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Last updated on: April 27th, 2022
Labor Requirements
The Labor Code of Turkmenistan regulates the labor relations of persons working in enterprises, organizations, and institutions, regardless of the organizational and legal form with individuals on the terms of the concluded labor contract. The other act which governs the employment relationship is the Code of Turkmenistan on Social protection of the population.
Hours & Pay Regulations
Normal Working Hours
Normal working hours cannot exceed 40 hours per week.
The working time regime is the length of the working week, work with irregular working hours for certain categories of employees, the duration of daily work (shift), the start and end time of work, the time of breaks in work, the alternation of working and non-working days, the number of shifts per day and the procedure for the transfer of employees from one shift to another.
Duration of daily work (shift)
In a five-day working week, the duration of daily work (shift) is determined by the internal labor regulations (shift schedules) of the organization. With a six-day working week, the duration of daily work cannot exceed:
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- 7 hours – at a 40-hour weekly rate;
- 6 hours – at a 36-hour weekly rate;
- 4 hours – at a 24-hour weekly rate.
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Irregular Working Hours
A special work schedule, according to which individual employees can, by order of the employer, if necessary, be involved in the performance of their labor functions outside the normal working hours. At the same time, the duration of daily work cannot exceed 12 hours. Labor Code; Art 67-68.
In continuously operating enterprises and in certain types of work, where, according to the conditions of production (work), it is impossible to reduce the duration of work (shift) on the eve of a non-working holiday and memorable day, overworking at the request of the employee is compensated by the provision of additional rest time or payment according to the norms established for overtime work which is twice the standard hourly wage.
On the eve of the day off, the duration of work with a six-day working week may not exceed 5 hours. Labor Code; Art 63, 58-62.
Shift Work
Shift work – work in two, three, or four shifts – is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficient use of equipment, increase the volume of products or services provided. In the case of shift work, the duration of the working time of one shift, which must not exceed 12 hours.
If shift work coincides with night time, each hour of work at night is paid at one and a half times the hourly rate, unless this is related to the nature of the work in which the wages are set taking into account work at night. Breaks between shifts must be at least 12 hours. It is prohibited to hire an employee for two shifts in a row. Labor Code; Art 72.
Recording Requirements
The workbook is the main document on the work activity of the employee. An employer (with the exception of employers-individuals) is obliged, in accordance with the established procedure, to keep workbooks for each employee who has worked at the enterprise for more than five days, if the work (service) is the main one for the employee. The employer is obliged to keep records of the time actually worked by each employee. Labor Code; Art 30.
Overtime
Overtime is considered to be work performed by an employee at the initiative of the employer in excess of the established duration of working hours, daily work (shift). Overtime work must not exceed 4 hours for each employee on 2 consecutive days and 120 hours per year.
Exceptions
Employers may require an employee to work only in exceptional conditions like natural disasters, industrial accidents, emergency care in healthcare, unforeseen delay or technical issues, disruptions of basic home requirements services, in shifts where work breaks are not allowed where there is a employee shortage etc.
Pay
Overtime work paid per hour shall not be less than twice the standard hourly wage. For overtime work, at the request of the employee, instead of increased wages, a day off may be granted during the year in an amount not exceeding the number of overtime hours worked. Labor Code; Art 64-65, 120.
Night Work
Nighttime is considered to be from 22:00 hours to 6:00 hours. When working at night, the set duration of work (shift) is reduced by 1 hour. The duration of work at night is equal to that of the day in those cases when it is necessary for the conditions of production, in particular, in continuous production, as well as in shift work with a six-day working week with one day off.
Pay – Each hour of work at night is paid at one and a half times the hourly rate. Labor Code; Art 62.
Breaks
Employees are provided with a break for rest and meals lasting at least 1 hour, but not more than 2 hours. The break is not included in the working hours. A break for rest and meals should normally be given every 4 hours after the start of work. The start and end time of the break is determined by the internal labor regulations.
If under the conditions of production, including at continuously operating enterprises, it is impossible to establish a break, a break may be granted every 4 hours for up to 30 minutes. Labor Code; Art 71, 74 & 75.
Weekly Rest
With a five-day working week, employees are given 2 days off per week, and with a six-day working week – 1 day off.
The general day off is Sunday. The second day off in a five-day working week, if it is not determined by the legislation of Turkmenistan, is established by the shift schedules of the enterprise and must be provided with a general day off in a row.
Duration of Weekly Uninterrupted Rest
The duration of weekly uninterrupted rest must be at least forty-two hours for a 5 day work week.
Days off at continuously operating Organisation
At enterprises, the suspension of work of which is impossible due to production, and technical conditions or due to continuous service for example airports, etc, days off are provided on different days of the week in turn to each group of employees, according to the shift schedule of the enterprise. Labor Code; Art 76-79, 121
Work On Rest Days
Pay for Work on Day Off
Work on weekends may be compensated by agreement of the parties by providing the employee with time off on other working days during the year in an amount not exceeding the number of hours worked on weekends, or twice the standard hourly wage.
Payment for work on weekends is made:
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- Piecework employees – at double piece rates;
- Employees whose work is paid at hourly or daily rates – in the amount of double hourly or daily rates.
- For employees receiving a monthly salary, if the work was done within the norm of monthly working hours, not less than the amount of the daily official salary in addition to the salary, if the work was done in excess of the monthly working hours, not less than twice the daily official salary.
Public Holidays
Work is not carried out on the following 12 holidays and memorable days:
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- New Year – January 1;
- Memorial Day – January 12;
- Day of the State Flag of Turkmenistan – February 19;
- International Women’s Day – March 8;
- National Spring Festival – March 21-22;
- Victory Day in the Great Patriotic War of 1941-1945 – May 9;
- Day of Revival, Unity and Poetry of Makhtumkuli Fraghi – May 18;
- National Day of Remembrance – October 6;
- Independence Day of Turkmenistan – October 27-28;
- National holiday of Turkmenistan – Day of neutrality – December 12;
- Eid al-Adha – the specific date of Eid al-Adha is determined annually by an act of the President of Turkmenistan;
- Oraza Bayramy – the specific date of Oraza Bayramy is determined by an act of the President of Turkmenistan.
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If the date of one holiday coincides with the date of another holiday, the celebration of one of them may be postponed to another day. If a non-working holiday or memorable day coincides with a day off (Sunday), the day off is the next working day after the holiday or memorable day. The government authority of Turkmenistan has the right to postpone the day off to another day of the week.
Shifts on weekends, non-working holidays and memorable days are compensated at the request of the employee by providing them on a working day within ten calendar days after the end of the shift of the same duration.
Pay for Work on Day Off
Work on non-working holidays and memorable days may be compensated by agreement of the parties by providing the employee with time off on other working days during the year in an amount not exceeding the number of hours worked on weekends, non-working holidays and memorable days, or twice the standard hourly wage.
Payment for work on non-working holidays and memorable days is made:
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- Piece work employees – at double piece rates;
- Employees whose work is paid at hourly or daily rates – in the amount of double hourly or daily rates.
- For employees receiving a monthly salary, if the work was done within the norm of monthly working hours, not less than the amount of the daily official salary in addition to the salary, if the work was done in excess of the monthly working hours, not less than twice the daily official salary.
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Duration of work on the eve of non-working holidays, memorable days and days off
On the eve of non-working holidays and memorable days, the duration of work of employees, except for employees working in harmful conditions, shall be reduced by 1 hour both for a five-day and six-day working week. Labor Code, Art 81-82 and 121.
Annual Leave
The main annual leave is established for 30 calendar days a year.
Procedure for Granting Annual Basic Leave
The annual main leave, as well as additional leaves attached to it, at the request of the employee, can be divided into two parts and provided in different periods of the working year. The right to receive annual basic leave during the first year of work comes after eleven months of continuous work from the date of the conclusion of the employment contract.
Annual basic leave for the second and subsequent years of work is provided in accordance with the vacation schedule established at the organization. The unused part of the leave must be provided to the employee at his request at another time during the given working year or added to the leave for the next working year.
Periods Included in the Working Year
The length of service, which gives the right to annual basic leave, includes the time of actual work, the time when the employee did not actually work, but was on parental leave, the time of forced absenteeism etc.
Transfer and Extension of Annual Basic Leave
An employee has the right to postpone or extend the annual basic leave if:
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- temporary incapacity for work;
- granting maternity leave;
- the coincidence of the annual basic leave with leave in connection with studies, additional leave for marriage or the ceremony of burial and commemoration;
- fulfillment of state duties or duties in an elected body.
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In the event of the occurrence of reasons preventing the use of the annual basic leave, a new period of use of the leave shall be established in agreement with the employer before its commencement. In the event of the occurrence of such reasons during the period of the main annual leave, in agreement with the employer, the vacation is either extended for an unused number of days, or is postponed for another period.
The employer, in case of production necessity, has the right, with the consent of the employee, to postpone the main annual leave to the next working year, but within no more than two years.
When Annual Leave coincides with Other Leaves
If the annual main leave coincides with additional leave or maternity leave, or temporary disability of the employee, the annual main leave is extended by the number of days of additional leave or maternity leave, or by the number of days of temporary disability that coincided with the main leave.
Additional Leave
Additional leave for work with harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions shall be granted in full to an employee who is employed in such work during the whole working year full time. The maximum duration of additional leave is established by a collective agreement and cannot exceed 15 calendar days.
Additional leave is granted annually without the right to transfer to the next working year, and at the request of the employee, may be added to the annual basic leave.
Additional leave for the special nature of work
Additional leave for the special nature of work is granted to employees employed in jobs with increased nervous, mental stress and other increased stress, for the full restoration of their working capacity.The duration of additional leave for a special nature of work is established:
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- employees carrying out air traffic control who have a dispatcher’s certificate – up to 7 calendar days;
- employees of flight and flight test personnel, depending on the number of hours flown for a working year – up to 15 calendar days;
- persons with irregular working hours – 3 calendar days.
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Additional leave for the special nature of work is granted annually, cannot be carried over to the next working year and, at the request of the employee, can be added to the annual basic leave.
Additional leave to a person injured as a result of a radiation catastrophe
A person injured as a result of a radiation catastrophe shall be granted additional leave of up to fifteen calendar days. Additional leave is granted annually, but cannot be carried over to the next working year and, at the request of the employee, can be added to the annual basic leave.
Calculation of the Duration of the Annual basic and Additional Leaves
Non-working holidays and memorable days falling on the period of the annual main and additional vacations of employees are not included in the number of calendar days of leave and are not paid. The total duration of the annual leave is calculated by summing the annual basic and additional leaves.
When calculating the duration of vacations in proportion to the hours worked, their duration is determined by dividing the total amount of each vacation by 12 and multiplying by the number of full months of work. In this case, the number of days of a month equal to fifteen or more calendar days is taken as a full month, and less than fifteen calendar days is not taken into account.
Additional leave for Contraction of Marriage – 10 calendar days, given 5 days before marriage. In the case of marriage registration outside Turkmenistan, employees shall be granted an additional leave of 10 calendar days. Payment for additional leave is made upon presentation of a certificate issued by the registry office of Turkmenistan.
Additional leave for the performance of the Funeral and Commemoration Ceremony – An additional leave of 10 calendar days to complete the funeral rite and commemoration on the basis of a certificate issued by the state civil registry office are provided to two close relatives of the deceased.
Persons traveling outside Turkmenistan to perform the funeral and commemoration rites are granted additional leave on the basis of their application and the notification of the death of a close relative, certified in accordance with the established procedure. Payment for additional leave is made upon presentation of a certificate issued by the registry office of Turkmenistan.
Additional leave for citizens upon reaching the Age of 62 – 3 calendar day is provided to citizens upon reaching the age of 62 years, or such leave can also be added to the main annual leave.
Calculation of Vacation Pay
The average monthly salary and the average daily salary are calculated for the twelve calendar months preceding the month of leaving on vacation, regardless of what working year the vacation is granted. Average daily wages are calculated by dividing the average monthly wages by 29.7.
The amount of vacation pay is determined by multiplying the average daily wage by the number of days of annual basic, additional or social leave. Leaving employees who have worked for less than eleven months are paid monetary compensation for unused vacation in an amount equal to the months worked. Labor Code, Art 83 – 95 and 108 – 109, 131.
Special Leave
The right to state benefits for temporary loss working capacity are persons who have lost during the period of work ability to work due to a general illness, work injury (injury), occupational disease, and submitting the leaflet incapacity for work issued by a health care institution.
Temporary Disability includes periods:
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- for caring for a sick family member during outpatient treatment – not more than 7 calendar days;
- caring for a sick child under the age of 14 with outpatient treatment – no more than 14 calendar days;
- for caring for a sick child under the age of 7, who is on inpatient treatment, as well as for a sick child under the age of 14,
- suffering from a serious illness, in the period after a complex operation, injury or burn – no more than 122 calendar days;
- transfer to another job in connection with a professional disease or tuberculosis disease or presence in the organism of pathogens of infectious diseases – no more than 2 months;
- the quarantine regime of persons suspended from work in the outbreaks of infectious diseases.
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Art 59 Code of Turkmenistan on social protection of the population.
Maternity leave is granted from 32 weeks of pregnancy, for women:
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- working at enterprises, organizations, and institutions, regardless of the form of ownership;
- undergoing military service, service in the internal affairs bodies;
- dismissed from work in connection with the liquidation of enterprises, organizations, and institutions, regardless of the form of
- ownership, – within three months from the date of dismissal.
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Maternity leave is granted lasting at least 112 calendar days and consists of vacation before and after childbirth for 56 calendar days each. In the case of complicated childbirth, the postpartum leave is extended by 16 calendar days, and at the birth of two or more children – 40 calendar days.
Maternity leave is also provided for pregnant women under the following conditions:
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- in case of preterm birth or miscarriage that occurs after the expiration of 154 days of pregnancy, – leave after childbirth;
- upon temporary suspension of the work of enterprises, organizations, and institutions, regardless of the form of ownership, – on a general basis;
- upon the onset of maternity leave during the period replacement of a temporarily absent employee – until the end day replacement or before the replacement employee starts work;
- upon the onset of maternity leave during the period of labor leave – on a general basis.
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Pay
Employees are given the right to state allowance at the birth of a child. Art 61 Code of Turkmenistan on social protection of the population.
Additional Day off
One of the parents or a person replacing him who is raising a child with a disability under the age of eighteen (regardless of the number of such children in the family) is given one additional day off per month with payment in the number of a day’s earnings.
Upon a written request from employees, the employer can grant such additional off in aggregate during the working year. Labor Code; Art 246.
Breaks for Feeding a Child
Women with children under the age of one and a half years shall be provided, in addition to the general break for rest and food, additional breaks for feeding the child.
These breaks shall be granted at least every 3 hours, each lasting at least 30 minutes. If there are two or more children under the age of one and a half years, the duration of the break is set at least 1 hour each. Breaks for feeding a child are included in working hours and are paid at the average wage. Labor Code; Art 247.
An employee who has adopted a child (children), maternity leave, and childbirth are provided for the period from the day of adoption to the expiration of 56 calendar days from the date of birth of the child. Art 61 Code of Turkmenistan on social protection of the population.
A woman, regardless of the length of service, after the expiration of maternity leave, has the right to unpaid parental leave until the child reaches the age of three years.
Leave to care for a child may also be granted to the person actually caring for the child, including the father, guardian of the child, as well as, in cases established by the legislation of Turkmenistan, to another relative.
Parental leave can be used in whole or in parts. A person who is on parental leave until the child reaches the age of three has the right to interrupt the vacation and start work before the expiration of the parental leave, notifying the employer about this two weeks before going to work. In this case, the annual basic leave is provided for the actual time worked.
Pay
A person who is on parental leave is assigned and paid a state childcare allowance in accordance with the legislation of Turkmenistan. Labor Code; Art 97.
Employees studying on-the-job in institutions of secondary and higher vocational education, including foreign countries, in full-time and part-time and part-time forms, are provided with paid leave for the period of each test and examination session provided for by the curriculum for their specialty, and passing state exams (passing the final certification) on the basis of the letter (invitation) of the educational institution on the admission of the student to this session (final certification).
The duration of the leave includes the terms of the examination session and (or) the final state exam specified in the letter (invitation), and the travel time to the location of the educational institution and back. Labor Code; Art 98.
A person who successfully combines industrial or pedagogical activity with scientific work is granted a sabbatical leave with the payment of the average salary. A sabbatical leave is granted for the completion of a candidate’s thesis, as well as for writing textbooks and teaching aids for a period of 3 months, and for the completion of a doctoral dissertation for a period of six months.
Labor Code; Art 102.
Unpaid leave at the request of the employee is granted for up to 10 calendar days during the year if there are valid reasons. In cases where an employee needs unpaid leave for more than 10 calendar days, he may be provided with additional days at the expense of the annual main leave or additional leaves. In addition, unpaid leave is granted at their request to the following employees:
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- a single parent or a person replacing him, raising one or more children under the age of fourteen (a child with a disability under the age of eighteen) – up to 14 calendar days;
- a person with a disability – up to 30 calendar days;
- admitted to entrance exams to a higher or secondary vocational educational institution – up to fifteen and ten calendar days, respectively, to postgraduate studies – up to 15 calendar days, while the specified time does not include the travel time to the location of the educational institution and back;
- sent to the institutions of secondary vocational or higher vocational education of Turkmenistan to confirm the diploma of education received by him in the relevant educational institution outside Turkmenistan – up to 30 calendar days;
- to an employee studying on the job in the last year of higher and secondary vocational educational institutions in full-time (evening) and part-time forms, at his request and according to the letter of the relevant educational institution for the preparation of the diploma project (work) – up to 30 calendar days;
- for a relative to take care of a sick family member – for a period established by a health care institution;
- foreign teaching staff working in educational institutions of Turkmenistan – up to 30 calendar days;
- for a pensioner by age – up to 30 calendar days.
- In the event of downtime due to production reasons unpaid leave for a period up to 30 months, and in exceptional cases – up to 12 months.
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Labor Code; Art 101 and 103.
On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is given the day off.
If, by agreement with the employer, the employee works on the day of donating blood and its components (except for work with harmful and (or) dangerous (especially harmful and (or) especially dangerous) working conditions, when the employee cannot go to work on that day, he is given another day of rest at his request.
In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday or memorable day, the employee is given another day of rest at his request.
After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual basic leave or used at other times during the year after the day of donating blood and its components.
When donating blood and its components free of charge, the employer retains for the employee his average salary for the days of donation and the days of rest provided in connection with this. Labor Code; Art 156.
