The issue of protecting workers’ rights is currently one of the most pressing, yet not many people know how to defend their rights. In Dushanbe, the public organization “World of Law” has begun providing free legal consultations on labour issues, which are available to all interested persons. The legal advice office can be contacted if you face labour disputes, become a victim of unlawful dismissal, are not paid wages, or if women’s labour rights and other rights are violated.
In this material, we aim to explain the concept of labour relations and how it is reflected in the legislation of the Republic of Tajikistan.
Labour relations are what connect an employee with their employer. Both parties are obliged to comply with internal labour regulations, labour legislation, as well as collective and individual employment contracts.
Labour relations concern a wide range of actors: employers, officials, administrative staff, HR and legal departments, law enforcement bodies, managers, and small business representatives. Of course, they concern every employee without exception.
It should be noted that labour relations have specific methods and mechanisms for regulating social relations. Being closely connected to the country’s economy, labour relations are an integral part of production relations.
Labour relations, like employment contracts, are mutual and bilateral. They are personal in nature, based on remuneration, and linked to the performance of specific job functions by the employee.
In most cases, labour relations arise on the basis of an agreement between employer and employee. According to Article 16 of the Labour Code of the Republic of Tajikistan, an employment contract is concluded based on the following grounds: election to a position, competition-based selection, appointment or approval to a position, referral by authorized bodies within established quotas, or a court decision requiring the conclusion of an employment contract.
The contract is concluded in written form in two copies, one of which is given to the employee and the other is kept by the employer.
Termination of an employment contract, according to Article 39 of the Labour Code of the Republic of Tajikistan, may occur in the following cases: by mutual agreement of the parties, at the initiative of the employee, at the initiative of the employer, upon expiration of the term, due to circumstances beyond the control of the parties, or in connection with the employee’s transfer to a position that does not allow continuation of employment relations.
Labour legislation in the Republic of Tajikistan is based on the Constitution and consists of the Labour Code, various normative legal acts, and international legal instruments recognized by Tajikistan.
The purpose of labour legislation is to create necessary legal conditions aimed at achieving a balance of interests between the parties to labour relations, economic growth, improved production efficiency, and increased welfare of the population.
According to the Labour Code, the principles of labour legislation in the Republic of Tajikistan include:
- Freedom of labour
- Prohibition of restrictions on human and civil rights in labour relations
- Prohibition of discrimination, forced labour, and the use of women’s and minors’ labour in heavy, underground, or harmful working conditions
- Ensuring safe and hygienic working conditions
- Priority of workers’ life and health over production results
- Right to fair remuneration not lower than the minimum wage
- Right to rest
- Equality of rights and opportunities for workers
- Right of workers and employers to form associations to protect their rights and interests
- Social security guarantees for workers
- Social partnership
- State regulation of labour safety and protection
- Right of workers’ representatives to public oversight of labour law compliance
All these provisions ensure a legal foundation for every worker when entering employment. While the private sector and hired labour have their specific features, basic labour standards remain essential to ensure protection for both employees and employers.
Article 5 of the Labour Code states the freedom of labour: “Everyone has the right, without discrimination or coercion, to freely choose or agree to work, to dispose of their ability to work, and to choose a profession or occupation.”
But why is it important to know your labour rights? Often, violations occur unexpectedly. For example, you are working and fulfilling your contract obligations, but you are suddenly dismissed without explanation and even denied your salary. What should you do? Where should you turn?
The answer is simple: the law exists to protect you. If you have not violated it, you are entitled to seek help from qualified professionals.
You can contact the free legal consultation office of the public organization “World of Law,” where a lawyer will advise and guide you in the right direction.
The legal office operates on weekdays from 8:00 to 12:00 at: 137 Rudaki Avenue, Office 532. You can also call: (+992) 935070826.
This material was prepared within the framework of the project “Promotion and Protection of Labour Rights of Vulnerable Groups,” implemented with financial support from the Open Society Institute – Assistance Foundation in Tajikistan.
Somon Komilov
