Nowadays, many women face various violations of labour rights, such as unlawful dismissal related to maternity leave, non-payment of childcare benefits, or even refusal of employment. A woman who experiences violations of her labour rights can seek assistance from the human rights organization “World of Law,” which provides free legal consultations. A labour law specialist from the organization explains how women can protect their labour rights.
According to the lawyer, women are considered a vulnerable group in society, and therefore their rights may be violated more frequently than those of men. This is also confirmed by the Labour Force Survey (LFS) conducted in the Republic of Tajikistan in 2016. According to the LFS 2016, women of working age (15–75 years) make up more than half of the population of Tajikistan. However, the labour force participation rate among women is 32.6%, which is significantly lower than the global average (51.3% in 2013). This may indicate that women are in a less favorable position compared to men in terms of utilizing their employment potential.
Although there are no officially recorded statistics on discrimination against women in employment (as such data is not systematically collected), the practice of the legal consultation office of “World of Law” shows that, even when candidates have equal qualifications, employers are more likely to hire men than women. This can be explained by several factors.
First, traditional gender stereotypes in Tajik families often place the primary responsibility for childcare, elderly care, and household duties on women. These responsibilities require significant time, which may result in lateness, early departures, or absences from work.
Second, in the case of pregnancy, employers may face difficulties such as granting maternity leave, finding temporary replacements, and preserving the employee’s position. Additionally, women returning from maternity leave may fall behind in professional skills if they do not receive additional training, which can also be undesirable for employers.
According to the lawyer, due to these factors, employers may prefer male candidates during hiring. This can lead to both direct and indirect discrimination against women in employment. Article 7 of the Labour Code of the Republic of Tajikistan, “Prohibition of Discrimination in Labour Relations,” states that all citizens have equal rights to work, and discrimination in labour relations is prohibited. Any distinctions, exclusions, preferences, or refusals to hire based on sex, nationality, race, language, religion, political beliefs, social status, education, property, or other factors that violate equal opportunities in employment are not allowed.
Under this same article, a person who has experienced discrimination may file a civil claim in court and request compensation for material and moral damages caused by the employer’s unlawful actions.
The lawyer also notes that criminal liability is provided for unjustified refusal to hire or unlawful dismissal of a woman with a child under three years of age. Article 155 of the Criminal Code of the Republic of Tajikistan states that such actions are punishable by a fine or corrective labour for up to two years.
Violations of the rights of pregnant women are also common. Employers sometimes unlawfully dismiss women after they go on maternity leave without legal grounds. Chapter 16 of the Labour Code of the Republic of Tajikistan is dedicated to guarantees for women and persons with family responsibilities. In particular, Article 215 states that termination of an employment contract at the initiative of the employer is not allowed in the case of pregnant women, women with children under three years of age, or those raising a disabled child.
What can a woman do in such situations?
The lawyer recommends that if a woman is dismissed while on maternity leave or childcare leave, she has the right to apply to the court with a civil claim for reinstatement. In her claim, she may also request payment for forced absence from work, compensation for moral damages, and reimbursement of legal and related expenses.
The lawyer further emphasizes that the Criminal Code of the Republic of Tajikistan also protects workers whose labour rights are deliberately violated. The right to work is a constitutional right, and due to its importance, criminal liability is established for labour law violations.
Article 153 of the Criminal Code provides that unlawful dismissal, failure to comply with a court decision on reinstatement, or other intentional violations of labour legislation are punishable by a fine or imprisonment for up to three years.
According to the lawyer from “World of Law,” this provision is particularly important for protecting women’s rights. In cases where a woman is dismissed immediately after returning from maternity leave, it is recommended to file a complaint with the prosecutor’s office.
In addition, pregnant women are entitled to maternity benefits funded by state social insurance (Article 223 of the Labour Code). Failure by the employer to pay these benefits is punishable under criminal law.
Article 221 of the Labour Code obliges employers to adjust working conditions for pregnant women based on medical recommendations, transferring them to lighter work while maintaining average wages. If the employer fails to comply, the employee may contact the trade union, labour dispute commission, or the State Supervision Service in the field of labour, migration, and employment. She also has the right to challenge the employer’s actions in court.
Women with children under fourteen cannot be assigned to night work, overtime, or business trips without written consent. Pregnant women are also prohibited from being assigned to weekend or holiday work (Article 217 of the Labour Code).
In cases of forced overtime or other violations, women may challenge the employer’s actions through internal dispute bodies, courts, or the prosecutor’s office.
If you have faced violations of your labour rights, you can contact the public organization “World of Law” for free legal assistance and guidance.
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.
