The right to work belongs to everyone, and persons with disabilities are no exception. No physical impairment can serve as a barrier to employment. Moreover, many persons with disabilities are equally capable in professional terms and, in some cases, even outperform others. This material explains how the labour rights of persons with disabilities are regulated under the labour legislation of the Republic of Tajikistan.
First of all, it is important to mention Article 5 of the Labour Code of the Republic of Tajikistan, which states that every citizen has the right to freely choose their work, manage their abilities to work, and select a profession or occupation. Discrimination in labour relations is strictly prohibited under Article 7 of the Labour Code. Paragraph 2 of this article clarifies that differences in employment conditions arising from the specific requirements of a certain type of work or special state protection of socially vulnerable persons (based on sex, age, disability, family responsibilities, social status, or education) do not constitute discrimination.
Unlawful refusal to hire persons with disabilities is not permitted. Article 23 of the Labour Code (Guarantees upon Employment) states that refusal to hire persons whom the employer is legally obliged to employ—such as persons with disabilities and others included in employment quotas—is considered unlawful.
The labour rights of persons with disabilities are regulated in Chapter 24 of the Labour Code, titled “Specific Features of Regulating the Labour of Persons with Disabilities.” Article 258 states that persons with disabilities, upon recommendation of an authorized state body, have the right to conclude employment contracts with employers under standard working conditions or in specialized organizations employing persons with disabilities.
It is further stated that refusal to conclude an employment contract, transfer to another job, or change of working conditions due to disability is not permitted, except in cases where medical conclusions indicate that the employee’s health condition prevents them from performing job duties or poses a risk to their safety or the safety of others.
Article 28 of the Labour Code provides that an employment contract may include a probation period, which may not exceed three months. However, persons with disabilities recommended by an authorized state body are among those for whom a probation period is not established.
Persons with disabilities belong to categories of workers entitled to reduced working hours without reduction in pay, depending on health condition and working environment (Article 68 of the Labour Code).
According to Article 74(2), the daily working time for persons with disabilities may not exceed 6 hours. In addition, their involvement in night work (Article 77), overtime work, and work on weekends (Articles 79 and 87) is subject to legal restrictions. Article 262 states that such work is allowed only with the written consent of the employee and provided it is not medically contraindicated.
The employment of persons with disabilities in heavy work, hazardous or harmful working conditions is prohibited (Article 259). Persons with disabilities of groups I and II are not permitted to work on a rotational (shift-based) basis (Article 244).
Annual leave for persons with disabilities is extended: 42 calendar days for groups I and II, and 35 calendar days for group III (Article 94).
In cases of staff reduction or changes in working conditions, persons with disabilities are given preferential rights to remain in employment, alongside other protected categories, provided qualifications are equal. This includes persons with disabilities employed under quota systems and other legally protected groups.
It should also be noted that if an employee loses working capacity due to workplace injury or occupational illness, their job (position) is preserved until recovery or determination of disability status (Article 42 of the Labour Code).
If you would like to learn more about the labour rights of persons with disabilities, you can contact the human rights 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.
