Nowadays, more and more people begin working during their teenage years. However, due to their young age and lack of experience, many may face various difficulties and legal violations. This material explains at what age a person can start working and how the rights of employees under the age of eighteen are regulated under the labour legislation of the Republic of Tajikistan.
According to Article 21 of the Labour Code of the Republic of Tajikistan, a party to an employment contract may be a person who has reached the age of fifteen. Paragraph three of this article states that, in certain cases, an employment contract may also be concluded with citizens aged fourteen, and with those under fourteen who participate in theatrical performances, film production, concerts, circus programs, and other creative activities, provided that such work does not harm their health or moral development and does not interfere with the educational process. The conclusion of such contracts requires the consent of the father, mother, or other legal guardians in accordance with the legislation of the Republic of Tajikistan.
The specifics of employment for workers under the age of eighteen are regulated by Chapter 15 of the Labour Code. This chapter states, in particular, that persons under eighteen in employment relations are “equal in rights to other workers, and in the areas of occupational safety, working time, rest time, and other working conditions enjoy additional guarantees established by this Code and other legislative acts of the Republic of Tajikistan” (Article 207 of the Labour Code).
Under labour law, refusal to hire persons under eighteen who are referred for employment under an established quota is considered unlawful (Article 23). In addition, according to Article 28, probation periods are not applied to persons under the age of eighteen.
These provisions also apply to young specialists entering their first job within one year after graduating from secondary vocational, higher, or specialized educational institutions.
An employment contract with a person under eighteen may only be concluded after a mandatory preliminary medical examination. As stated in Article 210, workers under eighteen are also required to undergo regular medical examinations until they reach adulthood.
It is prohibited to conclude contracts of full financial liability with persons under eighteen (Article 214).
There are certain types of work in which the employment of minors is not permitted. These include heavy work, underground work, and work under harmful or dangerous conditions, as well as any work that may harm the health or moral development of persons under eighteen. It is also prohibited to assign minors to work exceeding established norms (Article 208).
If the work causes harm or damage to a minor, their parents (guardians), as well as the authorized body, may request termination of the employment contract (Article 209).
It is prohibited to involve workers under eighteen in night work, overtime work, shift-based (summarized working time) schedules, business trips, or rotational (shift) work, as well as to recall them from paid annual leave (Article 213).
For employees under eighteen, reduced working hours are established depending on age. According to Article 211, the maximum working time is:
– no more than 24 hours per week for workers aged 14 to 16;
– no more than 35 hours per week for workers aged 16 to 18;
– for students combining work with studies during the academic year: 2.5 hours per day (14–16 years old) and 3.5 hours per day (16–18 years old).
Wages are paid in proportion to reduced working hours. Article 212 states that reduced output norms may be established for workers under eighteen who begin work after graduating from educational institutions or completing vocational training. At the same time, employers may provide additional payments to ensure their wages reach the level of workers with full working hours.
If you would like to learn more about the labour rights of persons under eighteen, or if you have faced a labour law violation, you can contact the public organization “World of Law” for free legal consultation.
The legal consultation office operates on weekdays from 8:00 to 12:00 at: 137 Rudaki Avenue, Office 532. You can also contact: (+992) 935070826.
This material was prepared within the framework of the project “Promotion and Protection of Labour Rights of Vulnerable Groups,” implemented with the financial support of the Open Society Institute – Assistance Foundation in Tajikistan.
