Unlawful dismissal is a problem that many workers face. Any termination of employment must be carried out in accordance with labour legislation, and violations of labour rights are unacceptable. This material explains what constitutes unlawful dismissal, how it is regulated under the labour legislation of the Republic of Tajikistan, and what steps an unlawfully dismissed employee can take.
Dismissal is considered unlawful if it lacks a legal basis or violates the procedure established by law. Therefore, an employment contract concluded between an employer and an employee cannot be terminated without proper grounds. This is a key point that a dismissed employee should consider when seeking reinstatement.
According to Article 39 of the Labour Code of the Republic of Tajikistan, an employment contract may be terminated in the following cases: by mutual agreement of the parties, at the initiative of the employee or the employer, upon expiration of the contract term, or due to circumstances beyond the control of the parties. In addition, a contract may be terminated if the employee is transferred to a position that makes continuation of the employment relationship impossible.
An employer has the right to dismiss an employee on the grounds listed in Article 42 of the Labour Code. These include, among others: liquidation of the organization or termination of the employer’s activities (if an individual), staff reduction, systematic failure by the employee to perform job duties without valid reasons (if disciplinary measures have previously been applied), absence from work without valid reasons (including absence from the workplace for more than three hours during a working day), or appearing at work under the influence of alcohol, narcotic, psychotropic, or other intoxicating substances.
When dismissing an employee, the employer is required, under Article 45 of the Labour Code, to notify the employee in writing within the following timeframes: at least two months in advance in the case of liquidation of the organization or termination of the employer’s activities, and at least one month in advance in the case of dismissal due to the employee’s lack of qualifications or health conditions preventing proper job performance.
Under the labour legislation of the Republic of Tajikistan, an unlawfully dismissed employee has the right to be reinstated either by the employer or through the courts. In court proceedings, the employer must justify the dismissal (Article 54 of the Labour Code).
Let us consider several examples of unlawful dismissal. In the first case, a plumber who had worked for many years at a state enterprise received, on 12 September 2022, a copy of Order No. 289 “On Termination of Employment Relations,” signed on 6 September of the same year. The stated basis for the order was the conclusion of the General Director. However, during his years of employment, the worker had never violated labour discipline and had not been subject to any disciplinary measures.
This dismissal order is unlawful because it does not specify the employee’s fault or the legal grounds for dismissal. If dismissal is initiated by the employer, the order must refer to the relevant provision of Article 42 of the Labour Code, which was not done in this case.
Moreover, the employer failed to notify the employee of the termination within the legally required timeframe under Article 45, as no written or oral notification was provided.
Thus, the grounds for dismissal are unclear, and the employee was not informed of the General Director’s conclusion. Additionally, the employee was the sole breadwinner in his family, as his spouse was unable to work due to a disability. Despite being aware of this, the employer proceeded with the dismissal.
The Labour Code also provides for employer liability in cases of unlawful transfer or termination of employment (Article 55). The employer is obliged to compensate the employee for damages, including payment for the period of forced absence from work (at least equal to lost wages), reimbursement of additional expenses related to challenging the dismissal (such as legal consultations and court costs), and possible compensation for moral damage. The amount of compensation for moral damage is determined by the court, taking into account the employer’s actions, but it cannot be less than the employee’s average monthly salary.
Let us consider a more complex case. In 2020, a former department director of a closed joint-stock company sought legal advice from the “World of Law” organization. During his employment, he had received multiple awards and recognition. In September 2019, a review commission was established by order of the company director. Following the inspection, a report was submitted to the General Director. The employee was not informed of the inspection results and only learned of his dismissal on 17 October 2019. Subsequently, access to his work computer, which contained all relevant documents, was restricted.
Legal assistance was provided, and a claim was filed seeking annulment of the dismissal order, reinstatement, and compensation for material and moral damages. In response, the company filed a counterclaim seeking compensation for alleged damages, claiming that the employee had violated company rules.
On 24 August 2020, the district court of Shohmansur in Dushanbe dismissed both claims. The claimant partially disagreed with the decision and filed a cassation appeal. On 9 February 2021, the cassation court upheld the decision of the first instance court.
The next step was to apply to the supervisory instance of the city court, which refused to refer the case for further consideration. Disagreeing with these decisions, the claimant, together with his lawyer, filed a supervisory complaint with the Supreme Court of the Republic of Tajikistan. The supervisory instance of the Supreme Court decided to refer the case for substantive review.
Due to multiple errors in the application and interpretation of substantive law, the supervisory court of the Supreme Court, by its decision of 11 May 2022, fully overturned the decisions of the lower courts and referred the case for a new trial before a newly composed first instance court. The case is currently under reconsideration in the Shohmansur district court of Dushanbe.
Pursuing justice in cases of unlawful dismissal often requires navigating multiple judicial instances, which makes the assistance of a qualified lawyer essential. If you have faced unlawful dismissal, you can seek free legal advice from the public organization “World of Law,” where a lawyer will provide guidance and support.
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.
