his workplace by the state inspection and control bodies of the observance of the labor legislation of Turkmenistan, by the employees who carry out the state inspection of labor conditions, as well as by the institutions of the trade unions;
8) to address state authorities and local self-government bodies, employers' and employers' associations, as well as trade unions and other authorized employees of representative bodies on labor protection issues;
9) to participate in the investigation of issues related to the provision of safe working conditions of the employee at the workplace due to an industrial accident or occupational disease that occurred to him or through his representatives;
10) while undergoing medical supervision (examination), while retaining his workplace (position) and average salary, to out-of-hours medical supervision (examination) in accordance with medical recommendations;
11) if he is engaged in harmful and (or) dangerous (especially harmful and or especially dangerous work conditions), compensations and other payments established by the legislation of Turkmenistan, labor and collective agreement (agreement).
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014, June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2016 , No. 2, Article 101; 2018, No. 2, Article 48).
Article 174. State guarantees of workers' protection rights in terms of labor protection
1. The state guarantees the protection of the rights of employees in terms of labor protection.
2. The state ensures the organization of labor protection work, carries out state monitoring and control over compliance with labor protection requirements, assigns responsibility for violations of the labor legislation of Turkmenistan.
3. Working conditions of employees must comply with labor protection requirements.
4. As a result of violation of the requirements of labor protection, temporary suspension of work by the state monitoring and control bodies of the observance of the labor legislation of Turkmenistan, if it is not due to the fault of the employee, his workplace (position) and average salary are kept.
5. If the employee refuses to perform the work assigned to him in the event of a direct threat to the life or health of the employee and those around him; if the necessary personal protective equipment that directly ensures labor safety is not provided; when work is stopped and prohibited by the state bodies of inspection and control, until the violation is eliminated or a new job is created, the employee is given another job that is suitable for his profession or with his consent, which is not lower than the average salary in his previous job, for a period of up to one month, other work should be given. If necessary, the employer is obliged to train the employee at his own expense during the training period for a new job (profession) by paying him an average salary.
6. If it is not possible to assign another job to the employee for objective reasons, until the danger to the life and health of the employee is removed, his time off from work is paid by the employer in accordance with this Code and other normative legal acts of Turkmenistan.
7. If the employee is not provided with private and public protection means in accordance with the established norms, the employer has no right to demand from the employee to perform his labor duties and is obliged to pay for the time of absence from work in accordance with this Code.
8. Refusal to perform work when there is a danger to the life and health of the employee as a result of violation of labor protection requirements, or work with harmful and (or) dangerous (particularly harmful and (or) particularly dangerous) working conditions not provided for in the labor contract. the employee's refusal to comply does not result in disciplinary action.
9. In case of damage (damage) to an employee's life or health while performing labor duties, compensation for the damage (damage) caused to him is carried out in accordance with the legislation of Turkmenistan.
10. In the event that the health condition of the employee deteriorates due to working conditions, in the event that he loses his ability to work due to an accident at work or an occupational disease, the employer employee, upon his consent, in accordance with the medical report, by work or at his own expense, the employee's new job (profession) ) is obliged to ensure that he studies in order to receive it, he must maintain an average salary during the retraining period, and, if necessary, he must take into account the restoration of his health and ability to work.
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014, June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2016 , No. 2, Article 101; 2018, No. 2, Article 48).
Article 175. Compulsory insurance against industrial accidents and occupational diseases
In accordance with the legislation of Turkmenistan, a group of employees working in more dangerous industrial conditions is subject to mandatory personal insurance by the employer against accidents at work and occupational diseases.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, Part No. 4.1, Article 151).
Article 176. Right to compensation in terms of employment
1. Professional pension, additional salary, paid breaks according to labor conditions, reduced working days, additional leave, medical benefits for employees working in harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions. are entitled to free provision of rations, milk or equivalent food, carbonated salt water (for those working in hot fields), tea, personal protective equipment and hygiene products, as well as other compensation.
2. To the compensation specified in the first part of this article (occupational pension, paid breaks according to working conditions, medical-preventive food, milk or other food products of the same level, carbonated salt water, tea, personal protection and hygiene products free of charge The list of jobs, professions and positions with harmful and dangerous (especially harmful and especially dangerous) working conditions is jointly developed by relevant ministries and departmental management bodies and organizations of trade unions as a result of professional tests of workplaces in enterprises. It is approved by the ministries and departmental management bodies in agreement with the specially authorized agency specified in paragraph 1 of Article 404 of the Code.
The list of occupations, professions and positions (including those in the past period) with harmful and dangerous (especially harmful and especially dangerous) working conditions that give the right to occupational pension (indicating the years of retirement age) is determined by the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 177. The employee's right to receive labor protection information
When an employee enters into a labor contract or is transferred to another job, the employer must inform the employer about the conditions of labor, including the risk of occupational disease and other diseases, benefits and compensations due to this, as well as the availability of personal protective equipment. The employer is also obliged to inform employees or representative bodies of employees about the state of labor protection in specific workplaces and industries.
Article 178. Obligations of the employer to ensure labor protection
1. Obligations to ensure labor protection in the enterprise are imposed on the employer.
2. The employer is obliged to provide:
1) safety of employees when using houses, buildings, machines, mechanisms, equipment, technological processes, as well as when using tools, raw materials and materials in production;
2) employee use of private and public protection means;
3) that each workplace has working conditions that meet the relevant labor protection requirements;
4) the rules of work and rest of employees in accordance with the legislation of Turkmenistan;
5) prescribed for employees working at their own expense in harmful and (or) dangerous (especially harmful and (or) especially dangerous) work conditions, as well as work related to pollution or performed in special temperature conditions. procurement and provision of special clothing, special footwear and other personal protective equipment, detergents, disinfectants, and disinfectants in accordance with regulations;
6) teaching safe methods and methods of performing work on labor protection and providing first aid in case of industrial accidents, demonstration on labor protection, on-the-job training and labor protection requirements, knowledge examination on safe methods and methods of performing work;
7) not to employ people who have not passed labor protection education and training, have received training and have not passed the knowledge test on labor protection requirements;
8) control over the condition of working conditions in workplaces, as well as the proper use of private and public protective equipment by employees;
9) conduct professional testing of workplaces to ensure compliance with labor protection rules and regulations;
10) mandatory preliminary (in case of employment) and periodical (during employment) medical supervision (examination) at the expense of own funds in the cases provided for by this Code, the laws of Turkmenistan and other regulatory legal documents, emergency medical supervision at the request of employees (examination) to the organization, while the above-mentioned medical examination (examination) is carried out;
11) not to allow employees who have not passed the mandatory medical examination (examination) on the list of professions established by the legislation of Turkmenistan, as well as in cases where they are medically incompatible, to perform their labor duties;
12) to inform employees about labor protection and working conditions at workplaces, health hazards and related compensations and private and public protection means;
13) provision of documents and information necessary for the implementation of their powers to the bodies of the executive power in the field of labor protection, the state monitoring and control bodies of the observance of the labor legislation of Turkmenistan, as well as trade unions and other representative bodies of employees;
14) adoption of measures to prevent accidents in order to protect the life and health of employees, including providing first aid to accident victims;
15) to investigate, record and analyze industrial accidents and occupational diseases in accordance with the procedure established by this Code and other normative legal acts of Turkmenistan, and in the event of his death - to examine the certified copy of the accident certificate to the deceased's family (employee), legal representative to issue no later than three days after completion;
16) providing sanitary-life and therapeutic-preventive services to employees in accordance with labor protection requirements;
17) the unimpeded release of officials of the executive power, state supervision and control, public control agencies in the field of labor protection to conduct inspections and investigations;
18) state control over the observance of the labor legislation of Turkmenistan and the execution of the instructions of the officials of the control bodies and the consideration of the instructions of the public control bodies in the manner prescribed by this Code;
19) familiarization of employees with the necessary documents on labor safety and hygiene at the workplace;
20) development and approval of manuals on labor protection for employees, taking into account the opinion of the trade union or other authorized organization of employees;
21) adoption of all scientifically based and practical measures to reduce physical and psychological fatigue of employees;
22) prohibiting employees from performing operations considered to be unavoidably dangerous;
23) timely reporting of industrial accidents and accidents to relevant authorities;
24) in accordance with the specifics of the enterprise's work, the existence of the normative legal acts of Turkmenistan that meet the requirements of labor protection and familiarization of employees with them.
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014, June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151, 2016 , No. 2, Article 101; 2018, No. 2, Article 48).
Article 179. Labor protection requirements
1. All enterprises must create working conditions that meet the requirements of safety and hygiene. It is the responsibility of the employer to create such conditions.
2. Labor protection requirements are determined by this Code and other normative legal documents of Turkmenistan, as well as technical standards.
3. The employer is responsible for violation of labor protection requirements in accordance with the procedure established by the legislation of Turkmenistan.
Article 180. State regulation of labor protection requirements
1. State regulatory requirements for labor protection aimed at preserving the life and health of employees during work are established by rules, regulations and criteria.
2. Labor protection requirements are mandatory for legal entities and individuals when performing any type of work, including the design, construction (renovation) and use of facilities, installation of machines, tools and other equipment, development of technological works, production and labor organization. .
3. Certificate of compliance with labor protection works (safety certificate) - this is a document confirming that the labor protection works carried out at the enterprise meet the regulatory requirements of labor protection established by the state.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 181. Public administration of labor protection
1. The state management of labor protection includes the requirements for the implementation of the main directions of the state policy in the field of labor protection, the development of legislation and other normative legal acts in the field of labor protection, as well as the requirements for production equipment, technologies and labor organization that guarantee healthy and safe working conditions for employees.
2. State management of labor protection is carried out in accordance with the Regulations approved by the President of Turkmenistan.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 182. Institutions of the executive power in the field of labor protection
1. The bodies of the executive power in the field of labor protection are considered to be the General State Service "Turkmenstandartary" (hereinafter - "Turkmenstandartary") and other state institutions carrying out work in the field of labor protection.
2. "Turkmenstandartary" within its powers:
1) provides integrated state management of labor protection, coordinates interagency work on labor protection;
2) establishes the development of state programs on labor protection and monitors their implementation;
3) specifies the necessary requirements of standards, rules and regulations based on scientific principles to ensure labor safety in enterprises. Regulatory legislation must ensure the right to protect the life and health of employees at a level not inferior to the guarantees provided for in this Code;
4) carries out state inspection and control on labor protection and conducts state inspection of labor conditions;
5) investigates industrial accidents and accidents in the prescribed manner;
6) resolves other issues determined by the legislation of Turkmenistan and this Code.
Decisions of "Turkmenstandart" in the field of labor protection are mandatory for all ministries, departmental management institutions and enterprises.
3. In the field of labor protection, executive authorities have the right to:
1) to visit the enterprise at any time without hindrance, to obtain the necessary information from ministries, departmental administrations and enterprises;
2) to issue mandatory orders to the heads of enterprises and other officials;
3) to suspend (prohibit) the use of enterprises, individual industries, factories, precincts, workplaces and equipment in case of violation of labor protection requirements;
4) to impose fines on managers, officials, and employees of enterprises for violation of labor protection legislation and other normative legal acts, to introduce a proposal to dismiss the specified persons from their positions, and, if necessary, to provide materials to prosecutor's offices.
4. The employer provides all the necessary conditions for the representatives of the executive authorities in the field of labor protection to perform the duties assigned to them.
5. In accordance with the legislation of Turkmenistan, the authorized persons appointed by the bodies of the executive power in the field of labor protection are responsible for exceeding the scope of their authority and using unreasonable measures.
(In the Redaction of the Laws of Turkmenistan of November 8, 2014 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151; 2018, No. 2, Article 48) .
Article 183. Powers of ministries, departmental management bodies and other bodies of the executive power in relation to labor protection
Ministries, departmental management bodies and other bodies of the executive power in relation to labor protection:
1) implement the main directions of state policy in the field of labor protection;
2) develop standards, regulations, manuals and other regulatory documents, carry out technical analysis of construction projects and renovation of objects, new technological processes and equipment in accordance with labor protection requirements;
3) organize training of management employees and specialists of enterprises according to the rules and regulations of labor protection in the prescribed manner;
4) carry out internal control of the labor protection situation;
5) exercise other powers provided for by the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 9, 2018 - Data of the Mejlis of Turkmenistan, 2018, No. 2, Article 48).
Article 184. Powers of the state government and local self-government bodies in the field of labor protection
Local and local self-government bodies of state power ensure the implementation of state policy in the field of labor protection in provinces, districts and cities, as well as councils.
(In the edition of the Law of Turkmenistan dated June 9, 2018 - Data of the Mejlis of Turkmenistan, 2018, No. 2, Article 48).
Article 185. Labor protection service at the enterprise
1. In order to ensure compliance with labor protection requirements in every enterprise with more than 50 employees carrying out production work, a labor protection agency is established in the enterprise in order to monitor their implementation, or the relevant training or work experience in labor protection in this regard. The position of the specialist (engineer) is entered. The labor protection service is equal to the main production services of the enterprise in terms of its level and is subordinated to the head of the enterprise. Employees of the Labor Protection Service are prohibited from assigning tasks that are not specific to them.
2. The organization and procedure of the work of the labor protection service is determined by the partial regulation on the labor protection service at the enterprise, which is approved by the specially authorized agency specified in paragraph 1 of article 404 of this Code, in agreement with "Turkmenstandartary" and the National Center of Trade Unions of Turkmenistan.
The duties (jobs) of the labor protection specialist (engineer) are agreed with the "Turkmenstandartary" and the National Center of Trade Unions of Turkmenistan and approved by the specially authorized agency specified in clause 1 of Article 404 of this Code. determined by a partial task indicator.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 186. Labor advocacy groups
1. Labor protection groups are created in enterprises at the initiative of the employer, as well as at the initiative of the employees or trade union and (or) other representative organization of employees. They include representatives of employers, trade unions or other representative organizations of employees on an equal basis. A partial regulation on labor protection groups is developed and approved by the "Turkmenstandartary" service.
2. The labor protection team is responsible for ensuring the requirements of labor protection, the joint work of the employer and employees to prevent industrial injuries and occupational diseases, as well as conducting inspections of labor protection and working conditions at workplaces and notifying employees of the results of said inspections, collective agreement ( of the agreement) sets out to collect proposals for the section on labor protection.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 187. Medical supervision
1. The employer is obliged to organize preliminary (at the conclusion of the employment contract) and periodic (during the work) medical examination of the employees at his own expense. This includes the following:
1) under eighteen years of age;
2) men who have reached the age of sixty-two, women who have reached the age of fifty-seven;
3) people with disabilities;
4) those who work in jobs with poor working conditions, night jobs, as well as jobs related to traffic;
5) those working in healthcare and pharmaceutical industry, food industry, trade and other sectors that directly serve the population;
6) teachers and other employees of general education schools and pre-school institutions and other institutions directly engaged in teaching and educating children;
7) Other employees in accordance with the legislation of Turkmenistan.
2. The order of preliminary and periodical medical inspection and the list of such jobs shall be determined by the legislation of Turkmenistan.
3. The employees specified in the first part of this article do not have the right to refuse to undergo medical supervision. The employer has the right not to employ employees who refuse to undergo medical supervision or who refuse to carry out the recommendations given by medical teams based on the results of examinations.
4. It is not allowed to use the labor of employees in jobs with indicators of poor health.
5. The employee has the right to:
1) if the employee believes that his health condition is deteriorating due to working conditions, to request an out-of-hours medical examination;
2) to receive information about the results of his health condition during preliminary and periodical medical check-ups during employment.
6. Employees do not pay the expenses related to the medical examination provided for in this article.
7. For the groups of employees specified in the first part of this article, the annual mandatory medical check-up is carried out during working hours with the maintenance of the average salary.
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151; 2019, No. 1, Article __) .
Article 188. Provision of personal protective equipment to employees
1. Employees working in harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions, as well as in jobs related to pollution or performed in special temperature conditions, in accordance with the rules approved in accordance with the procedure established by the legislation of Turkmenistan certified personal protective equipment, detergents, and disinfectants are provided.
Personal and collective protection means of employees are defined as technical and other means used to prevent or reduce the impact of harmful and (or) dangerous industrial conditions on employees, as well as protection against pollution.
2. Acquisition, storage, washing, cleaning, repair, disinfection and disinfection of personal protective equipment of employees is carried out at the expense of the employer.
The employer is obliged to ensure the storage, washing, drying, neutralization, degassing, deactivation and repair of the special clothing, special shoes and other personal protective equipment provided to the employees according to the established norms.
3. It is not allowed to give money to the employees to buy them instead of special clothes and shoes, as well as to buy materials for their production.
In special cases, when special clothes and shoes are not provided in time and as a result they are acquired by the employees, the employer is obliged to compensate them for the expenses incurred for the acquisition of such clothes and shoes.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 189. Provide staff with milk, remedial food, carbonated salt water, tea, personal protective equipment and hygiene products.
Employees working in jobs with harmful and (or) dangerous (particularly harmful and (or) particularly dangerous) working conditions are provided with the following free of charge in accordance with the established norms:
1) with milk or other food products of the same level;
2) with a therapeutic-preventive diet;
3) carbonated salt water (for people working in hot fields), with tea;
4) with personal protective and hygiene measures.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 190. Sanitary-life and curative-preventive service to employees
1. It is incumbent on the employer to provide sanitary-life and curative-preventive service to employees of enterprises in accordance with labor protection requirements. For these purposes, sanitary-living rooms, dining rooms, rooms for providing medical care, rooms for rest during work and for psychological relaxation are equipped in the enterprise in accordance with the established norms; sanitary points with a pharmacy are created, which consist of a set of pharmaceuticals and a set equipped to provide first aid; devices are installed to provide carbonated salt water and others to workers in hot fields and precincts.
2. Employees who have suffered accidents in production and occupational diseases, as well as those who have medical indications, are taken to medical facilities or their place of residence by means of transport of the enterprise or at the expense of the enterprise.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 191. Additional measures to protect the labor of people with disabilities
1. The employer is obliged to employ persons with disabilities sent by the local employment agency in the order of employment at the expense of the prescribed amount.
2. It is mandatory for the employer to comply with the HMAT's advice on part-time working hours, reducing the workload of people with disabilities and other conditions.
3. Recruiting disabled people to night work, overtime work, and weekend work is permitted only with their consent, provided that such work is not prohibited by medical reports.
(In the edition of the Law of Turkmenistan dated March 2, 2019 - Data of the Mejlis of Turkmenistan, 2019, No. 1, Article ___).
Article 192. Obligations of the employee in terms of labor protection
In terms of labor protection, the employee must:
1) to comply with the requirements established by the labor protection laws and other normative legal documents of Turkmenistan, as well as the rules and manuals on labor protection;
2) to comply with the requirements of relevant manuals, rules and other normative legal acts of Turkmenistan on labor protection, safe use of machines, equipment and other means of production, as well as to comply with the rules of conduct within the enterprise, production, auxiliary and social institutions;
3) to comply with labor protection rules and obligations stipulated in the collective agreement (agreement) and the internal labor regulations of the enterprise;
4) the proper use of private and public protective equipment, and immediate notification of their absence;
5) to study safety methods and types in labor protection work, to provide first aid in industrial accidents, to conduct labor protection demonstrations, training at the workplace, and testing of knowledge of labor protection requirements;
6) in accordance with Article 187 of this Code, to undergo mandatory preliminary and periodical medical examination (examination) at the time of employment;
7) to create healthy and safe working conditions and to cooperate with the employer in providing such work, to immediately inform his supervisor about the accident that happened in the production, as well as about the situations that are dangerous for him or the people around him. to give
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 193. Conducting labor protection notice and reading its rules
1. The employer is tasked with training employees on technical safety, industrial sanitation, fire protection and other labor protection regulations, as well as carrying out constant monitoring of employees' compliance with all labor protection requirements.
2. The employer is obliged to check the labor protection rules and their knowledge of the employees.
3. It is forbidden to employ people who have not passed the training, training and whose knowledge of labor protection has not been checked.
Article 194. Education and professional training in labor protection
1. All employees of the enterprise, including its manager, are obliged to undergo labor protection training and an examination of knowledge of labor protection requirements.
2. The employer or the person authorized by him is obliged to organize labor protection training, training of safe methods and types of work, and first aid to victims of accidents for all employees, as well as all other employees.
3. The employer must ensure that persons entering work with harmful and (or) dangerous working conditions use safe methods and types in performing work, undergo training and pass tests at the workplace, as well as conduct regular training of labor protection and knowledge of labor protection requirements during work. provides verification.
4. The state promotes the organization of labor protection training in educational schools of Turkmenistan, which provides for compulsory study of the "Labor protection" course as an independent subject or an independent part of the corresponding subject.
5. The state provides professional training of labor protection specialists in secondary vocational and higher educational institutions.
(In the redaction of the Law of Turkmenistan dated August 18, 2015 - Data of the Mejlis of Turkmenistan, 2015 Y. No. 3, Article 113).
Article 195. A shift to work that eliminates the effects of factors of production that are lighter or less favorable to health
1. The employer is obliged to temporarily or indefinitely assign employees who need to be given work that eliminates the effects of less or unfavorable production factors due to their health condition, with their consent, according to the medical report.
2. In the event of a transfer to a low-wage job that excludes the effects of lighter or less favorable factors of production due to health conditions, the employees are kept at the previous average salary for two weeks from the day of the transfer.
3. Temporary low-wage transfer due to work-related disability or health injury shall pay the difference between the employee's previous average salary and the current salary in the new job. Such difference is paid to the employee until his work capacity is restored or until his disability is established.
4. In accordance with the legislation of Turkmenistan, the preservation of the previous average wage may be considered in other cases when the employee is transferred to a low-paid job that eliminates the influence of lighter or unfavorable production factors.
Article 196. The employee's right to refuse to perform work that endangers his life and health
The employee immediately informs the employer about situations that threaten his life or health during the work process. In case such situations are confirmed by the institutions that carry out monitoring and control of labor protection compliance, the employer takes measures to eliminate them. If the necessary measures are not taken, the employee has the right to refuse to perform the relevant work until the conditions threatening the employee's life or health are corrected. The employee is entitled to his average salary during that period.
Article 197. Providing first aid to employees and transporting them to medical and preventive facilities
1. The employer is obliged to take measures aimed at providing first medical aid to sick employees at the workplace.
2. Transportation of sick employees at the place of work (service) to treatment and prevention institutions is carried out at the expense of the employer.
Article 198. Compliance of production facilities and products (works, services) with labor protection requirements
1. Reconstruction projects of construction and industrial facilities, as well as machines, mechanisms and other production equipment, technological processes must meet the requirements of labor protection standards, rules and regulations.
2. Construction, reconstruction, technical re-equipment, production and introduction of new equipment, and introduction of new technologies are prohibited without the conclusion of the state expert committee on labor conditions that the projects specified in part 1 of this article meet the requirements of labor protection.
3. New or newly renovated industrial facilities cannot be put into use without a state control inspection and a report of the inspection bodies regarding compliance with labor protection requirements.
4. It is forbidden to use harmful or dangerous substances, materials, products (works, services) in production, which have not been evaluated toxicologically (sanitary-sanitary, medical-biological), and which have not been developed and developed metrological control methods and means.
5. When new or previously unused harmful or dangerous substances are used in the enterprise, before the employer starts using these substances, to develop measures to protect the life and health of employees and to agree with the relevant authorities of the state inspection and control on compliance with labor protection requirements. must
6. Machines, mechanisms and other production equipment, means of transport, technological processes, materials and chemicals, personal and public protective equipment of employees, including those manufactured abroad, must comply with labor protection requirements and have certificates of conformity.
Article 199. Funding of labor protection measures
1. Funding of labor protection measures at the enterprise is carried out at the expense of its own resources, at the expense of the State budget of Turkmenistan and extra-budgetary funds.
2. The amount of funds provided for labor protection is determined by a collective agreement (agreement) based on the provision of more complete safe and healthy living conditions.
(In the edition of the Law of Turkmenistan dated June 22, 2013 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45).
Article 200. Investigating and recording industrial accidents
1. The employer shall:
1) to carry out timely analysis and registration of industrial accidents;
2) to give the certificate of the accident to the victim's family (employee members), legal representative, in the event of his death, no later than three days after the end of the investigation.
2. Investigating and registering industrial accidents is carried out in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan.
(In the edition of the Law of Turkmenistan of November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, Part No. 4.1, Article 151)
Article 201. Addressing conflicts regarding the investigation, formalization and recording of industrial accidents
Controversy regarding the investigation, formalization and registration of accidents in production, non-recognition of the accident by the employer (his authorized representative), refusal to conduct the investigation of the accident and make the appropriate name, and the accident victim or his representative Disagreement with the content of that letter is considered by the relevant bodies of the executive power in the field of labor protection, the trade union, whose decisions can be appealed to the court. In such cases, an appeal by the employer (his authorized representative) cannot be a basis for non-compliance with the decisions of these institutions.
(In the edition of the Law of Turkmenistan dated June 9, 2018 - Data of the Mejlis of Turkmenistan, 2018, No. 2, Article 48).
Article 202. Inspection and monitoring of labor protection status
1. State supervision and control over the state of labor protection is carried out by authorized state bodies specified in Article 182 of this Code.
2. Unions and other representative bodies of employees carry out social control over compliance with labor protection rules and regulations.
Article 203. Liability of officials and other persons, as well as employees, for violation of labor protection legislation of Turkmenistan
Officials and other persons guilty of violating the labor protection legislation of Turkmenistan, as well as employees, are subject to financial, disciplinary, administrative and criminal liability in accordance with the procedure established by the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 204. Responsibility of design and construction organizations for the development of production equipment and technology projects in violation of labor protection requirements
Due to violations of labor protection rules and regulations, design and construction organizations are obliged to fully pay the expenses for correcting these violations and their consequences due to the development of projects of production equipment and technologies.
Article 205. Liability of enterprises for the production and distribution of industrial products that do not meet labor protection requirements
1. Enterprises that produce and ship products for industrial purposes that do not meet labor protection requirements shall compensate consumers for damage (injury) in accordance with the procedure and conditions determined by the legislation of Turkmenistan.
2. Producing, promoting and selling industrial products that do not meet the established requirements of labor protection standards, rules and regulations, including products purchased outside the territory of Turkmenistan, are considered illegal. Profits received by enterprises as a result of such work shall be transferred to the State budget of Turkmenistan in accordance with the established procedure.
Chapter XII. Financial responsibility of the parties to the employment contract
Chapter 1. General rules
Article 206. The obligation of the party to the labor contract to compensate for the damage (damage).
1. The party to the labor contract (employer or employee) shall compensate the other party for the damage (injuries) caused to the other party in the performance of labor duties in accordance with the provisions established by this Code and other normative legal acts of Turkmenistan.
2. The financial responsibility of the parties to the labor contract can be determined by the collective agreement (agreement). In this case, the contractual liability of the employer to the employee shall not be lower than that stipulated in this Code, and the liability of the employee to the employer shall not be higher.
3. Termination of labor relations after damage (damage) does not exempt the party to the labor contract from financial responsibility provided for in this Code and other normative legal acts of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 207. The conditions under which the party to the labor contract is liable for damages
1. Unless otherwise stipulated in this Code and other normative legal acts of Turkmenistan, the financial responsibility of the party to the labor contract for the damage (damage) caused by him to the other party of the labor contract is due to his illegal behavior (act or inaction). It also arises for damages (damages) caused by the connection between the offender's wrongful conduct and the damages (damages).
2. The employer bears financial responsibility to the employee for the damage caused:
1) as a result of illegal deprivation of labor;
2) when the employee's property is damaged;
3) when an employee's life or health is harmed.
3. The employee is financially liable to the employer for the damage (damage) caused by the loss or damage to the employer's property or the need to incur additional expenses related to this.
(In the edition of the Law of Turkmenistan dated June 9, 2018 - Data of the Mejlis of Turkmenistan, 2018, No. 2, Article 48).
Chapter 2. Financial liability of the employer to the employee
Article 208. Compensation for damages to the employee
Damage (harm) caused to the employee in connection with the performance of his labor duties or as a result of his illegal deprivation of the opportunity to work, in case of the employee's death related to work, any damage (including moral damage) caused to the persons specified in Article 216 of this Code. unless otherwise provided for in this Code, the employer shall be fully compensated.
Article 209. Types of damages
Compensation for damage caused by an accident consists of:
1) payment of monthly (lifetime) salary or a corresponding part of it, depending on the degree of professional incapacity due to labor injury;
2) from reimbursement of additional expenses related to receiving necessary medical care according to the results of HMAT;
3) payment of temporary allowance in specified cases.
(In the edition of the Law of Turkmenistan dated June 22, 2013 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45).
Article 210. The employer's obligation to compensate the employee for the material damage caused by unlawfully depriving him of the opportunity to work
In all cases where the employer has illegally deprived the employee of the opportunity to work, he is obliged to pay the unpaid wages. Such liability is, in particular, if wages are not received in the following circumstances:
1) as a result of illegal layoff of the employee, his dismissal or transfer to another job;
2) as a result of the employer's refusal or failure to comply with the decision of the labor dispute resolution agency, the trade union organization's legal department or the court to restore the employee to his previous job;
3) as a result of the employer delaying the delivery of the labor record to the employee, as a result of the introduction of an incorrect definition of the employee's dismissal in the labor record, which does not comply with the legislation of Turkmenistan;
4) Occurs in other cases provided for by the legislation of Turkmenistan and the collective agreement.
Article 211. The employer's obligation to compensate for damage to the employee's health
1. The employer is obliged to compensate the employee with a disability, occupational disease, or health damage (damage) caused by the performance of duties related to his labor duties, unless the employer proves that the damage (damage) was not caused by his own fault.
2. The employer is financially responsible for the damage (damage) to the employee's health caused by occupational injury on the employer's territory and outside the employer's territory, as well as on the way to and from work in the vehicle provided by the employer.
3. For damage (damage) caused to an employee's health from a highly dangerous source during the performance of his labor duties, if he cannot prove that such damage (damage) was caused by an unavoidable force or the intentional occurrence of such damage (damage) by the victim, the damage ( ) is liable to pay.
4. If the damage (damage) was not caused by a highly dangerous source, then the employer is exempted from liability if he proves that the damage (damage) was not caused by his own fault.
5. Compensation for the damage (injury) caused to the employee's health by the fault of third parties (physical and legal entities) while performing his labor duties shall be paid by the employer in the form of final refund to the guilty person in accordance with the procedure provided by the legislation of Turkmenistan.
(In the Redaction of the Laws of Turkmenistan of June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 100; 2019, No. 1, Article __) .
Article 212. Evidence of the employer's fault and responsibility for the damage (damage).
1. If the labor injury occurred as a result of failure to provide healthy and safe working conditions (non-observance of labor protection rules, industrial sanitation, ecological safety, etc.), it is considered to be the fault of the employer.
2. The following can serve as evidence of the employer's responsibility and guilt for the damage:
1) certificate of industrial accident (occupational disease);
2) court verdict, decision, decision of the prosecutor, investigative or preliminary investigation agency;
3) report on the causes of health damage by specially authorized bodies of the state inspection and control;
4) a decision to issue administrative or disciplinary sanctions to guilty officials;
5) medical report on occupational disease;
6) other documents, as well as witness statements.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 213. Amount of compensable damage (damage) related to damage to the employee's health
1. Compensation for damage (damage) consists of monthly (lifetime) payment with interest on the average monthly salary of the period before the injury, as well as compensation for additional expenses caused by damage to health.
2. The degree of loss of work capacity and the victim's need for additional forms of assistance are determined by the HMAT.
The procedure for determining the degree of loss of work capacity as a result of an injury at work is determined by the legislation of Turkmenistan.
3. When determining the amount of compensation for damages caused to the victim, the state allowance or pension, salary, scholarship received by him for disability related to work injury is taken into account.
4. When determining the amount of compensation for damage (injury) during the term of the forced labor pension, the amount of the previously established state allowance or pension for disability is taken into account, taking into account its increase in accordance with the decrees of the President of Turkmenistan.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 214. The amount of damages (damages) in case of labor injury recovery
1. The average salary in case of recovery of labor injury is calculated for the relevant periods of the first or repeated labor injury at the request of the victim.
2. If labor injuries occurred while working for an employer, the amount of compensation for damage (damage) is calculated based on the total percentage of the loss of work capacity based on the sum of the first and re-injured injuries.
3. If labor injuries occurred at different employers, determining the amount of compensation for damages (damages) is carried out by each employer separately, based on the percentage of the loss of working capacity due to the relevant labor injury.
Article 215. Financial liability of the employer for damage (damage) to the employee's property
1. The employer who caused damage to the employee's property shall pay the full amount of the damage. The amount of damage (flood) is calculated according to the prevailing market prices at the time of payment of the damage (flood) after deducting the depreciation of this property.
2. The damage (damage) can be paid in real form when the employee agrees.
3. The employee's application for compensation of damages is sent to the employer. The employer is obliged to consider the received application and make an appropriate decision within ten days from the date of its receipt. The employee has the right to appeal to the court if he is not satisfied with the employer's decision or if he does not receive an answer within the specified time.
Article 216. The employer's obligation to compensate for the damage (damage) related to the death of the employee
1. In case of death of an employee due to an occupational injury, occupational disease or other health damage related to the performance of labor duties, the employer shall pay to disabled members of the family and dependents of the deceased, as well as ten dependents of the deceased. under the age of eight or until the date of his death, to persons entitled to receive maintenance from him, after his death, to the child born of the deceased, as well as to a parent, spouse or other member of the family if he is not working, and to children - he is obliged to pay damages if he takes care of the brothers, sisters or nephews of the deceased under the age of eight.
2. Incapacitated family members and dependents of the deceased who are entitled to compensation for damages related to the deceased's death are considered to be the following:
1) children under eighteen years of age or older (including adopted sons, daughters, stepchildren), brothers, sisters and grandchildren, if they were a person with a disability before the age of eighteen, then brothers, sisters and children - if they do not have working parents, stepchildren - if they do not receive guardianship rights from their parents;
2) parents (including those who adopt a son or daughter), wife, husband, if they have reached the retirement age: men - 62 years, women - 57 years, or if they are disabled and receive pension or state benefits. if they don't;
3) regardless of age or capacity, one of the parents or spouse or grandparents, parents, brother or sister, if he or she is the deceased's children, brothers or sisters under the age of eight. or if he is busy looking after his children and does not work;
4) those who have reached retirement age without dependents by law: men - 62 years old, women - 57 years old, and paternal and maternal grandparents who have no other means of living;
The time of onset of the family member's incapacity for work (before or after the death of the deceased) does not affect his right to compensation for damages.
3. Compensation money for damages caused by the death of a supervisor to students in primary, secondary and higher professional education institutions, as well as in general education institutions specified in clause 1 of the second part of this article, until they complete the specified educational institutions, but twenty payable under conditions of not more than four years.
(In the editorial office of the Laws of Turkmenistan dated January 1, 2010, November 8, 2014, June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2010, No. 1 , Article 6, 2014, No. 4, Article 151, 2016, No. 2, Article 101; 2019, No. 1, Article __).
Article 217. Amount of compensatory damages due to the death of the applicant
1. To the members of the family who are unable to work and to the people who are dependents of the deceased spouse and who are entitled to compensation for the damages (damages) related to his death, the damages (damages) to him and to the able-bodied persons who are dependent on him who are not entitled to compensation (damages) is determined by the average salary of the deceased.
To determine the amount of compensation for each person entitled to compensation, a part of the employee's salary that belongs to all the specified people is divided by their number.
2. For disabled persons who are not dependent on the victim, but have the right to compensation for damages, its amount is determined by the court's decision.
3. If both dependents of the deceased and non-dependants have the right to compensation for damages, then first the amount of compensation for damages is determined for the non-dependants of the deceased. The amount of compensation for the damage (damage) set for them is deducted from the employee's salary, then based on the remaining amount of salary, the amount of compensation for the damage (damage) is determined for the people who are dependent on the deceased in accordance with the procedure provided for in the first and second parts of this article.
4. Persons who are entitled to compensation for the loss of their employer are entitled to compensation for the loss of their employer.
(In the Redaction of the Laws of Turkmenistan dated November 8, 2014 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 218. Amount of lump sum allowance
1. In the event of the death of an employee as a result of an accident or occupational disease, the enterprise pays a one-time benefit amounting to ten times the annual wages of the deceased to the family (employees) of the deceased.
2. Lump-sum allowance is not taxable.
Article 219. The order and terms of compensation of damage (damage) by the employer in connection with damage to the health of the employee or his death
The Cabinet of Ministers of Turkmenistan shall determine the order and terms of compensation by the employer for damage to the employee's health or death related to the performance of labor duties.
Article 220. Procedure for consideration of cases on compensation of damage (damage) caused to the employee
1. An application for compensation of damages is submitted to the employer by the injured employee, and in the event of the employee's death, by his family (employee) or his legal representative.
2. The employer is obliged to consider the application and make an appropriate decision within ten days from the date of its receipt.
The decision is formalized by the order of the employer by specifying the surnames of the persons, specifying the compensation for damage, its amount for each member of the family and the terms of payments.
3. A copy of the order on compensation of damages to the employee or a certified written refusal of the employer shall be delivered to the employee or interested persons within three days from the date of its acceptance.
If the employee or interested parties do not agree with the employer's decision, or if they do not receive an answer within the specified time, they can apply to the court for resolution of the dispute.
4. An employee who was injured at work while working abroad or the family members of a deceased employee file a claim for compensation of damages to the employer who sent the employee abroad or accepted to work abroad.
Article 221. Payment of damages for the elderly and disabled during their stay in nursing homes.
1. In the case of placement in a home-boarding home for the elderly and people with disabilities, the amount of compensation for damage (damage) is transferred by the employer to the settlement account of the home-boarding house (this does not include the amounts related to disabled persons).
2. Compensation for damages (damages) to the disabled persons of the specified persons is carried out by the employer in the following order: for one disabled person - one fourth, for two - one third, for three and more than the specified amount of compensation for damages (damages). half of The rest of the compensation amount is transferred to the settlement account of the boarding house.
3. At least 25 percent of the specified amount of compensation for damage (flood) is paid to the person appointed to compensate the damage (flood) in the boarding house.
4. The difference between the amount of compensation for damage (damage) assigned to them and the value added by the state to the victim's minor dependents, which is fully included by the state, at least 25 percent of the amount of money assigned for compensation of damage (damage) is transferred by the institution holding it to their personal bank accounts. .
5. The employer pays the cost of maintaining a person appointed to compensate for damage (damage) to the boarding house for the elderly and people with disabilities.
(In the edition of the Law of Turkmenistan dated March 2, 2019 - Data of the Mejlis of Turkmenistan, 2019, No. 1, Article ___).
Article 222. Payment of monetary compensation for damage (damage) while the recipient is serving a sentence of imprisonment
During the period of serving the punishment in the form of imprisonment according to the judgment of the court, the amount of money related to the payment of compensation for damage (damage) is transferred to a special account of the recipient's bank and is paid to the people who are attached to it in accordance with the shares of the amount of money.
Article 223. Compensation for damages in the event of liquidation, reorganization or change of ownership of the enterprise, or when the employer-individual ceases to work.
1. Obligatory right to compensation for damages (damages) related to an employee's occupational injury, occupational disease, as well as other damage to his health or his death in cases of reorganization of the enterprise or change of owner. pulls the trigger.
2. Upon liquidation of an enterprise, including a foreign enterprise, the employer of this enterprise must be compensated for damages (damages) related to occupational injury, occupational disease, as well as other damage to the employee's health or death related to the performance of his labor duties. must make all payments due to eligible persons at the same time.
The amount of compensation for damages due to labor injury, occupational disease or other damage to health is calculated for the period until the person reaches the age of the average life expectancy according to the information of the State Statistics Committee of Turkmenistan.
The calculation of the amount of compensation to be paid to persons entitled to compensation for damages related to the death of an employee is carried out for the period of such entitlement.
3. In the event that the enterprise will be liquidated, restructured, or the owner will be replaced by the employer-individual, the employer will report an occupational injury, occupational disease, as well as any other damage to the employee's health related to the performance of the employee's work duties or an interruption. is obliged to notify in writing within two weeks the persons entitled to compensation for the damage (damage) related to the release. The employer also informs by whom the specified payments will be made.
4. Compensation payment for damage (damage) related to labor injury, occupational disease, as well as other damage to the employee's health or death related to the performance of his/her labor duties during termination of employment by the employer - natural person. in accordance with the second part, it is carried out by the employer - a natural person.
5. During the absence of the employer, the compensation of the damage (damage) is primarily carried out in accordance with the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 224. Payment of the amount of compensation for damage (damage) not received in time
1. Compensation for damage (damage) not received in time by the injured party or persons entitled to compensation for damage (damage) is carried out without any time limit for the period of payment of the monetary amount.
2. Amounts of compensation for damages not received by the date of the recipient's death are paid to the deceased's family members or people living with him and dependent on him.
3. Amounts of compensation for damage (damage) not received in time due to the fault of the employer responsible for the damage (damage) are paid for the period that has passed without any time limit.
Amounts of compensation for damage (damage) due to the fault of the employer, which are not paid on time, are subject to indexation in connection with changes in the amount of wages established by the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan of November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 225. Mixed liability of the parties to the labor contract in the event of damage to the employee's health
1. If the victim's gross negligence caused or increased the damage (damage), then the amount of compensation is reduced depending on the degree of the victim's fault.
2. In the case of gross negligence of the employee and when the employer is not at fault, when his liability is incurred despite his fault, the amount of compensation is reduced accordingly. It is not allowed to refuse compensation for damages. In case of gross negligence of the employee, the decision of the employer to determine the level of his fault can be appealed to the court.
3. Mixed liability is not used for temporary relocation, for additional forms of compensation for damage (damage), payment of temporary allowance, as well as compensation for damage (damage) related to the death of the contributor.
Chapter 3. Financial responsibility of the employee
Article 226. Conditions for holding employees financially accountable
1. An employee may be subject to financial liability if the following conditions are met at the same time:
1) when the employer is injured during the performance of labor duties;
2) when the employee's behavior (action or inaction) violates the law;
3) when there is a direct causal connection between the employee's illegal behavior and the damage caused to the employer;
4) when the employee is at fault for causing the damage;
2. When determining the amount of damage (damage), only the direct actual damage (damage) is taken into account, without taking into account the unearned income. Direct actual damage (damage) is defined as the actual reduction of the employer's cash property (including the property of third parties owned by the employer if the employer is responsible for the maintenance of this property) or the deterioration of the condition of said property, as well as the need to pay expenses for the employer or Also includes overpayments for acquisition or recovery of property.
3. The behavior (action or inaction) of an employee who does not fulfill or (does not fulfill) the labor duties imposed on the employee by this Code, labor and collective agreement (relationship) is considered against the law.
4. The onus is on the employer to prove damage and other conditions of financial responsibility.
5. Based on this Code, employees who bear full financial responsibility are obliged to prove that they are not at fault for the damage.
6. The employer is obliged to create the necessary conditions for the employees to work properly and to ensure that the property (valuables) entrusted to him are kept in good condition.
Article 227. Financial liability of the employee for damage (damage) caused to the employer
1. The employee is obliged to compensate the direct actual damage (damage) caused to the employer. Unearned income (for a shower benefit) is not subject to employee withdrawal.
2. The employee is financially responsible for the actual damage (damage) caused directly to the employer, as well as for the damage (damage) caused to the employer as a result of paying damages (damage) to other people.
Article 228. Circumstances that exclude the financial responsibility of the employee
Financial liability of the employee is excluded in cases of force majeure, normal economic risk, financial necessity and failure to fulfill the employer's obligations to provide the necessary defense or proper conditions for keeping the property entrusted to the employee.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 229. Employer's right to refuse to recover damages from an employee
1. The employer has the right to completely or partially refuse to pay the guilty employee, taking into account the specific circumstances at the time of the damage.
2. If this is stipulated in the collective agreement, the specified solution can be adopted in state-owned enterprises, in which case compensation for damage (damage) is carried out at the expense of the profit remaining at the disposal of the enterprise.
Article 230. Full financial responsibility of the employee
1. The full financial responsibility of the employee consists of the obligation to pay the full amount of the damage (injury).
2. Financial responsibility for the damage caused can be imposed on the employee in full only in the cases provided for in Article 231 of this Code.
Article 231. Cases of full financial responsibility of employees
1. The full financial responsibility of the damage (damage) is imposed on the employee in the following cases:
1) if in accordance with this Code or other normative legal acts of Turkmenistan, the employee is fully financially responsible for the damage caused to the employer during the performance of his labor duties;
2) when the values entrusted to him on the basis of a special written agreement or received by him according to a one-time document are lacking;
3) when intentional damage is done;
4) in case of damage (damage) as a result of criminal actions, determined by the court verdict;
5) in case of damage (damage) as a result of violation of administrative law, if this is prescribed by the relevant state authority;
6) in the cases provided for by the legislation of Turkmenistan, when information constituting a service, commercial or other secret protected by the law of Turkmenistan is disclosed;
7) damage (damage) caused when the employee did not fulfill his labor duties;
8) in case of injury (injury) while intoxicated, intoxicated or intoxicated.
2. Employees under the age of eighteen bear full financial responsibility in the cases provided for in clauses 3-5 and 8 of the first part of this article.
3. Full financial responsibility for the damage (damage) caused to the employer can be determined by the labor contract concluded with the head of the enterprise, deputy heads, chief (senior) accountant.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 232. Written agreements on full personal liability
1. Written agreements on full personal financial responsibility with employees (who have reached the age of eighteen) who hold positions or perform tasks directly related to the storage, processing, sale (disposal), transportation or use during production of the values assigned to them. can be closed.
2. Officials who are guilty of illegal dismissal or transfer of a materially responsible employee who violated the duties specified in the first part of this article shall be liable in accordance with the procedure established by the legislation of Turkmenistan.
3. The list of such positions or activities, as well as the type of partial agreement on full private financial responsibility, is determined by the Cabinet of Ministers of Turkmenistan.
4. It is not allowed to enter into a written agreement on full personal financial responsibility with those who have been terminated because the crime was committed with criminal tendencies, if the crime of termination of employment has not been removed by itself or by the court in accordance with the procedure established by the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 22, 2013 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45).
Article 233. Collective financial responsibility for damage
1. The responsibility of each employee for the damage (damage) caused when individual types of work related to storage, processing, sale (disposal), transportation, use in the production process or other kind of use are performed by employees together. When it is not possible to make a contract with the family and pay for the damage (damage) in full, collective financial responsibility can be imposed.
2. A written agreement on collective (brigade) financial responsibility for damage (damage) is concluded between the employer and all members of the collective (brigade).
3. The list of works that may be subject to collective (brigade) financial responsibility, as well as the form of a partial agreement on collective (brigade) financial responsibility is approved by the Cabinet of Ministers of Turkmenistan.
4. In the case of voluntary compensation for damages, the degree of guilt of each member of the public (brigade) is determined by agreement between all members of the public (brigade) and the employer. The degree of guilt of each member of the public (brigade) when paying damages is determined by the court.
Article 234. It is the duty of the employer to determine the amount of damage (damage) and to determine the cause of its occurrence
1. Before making a decision on the payment of damages to specific employees, the employer is obliged to conduct an investigation to determine the extent of the damage and determine the reasons for its occurrence. The employer has the right to establish a working group with the participation of representatives of trade unions or other representative organizations of employees and relevant experts to conduct such an investigation.
2. It is necessary to request a written explanation from the employee to determine the reasons for the damage. The employee's refusal to provide an explanation cannot serve as an obstacle to holding the employer financially responsible for the damage caused.
3. The employee and (or) his representative have the right to get acquainted with all the materials of the investigation and appeal them in the manner prescribed by this Code.
(In the edition of the Law of Turkmenistan dated November 8, 2014 - Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 151).
Article 235. Determining the amount of damage (damage) caused to the enterprise
1. The amount of damage (flood) caused to the enterprise is determined based on the actual losses based on the data of the accounting records, taking into account the market prices, deducting the amounts that have been deducted from the calculation. In case of theft, loss, intentional destruction or intentional damage of material values, damage (damage) is determined according to the rules established by the legislation of Turkmenistan.
2. The amount of damage (damage) caused by theft or shortage of products and goods in commercial and public catering enterprises is determined by the prices established for selling (replacement) of these products and goods.
3. A special procedure for determining the actual amount of damage (damage) caused to the enterprise due to the theft, loss or loss of certain types of property and other values, including the amount exceeding their initial amount, may be determined by the legislation of Turkmenistan.
4. The amount of compensable damage (damage) caused by the fault of several employees is determined for each of them, taking into account the type and scope of the financial responsibility incurred by the specific degree of fault of each of them.
Article 236. Procedure for payment of damages
1. Payment of damages to employees in an amount not exceeding the average salary is carried out by the order of the employer, and by the managers of the enterprises and their deputies, by the order of the institution higher in the order of subordination, by deducting the salary from the employee.
2. The order of the employer or the higher authority must be published no later than two weeks from the day of discovery of the damage (damage) caused by the employee and must be implemented after seven days from the day of notification to the employee. If the employee is not satisfied with the arrest or its amount, the labor dispute is considered according to the procedure established by the legislation of Turkmenistan upon his application.
3. In other cases, payment of damages is carried out by the employer by submitting a claim to the court.
Article 237. Limits on employee financial liability
1. Financial responsibility for damage (damage) caused to the enterprise during the performance of labor duties is imposed on the employee and should not exceed the full amount of the damage (damage) caused, if the damage (damage) was caused by his fault, the cases provided for by the legislation of Turkmenistan apply to this. it is not.
2. When determining the amount of damage (damage), only direct actual damage (damage) is taken into account.
3. It is not allowed to impose responsibility on the employee for damage (damage) related to the level of normal production-economic risk (experimental production, introduction of new technologies, etc.).
Article 238. Cases of limited financial liability of employees
The following have limited financial liability in accordance with the legislation of Turkmenistan:
1) employees - for damage or destruction of materials, semi-finished products, products, including during their preparation - in the amount of damage (damage) caused by their fault, but it should not exceed their average salary. Employees are financially responsible for the accidental damage or destruction of tools, equipment, special clothing and other things provided to the employee by the enterprise;
2) heads of enterprises and their deputies, as well as heads of units in enterprises and their deputies - in case of damage to the enterprise, overpayments, improper registration and storage of material or monetary values, idleness, release of poor quality products, material or and if necessary measures were taken to prevent the theft, destruction or damage of monetary values, the amount of the damage (damage) caused by their fault, but it should not exceed his average salary.
(In the Redaction of the Laws of Turkmenistan of June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101; 2019, No. 1, Article ___) .
Article 239. Right to appeal against a decision to pay damages
The decision to pay damages to the employer's property can be appealed to the court.
Article 240. Record specific circumstances when an employee is charged with financial responsibility
1. The court may reduce the amount of damages to be paid, taking into account the degree of guilt, specific circumstances and financial situation of the official.
2. It is not allowed to reduce the amount of damages to be paid if the damage (damage) was caused by a crime committed for the purpose of violence.
Chapter XIII. Features of labor regulation of individual groups of employees
Chapter 1. Features of regulating the labor of women and other persons with family responsibilities
Article 241. Safeguards for pregnant women and women with children upon hiring and termination of employment
1. It is prohibited to refuse to hire women and to reduce their wages due to the reasons related to pregnancy or having children under three years of age (disabled children under eighteen years of age).
Heads of enterprises and their deputies, as well as heads of structural units and their deputies are liable in accordance with the legislation of Turkmenistan for refusing to hire the specified persons.
2. When the employer refuses to hire the specified groups of women, the employer is obliged to inform them in writing of the reasons for the refusal. An appeal may be made to the court in case of refusal of employment.
3. It is not allowed to terminate the labor contract with pregnant women and women with children under three years of age (disabled children under eighteen years of age) at the initiative of the employer, when the enterprise is terminated or the employer-individual stops working, the property of the owner is stolen. , the cases of persistent violation of labor regulations, as well as the cases terminated by the expiration of the labor contract, including the cases specified in the fourth, fifth and sixth parts of this article, do not apply.
4. When a fixed-term labor contract expires during a woman's pregnancy, the employer is obliged to extend the term of the labor contract until the end of the pregnancy, upon her written application and a medical certificate confirming her pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged to provide a medical certificate confirming the status of her pregnancy at the employer's request, but once every three months. If the woman actually continues to work after the termination of the pregnancy, the employer has the right to terminate the employment contract with her in connection with the completion of the pregnancy or the termination of the employment contract within one week from the date of termination of the pregnancy.
5. If the employment contract is concluded for the period of the employee's performance of duties, and with the written consent of the woman, until the end of the pregnancy, she is transferred to another job available at the employer (both to a vacant position or a job in the relevant profession of the woman, and to a vacant position or a low salary). paid work), if it is not possible to transfer the woman to work that she can perform, taking into account her health condition, it is allowed to dismiss the woman during her pregnancy due to the expiration of the employment contract. In this case, the employer is obliged to offer him available vacancies that meet all the specified requirements. If this is stipulated in the labor contract, the collective agreement (agreement), the employer is obliged to offer vacancies in other places.
6. If a woman with whom a labor contract is signed to perform the duties of a temporarily absent employee has completed her pregnancy and childbirth leave before the expiration of the labor contract, her dismissal is allowed upon the expiration of the labor contract, but before the woman's pregnancy and childbirth leave is completed. can't happen before.
(On June 22, 2013, June 18, 2016, August 26, 2017 and March 2, 2019 - in the editorial office of the Laws of Turkmenistan - Data of the Mejlis of Turkmenistan, 2013, no. 2, Article 45, 2016, No. 2, Article 101; 2017, No. 3, Article 112; 2019, No. 1, Article __).
Article 242. Jobs where women's labor is prohibited
1. It is prohibited to engage pregnant women in night work, overtime work, on holidays, holidays and memorial days, as well as on business trips.
2. Women's lifting and carrying of weights that exceed the limits approved by the specially authorized agency specified in clause 1 of Article 404 of this Code, in agreement with "Turkmenstandartary" and the Ministry of Healthcare and Medical Industry of Turkmenistan. is prohibited.
(In the Redaction of the Laws of Turkmenistan dated June 22, 2013, August 18, 2015 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2015 No. 3, Article 113, 2016, No. 2, Article 101).
Article 243. Features of labor regulations for women and other persons with family responsibilities
The first part of Turkmenistan 02.03.2019. Recognized as invalid under Law No. 128-VI.
2. Women with children under the age of three (disabled children under the age of eighteen) may not be assigned to work at night, overtime, on holidays, non-working holidays and memorial days, and may not be sent on business trips without their written consent.
3. Women with children from three to fourteen years of age (children with disabilities up to eighteen years of age) may not be assigned to overtime work or sent on business trips without their written consent.
4. The women referred to in the second and third parts of this article must be informed in writing of their right to refuse to engage in these types of work.
5. If employees caring for sick family members need to be considered on the basis of a medical report, the employer does not have the right to engage them in night work, overtime work, as well as send them on business trips and work on a time basis.
(In the Redaction of the Laws of Turkmenistan dated June 22, 2013, November 8, 2014, June 18, 2016 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2013, No. 2 , Article 45, 2014, No. 4, Article 151, 2016, No. 2, Article 100; 2019, No. 1, Article ___).
Article 244. Shortened working day for pregnant women working in agriculture
Pregnant women working in field conditions are assigned a six-hour working day, while maintaining the average wage.
Article 245. Transferring women to other, lighter jobs
1. According to a medical report, pregnant women are reduced to work performance standards, service standards, or they are transferred to a lighter job and a job that eliminates the influence of unfavorable production factors while keeping the average salary of their previous job.
2. In accordance with the medical report, until the issue of giving a pregnant woman a job that eliminates the influence of other, lighter and unfavorable production factors, she shall be dismissed from work with the average wage at the expense of the enterprise for all the working days she missed as a result.
3. Women with children under the age of one and a half years are transferred to another lighter job, which eliminates the influence of unfavorable production factors, while keeping the average salary of their previous job until the child reaches one and a half years old.
(In the edition of the Law of Turkmenistan dated March 2, 2019 - Data of the Mejlis of Turkmenistan, 2019, No. 1, Article ___).
Article 246. An extra day off
1. One additional day off per month is granted to one of the parents or substitute person raising a child with a disability up to the age of eighteen years (regardless of the number of such children in the workplace) with payment equal to the daily wage.
2. The employer has the right to sum up the days specified in the first part of this article during the working year upon the written application of one of the parents or his/her substitute.
(In the Redaction of the Laws of Turkmenistan of June 18, 2016, June 9, 2018 and March 2, 2019 - Data of the Mejlis of Turkmenistan, 2016 y., No. 2, Article 101; 2018 y. , No. 2, Article 48; 2019, No. 1, Article ___).
Article 247. Child feeding breaks
1. In addition to the general break for rest and food, women with children up to one and a half years old are given additional breaks for feeding the child.
2. These breaks of not less than thirty minutes each shall be given every three hours. If there are two or more children under one and a half years of age, the duration of the break is at least one hour.
3. Meal breaks are included in working hours and are paid at the average wage.
4. The duration of breaks and the order of giving them are determined by the employer together with the trade union or other representative body of the employees, taking into account the mother's request.
Article 248. Serving women in industries where women's labor is widespread
In enterprises where women's labor is widely used, nurseries and gardens, rooms for nursing children, as well as women's personal hygiene rooms are built.
Article 249. Guarantees and benefits for people raising orphaned children
Guarantees and benefits for women related to motherhood (restriction of night and overtime work, restriction of work on holidays, non-working holidays and memorial days, and restriction of business trips, granting of unpaid leave, establishment of preferential labor rules and Other guarantees and benefits established by the legislation of Turkmenistan) for fathers who raise children without a mother (when she dies, when she is deprived of parental rights, when she is in a medical institution for a long time, and in other cases where there is no maternal care for children), as well as for guardians (guardians) of minors. belongs to
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Chapter 2. Features of regulating the labor of employees under the age of eighteen
Article 250. Labor rights of employees under the age of eighteen
Employees under the age of 18 are equal to the rights of adults in labor legal relations, and enjoy benefits established by this Code and other normative legal acts of Turkmenistan in terms of labor protection, working hours, permits and some other conditions of labor.
Article 251. Medical supervision of employees under eighteen years of age
1. All persons under the age of eighteen are admitted to work only after a preliminary medical examination, and from then on they are subject to mandatory medical examination every year until they reach the age of eighteen.
2. Annual compulsory medical examination of underage workers is carried out during working hours withholding of average wages.
Article 252. Employment Guarantees for Persons Under Eighteen Years of Age
1. The employer is obliged to employ persons under the age of eighteen sent by the local employment agency (service) and other agencies at the expense of the amount specified in the employment order.
2. Refusal to hire at the expense of the fixed amount is prohibited and may be appealed to the court.
3. The specifics of employment of persons under the age of eighteen are determined by this Code, normative legal documents of Turkmenistan, collective agreement (agreement).
Article 253. Employment of persons under the age of eighteen is prohibited
1. In jobs with harmful and (or) dangerous (especially harmful and (or) especially dangerous) labor conditions, as well as in jobs whose performance can harm their health and moral development (gambling business, alcoholic beverages, tobacco products) , production, transportation and trade of narcotic, poisonous and other substances) is not allowed to employ the labor of people under the age of eighteen.
The list of jobs, professions and positions with harmful and dangerous (especially harmful and especially dangerous) working conditions, where the labor of people under the age of eighteen is not allowed, in agreement with "Turkmenstandartary" and the Ministry of Healthcare and Medical Industry of Turkmenistan, Article 404-1 of this Code is approved by the specially authorized agency specified in paragraph no.
2. By agreement with the "Turkmenstandartary" and the Ministry of Healthcare and Medical Industry of Turkmenistan, by the specially authorized agency specified in paragraph 1 of Article 404 of this Code, the weight exceeding the approved limits shall be allowed to be carried by persons under the age of eighteen years and older. it is not allowed to be postponed.
(In the Redaction of the Laws of Turkmenistan dated June 22, 2013, November 8, 2014, August 18, 2015 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2013, No. 2 , Article 45, Article 4 of 2014, Article 151, Article 3 of 2015, Article 113; Article 2 of 2018, Article 48).
Article 254. Remuneration of workers under eighteen years of age for reduced daily work hours
1. Workers under the age of 18 in the reduced duration of daily work are paid in the same amount as employees in the groups corresponding to the full duration of daily work.
2. The labor of employees under eighteen years of age engaged in contractual work shall be paid at the contractual prices established for adult employees with an additional fee in the tariff amount for the time when the duration of their daily work is shortened compared to the duration of the daily work of older employees.
3. Remuneration for the labor of students of general education institutions, students of primary and secondary vocational education institutions, students of vocational training courses working during their free time is carried out on the basis of time worked or performance.
4. Enterprises may assign additional wages to students at their own expense.
(In the Redaction of the Laws of Turkmenistan dated August 18, 2015, June 18, 2016, August 26, 2017 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2015, No. 3, Article 113, 2016 Law No. 2, Article 101; 2017 Law No. 3, Article 112; 2018 Law No. 2, Article 48).
Article 255. Prohibition of engaging employees under the age of eighteen in night work and overtime work
It is prohibited to engage employees under the age of eighteen to work at night and overtime, and to work on holidays, non-working holidays and memorial days, as well as sending them on business trips.
(In the edition of the Law of Turkmenistan of June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 100).
Article 256. Performance standards for young workers
1. Standards of work performance for workers under eighteen years of age shall be determined on the basis of standards of work performance for older workers, in proportion to working hours of reduced duration.
2. For young workers who have completed general education institutions, primary and secondary vocational education institutions, vocational training and entered the enterprise, as well as those who have passed vocational training in the industry, reduced work productivity is approved in the cases and in the amounts and for the periods determined by the legislation of Turkmenistan. These amounts are approved by the employer in agreement with the trade union body of the enterprise or other representative body of the employees.
(In the Redaction of the Laws of Turkmenistan dated August 18, 2015, June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2015 Y. No. 3, Article 113, 2016 Y. No. 2, Article 101; 2018, No. 2, Article 48).
Article 257. Limiting the dismissal of employees under the age of eighteen
In addition to following the general dismissal procedure, dismissal of employees under the age of eighteen is allowed only with the consent of the trade union organization and the juvenile affairs committee at the initiative of the employer. In this case, it is not allowed to dismiss the employee without employment on the grounds specified in clauses 1-3 of the first part of Article 42 of this Code.
Article 258. Termination of labor contracts with employees under the age of eighteen at the request of their parents and other persons
If the continuation of the contract endangers the health of minors or violates their legal interests, the labor contract with employees under the age of eighteen shall be concluded by their parents or their substitutes, as well as guardianship and guardianship institutions, as well as the Labor Department of Turkmenistan. may be canceled at the request of other agencies charged with monitoring compliance with the law.
(In the edition of the Law of Turkmenistan dated June 9, 2018 - Data of the Mejlis of Turkmenistan, 2018, No. 2, Article 48).
Chapter 3. Features of labor regulation of the head of the enterprise and members of the executive body of the enterprise
Article 259. General rules
1. The head of the enterprise - a natural person manages the enterprise in accordance with the law or the founding documents of the enterprise, including performing the functions of its independent executive body.
2. The provisions of this article apply to the managers of enterprises, regardless of their organizational-legal forms and the type of ownership, except for the following:
1) when the head of the enterprise is the sole participant (founder), member, owner of its property;
2) if the management of the enterprise is carried out under a contract with another enterprise (enterprise manager) or a private entrepreneur (manager).
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 260. Legal basis for regulating the labor of the head of the enterprise
1. The rights and obligations of the head of the enterprise in the field of labor relations are determined by this Code, other normative legal acts of Turkmenistan, founding documents of the enterprise, labor contract.
2. It is forbidden for the head of the enterprise to perform paid work in coordination with the main work, except for teaching, research and creative work.
3. The head of the enterprise may not be a part of the institutions that carry out the functions of inspection and control of that enterprise.
Article 261. To conclude an employment contract with the head of the enterprise
1. The labor contract with the head of the enterprise is concluded for a period determined by the founding documents of the enterprise and by agreement of the parties, but it should not be longer than that specified in this Code.
2. By means of the laws of Turkmenistan, other normative legal documents or founding documents of the enterprise, the operations of the previously concluded labor contract with the head of the enterprise can be specified (competition, selection or appointment, etc.).
Article 262. Financial liability of the enterprise manager
1. The manager of the enterprise bears financial responsibility for the actual direct damage (damage) caused to the enterprise.
2. In the cases provided for by the legislation of Turkmenistan, the head of the enterprise shall pay the damage (damage) caused by his guilty actions to the enterprise. Determining the damage (damage) is carried out in accordance with the legislation of Turkmenistan.
Article 263. Additional grounds for terminating the employment contract with the head of the enterprise
In addition to the grounds provided for in this Code and other normative legal acts of Turkmenistan, the employment contract with the head of the enterprise may be terminated in connection with the following:
1) In accordance with the bankruptcy legislation of Turkmenistan, the manager of the debtor enterprise is removed from his position;
2) by the adoption of a reasoned decision on early termination of the labor contract by the authorized body of the legal entity or the owner of the enterprise's property or the authorized person (institution) of the owner of the enterprise's property;
3) in other cases according to the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 264. Features of regulating the labor of members of the executive body of the enterprise
1. The features of labor regulation established in this chapter for the head of the enterprise in the legislation of Turkmenistan, the founding documents of the enterprise, may apply to the members of the executive body (management board, directorate) of the enterprise that concluded the labor contract.
2. Other features of labor regulation of managers of enterprises and members of executive bodies of these enterprises may be established by the laws of Turkmenistan.
Chapter 4. Features of regulating the labor of people with disabilities
Article 265. Fundamentals of the legal status of persons with disabilities
1. People with disabilities in Turkmenistan have all the social, economic, political, personal rights and freedoms established by the Constitution of Turkmenistan, this Code and other normative legal acts of Turkmenistan.
2. Discrimination against the rights of persons with disabilities is prohibited. Persons who allow violations of the law are liable according to the procedure established by the legislation of Turkmenistan.
(In the edition of the Law of Turkmenistan dated March 2, 2019 - Data of the Mejlis of Turkmenistan, 2019, No. 1, Article ___).
Article 266. Features of regulating the labor of people with disabilities
Implementation of the rights of persons with disabilities to work, employment and determining the amount of jobs for persons with disabilities, provision of conditions for education and professional training of persons with disabilities is carried out in accordance with this Code and other normative legal acts of Turkmenistan.
(In the edition of the Law of Turkmenistan dated March 2, 2019 - Data of the Mejlis of Turkmenistan, 2019, No. 1, Article ___).
Chapter 5. Features of regulating the labor of people working in coordination with the main work
Article 267. General rules on work in coordination with the main work
1. Coordinating with the main job means that the employee, apart from his main job, performs other regularly paid work at the same or another employer in his free time from the main job under the terms of the labor contract and in accordance with the internal labor regulations of the enterprise. When concluding an employment contract on coordination with the main job, it must be specified that this job is coordination with the main job.
2. In order to work in coordination with the main work, he must notify the employer at the main place of work, Article 275 of this Code does not apply to this.
3. In coordination with the main work, including for separate groups of employees (pedagogical, medical, nursing, cultural, sports, tourism employees), the specifics of the work are approved by the specially authorized agency specified in paragraph 1 of Article 404 of this Code. The conditions of work in coordination with the main work are determined by the regulation.
(In the Redaction of the Laws of Turkmenistan of June 22, 2013 and November 8, 2014 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2014, No. 4, Article 151) .
Article 268. Documents to be presented at the time of employment in coordination with the main job
An employee hired at another enterprise in coordination with the main job must show the employer his passport or other document confirming his identity. When hiring a job that requires special education in coordination with the main work, the employer shall ask the employee for a diploma or education, or other document of professional training, or their duly certified copies, harmful and (or) dangerous (especially harmful and (or) when accepting a job with particularly dangerous working conditions, he has the right to demand a certificate about the nature and conditions of work at the main workplace.
(In the Redaction of the Laws of Turkmenistan of January 1, 2010 and June 18, 2016 - Data of the Mejlis of Turkmenistan, 2010, No. 1, Article 6, 2016, No. 2, Article 101) .
Article 269. Length of working hours of people working in coordination with the main job
For persons working in coordination with the main job, the duration of working hours determined by the employer may not exceed four hours per day or a full working day on a weekend.
Article 270. Paying people who work in coordination with the main work
1. Remuneration for the labor of people working in coordination with the main work is carried out in proportion to the time worked depending on the work performance or under other conditions specified in the labor contract.
2. Regular assignments of payment of wages to people working in coordination with the main work, which are paid according to time, are carried out according to the final results for the amount of work actually performed.
(In the edition of the Law of Turkmenistan dated June 18, 2016 - Data of the Mejlis of Turkmenistan, 2016, No. 2, Article 101).
Article 271. Permission granted when processing in coordination with the primary business
People who work in coordination with their main job are granted unpaid leave at the same time as their main job leave.
Article 272. Guarantees and indemnities for persons working in coordination with the main work
Guarantees and allowances are provided to persons working in coordination with the main work only at the main place of work.
Article 273. Restrictions on work coordination with primary work
1. Unless otherwise specified in the legislation of Turkmenistan, it is not allowed to perform two leadership positions in state enterprises in the conditions of coordination with the main work, except for the positions of foremen and foremen.
2. Persons under 18 years of age, pregnant women to work in conjunction with the main work, as well as night work, if the main work is related to such conditions, harmful and (or) especially dangerous (especially harmful and or) especially dangerous they are not allowed to work in jobs with labor conditions.
3. When working in conjunction with the main business, relatives are not allowed to work together due to their direct subordination and control.
4. Restrictions on coordination with the main work for separate groups of employees may be established by the legislation of Turkmenistan.
5. A state official or civil servant does not have the right to work in coordination with the main job, except teaching, scientific and creative work.
6. In the case that the crime of dismissal has been dismissed voluntarily or by the court in accordance with the procedure established by the law of Turkmenistan, those dismissed due to the fact that the crime was committed with immoral tendencies, to work in coordination with the main job, as well as to work for separate groups of citizens by the judgment of the court. acceptance of prohibited positions or types of work is not permitted.
(In the edition of the Laws of Turkmenistan dated June 22, 2013, June 18, 2016 and June 9, 2018 - Data of the Mejlis of Turkmenistan, 2013, No. 2, Article 45, 2016 , No. 2, Article 101; 2018, No. 2, Article 48).
Article 274. Additional grounds for termination (termination) of an employment contract with a person working in coordination with the main job
An employment contract with a person working in coordination with the main job may be terminated during the hiring of the employee, who will be the main job, except for the reasons provided for in this Code and other normative legal acts of Turkmenistan.
Article 275. Activities not considered in conjunction with primary work
The following activities are not considered to be combined with the main work when workers and servants perform the following activities alongside the main work:
1) performing literary works for which copyright is paid, including editing, translating and reviewing individual works;
2) analysis of technical, patent, medical, accounting and other experts whose work is paid at one time;
3) pedagogic work for which no more than 240 hours per year are paid by the hour;
4) performing duties as a consultant physician in a health care institution with a one-time payment of no more than 12 hours per month;
5) consulting work in treatment and prevention institutions by scientific staff of scientific research institutes, teachers of higher education institutions, chief specialists of health care institutions, whose labor is paid by the hour for no more than 240 hours a year;
6) jobs of basic scientific, scientific-pedagogical and experienced staff on short-term training of employees in enterprises on a contractual basis;
7) activities of scientific workers and high-level specialists, including those who hold leadership positions in educational institutions and research institutions, in guiding candidates for scientific degrees in research institutions and higher education institutions;
8) work carried out without holding a position in the same enterprise (teachers of general, primary and secondary vocational schools perform the duties of managing offices, laboratories and departments, pedagogical work of school managers and other employees, directing the industrial training of students and students work related to and according to their experience, shift work and other work performed by health care workers outside of the salary norm of working hours);
9) jobs of teaching staff of general, primary and secondary vocational schools, employees matched to them in terms of wages, concertmasters and accompanists of musical departments (faculties) of schools for training artists and other higher educational institutions, medical staff of health care institutions, the same training activities performed in excess of the assigned educational and medical workload in an institution or health care institution, including pedagogic and organizational leadership activities in an educational institution, pre-school, out-of-school or other children's institution;
10) work on organizing and carrying out tours under the conditions of hourly or piece-rate payment, as well as work on traveling groups of tourists in the network of organizations (enterprises) providing tourism services;
11) other work performed if the employee's main job has a part-time working day and a corresponding part-time salary (exemption);
12) to perform tasks for which an additional payment in the form of interest or money is set for the salary (exemption).
It is not allowed to