The Labour Code Of Turkmenistan

Original Language Title: Трудовой кодекс Туркменистана

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8334

TABLE Of CONTENTS Section I. General Provisions SECTION II. EMPLOYMENT RELATIONSHIP, The Parties To The EMPLOYMENT RELATIONSHIP, Their Rights And Obligations SECTION III. The EMERGENCE, CHANGE And TERMINATION Of EMPLOYMENT (Section IV.) WORKING TIME. WORKING TIME REGIME Section V. SECTION VI REST TIME. HOLIDAY SECTION VII. REMUNERATION SECTION VIII. LABOUR STANDARDS And USAGE RATES SECTION IX. Guarantees And COMPENSATION Section X. LABOUR DISCIPLINE SECTION XI. OCCUPATIONAL HEALTH SECTION XII. LIABILITY Of The PARTIES To The EMPLOYMENT CONTRACT, SECTION XIII. FEATURES Of The REGULATION Of The EMPLOYMENT Of CERTAIN CATEGORIES Of WORKERS SECTION XIV. TRAINING, RETRAINING AND IMPROVEMENT OF PROFESSIONAL SKILL OF WORKERS. CERTIFICATION Of WORKPLACES And Employees SECTION XV. Social Partnership In The FIELD Of LABOUR SECTION XVI. LABOR DISPUTES SECTION XVII. TRADE UNIONS SECTION XVIII. SOCIAL SECURITY SECTION XIX. Supervision And Monitoring Of COMPLIANCE With LABOUR LEGISLATION Of TURKMENISTAN SECTION XX. RESPONSIBILITY For VIOLATION Of The LABOUR LEGISLATION Of TURKMENISTAN SECTION XXI. FINAL PROVISIONS w and c o n of TURKMENISTAN on the approval and entry into force of the labour code of Turkmenistan (statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 30) article 1. To approve the labour code of Turkmenistan.
Article 2. Enact the labour code of Turkmenistan from July 1, 2009 year.
Article 3. From the date of entry into force of this code shall be declared null and void the following legislation: 1) the labour code of Turkmenistan, approved the law of Turkmenistan on June 28, 1972 onwards, with the amendments and additions adopted by the Majlis of Turkmenistan as of October 1, 1993 onwards, all subsequent laws or their relevant parts, which made changes and additions in it;
2) the law of Turkmenistan "on labour protection", passed by the Majlis of Turkmenistan October 1, 1993 onwards, all subsequent laws or their relevant parts, which made changes and additions in it;
3) Turkmenistan law "on vacations", adopted by the Majlis of Turkmenistan June 12, 1997 onwards, all subsequent laws or their relevant parts, which made changes and additions to it.
Article 4. The labour code of Turkmenistan extends to employment relationships arising after the entry into force.
If the employment relationship arose prior to the promulgation of this code, it applies to those rights and obligations that would arise after its launch. In cases of controversy or deterioration of the legal and (or) individuals part of the labour contract applied the provisions of the present code.
Article 5. Continue to bring laws and other normative legal acts of Turkmenistan in accordance with the labour code of Turkmenistan, they act insofar as not inconsistent with the labour code of Turkmenistan.
Article 6. The Cabinet of Ministers of Turkmenistan in a three-month deadline to bring regulatory legal acts of Turkmenistan in accordance with the labour code of Turkmenistan.
 
               President Gurbanguly Berdymukhamedov of Turkmenistan Ashkhabad, 29 April 18, 2009-IV of the LABOUR CODE of TURKMENISTAN this code governs labour relations of persons working in enterprises, organizations and establishments, regardless of their organizational-legal form and ownership (hereinafter referred to as "enterprises"), the individual contract of employment concluded under the conditions.
 
Section i. General provisions article 1. Objectives and main tasks of the labour legislation of Turkmenistan 1. The objectives of the labour legislation of Turkmenistan are the establishment of State guarantees of the labour rights of citizens, creation of favourable conditions of work, protection of rights and interests of workers and employers.
2. the main tasks of the labour legislation of Turkmenistan are creating the necessary social and legal conditions and guarantees for the exercise of the constitutional right of citizens to work, the legal regulation of labour relations, as well as other relations directly linked to labour, aimed at achieving economic growth, improvement of the well-being of the people, to ensure the effective functioning of the labour market, development of social partnership between workers, employers, State authorities, local self-government.
 
Article 2. Labor laws of Turkmenistan 1. Labor laws of Turkmenistan is based on the Constitution and consists of the present code and other normative legal acts of Turkmenistan, containing rules of labour law.
2. the laws of Turkmenistan and other normative legal acts of Turkmenistan, containing rules of labour law must not contradict this code.
3. collective agreements should not contain conditions that reduce the level of workers ' rights and guarantees established by labour legislation of Turkmenistan.
4. In the event of a conflict between this code and other normative legal acts of Turkmenistan, containing rules of labour law, as well as if in the collective contracts (agreements) contain conditions that reduce the level of workers ' rights and guarantees, the provisions of this code.
5. If an international treaty to which Turkmenistan stipulates other rules than those contained in this code, the rules of the international treaty shall apply.
 

Article 3. The labour legislation of Turkmenistan at the time labour law Acts of Turkmenistan shall be applied to relations arisen after putting them into action, and shall not have retroactive force. Legal validity of Act labor laws of Turkmenistan extends to relations arising prior to its launch, in cases where this has been expressly provided for in this Act.
 
Article 4. The labour legislation of Turkmenistan in space 1. Labor laws of Turkmenistan extends to labour relations, as well as the associated relations arising in the territory of Turkmenistan, if these acts of labour legislation provides otherwise.
2. the acts of local authorities and local self-government in employment act within the territory of the respective administrative-territorial units and should comply with labour legislation of Turkmenistan.
 
Article 5. The scope of the present code 1. This code applies to labour and associated relations on the territory of Turkmenistan.
2. This code applies to all employers and employees who have signed an employment contract in the territory of Turkmenistan, unless otherwise prescribed by the legislation of Turkmenistan or by an international treaty.
3. This code applies to labour and associated relations of certain categories of workers (military, Government and other employees) in the cases provided for by the relevant legislative acts of Turkmenistan on their activities or determine their legal status.
4. the rules of labour law established by this code and other normative legal acts of Turkmenistan shall apply to labour relations foreign citizens, stateless persons, employees of international organizations, as well as employees of businesses located on the territory of Turkmenistan, the founders or proprietors (fully or partly) which are foreign entities or individuals, if otherwise not stipulated by the legislation of Turkmenistan or by an international treaty.
5. in cases where the Treaty civil legislation actually regulated by the employment relationship between the employee and the employer to apply the provisions of the labour relations legislation of Turkmenistan.
6. This code does not apply to the following persons (if in accordance with this code, they act as employers or their representatives): 1) members of the Board of Directors (Supervisory Board), enterprises (with the exception of those who have signed an employment contract with the enterprise);
2) working on agreements civil legislation;
3) of others, if it is established by the legislation of Turkmenistan.
 
Article 6. State guarantees of labor rights 1. Citizens ' right to work is guaranteed by the Constitution of Turkmenistan, including the right to choose a profession, type of occupation and place of work, to healthy and safe conditions of work, to protection against unemployment.
2. each citizen has the exclusive right to dispose of their capacities for productive and creative work and to carry out any activities not prohibited legislation of Turkmenistan.
3. Every citizen has the right to free choice of employment by simply contacting the employer or through government bodies (service) employment.
4. the State guarantees the protection of labour rights. The minimum level of labour rights and guarantees for employees is established by this code.
5. State bodies (service) provide free employment assistance in finding suitable work and job placement.
 
Article 7. Prohibition of discrimination in labour relations 1. Not permit the restriction of employment rights or the acquisition of any privileges in their realization depending on the nationality, race, sex, origin, property and official status, place of residence, language, age, attitude to religion, political beliefs, party affiliation or lack of affiliation with any political party, as well as other circumstances unrelated with the professional qualities of employees and the results of their work.
2. Differences in employment arising from the specific requirements of a particular job or special care extended by the State to persons requiring a greater measure of social and legal protection (women, minors, the disabled, etc.), established by the legislation of Turkmenistan does not constitute discrimination.
3. Individuals who consider that they have been discriminated against at work, may apply to the Court.
 
Article 8. Prohibition of forced or compulsory labour 1. Forced or compulsory labour is prohibited.
2. Forced or compulsory labour is considered any job (service), exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

To perform forced or compulsory labour are also a requirement by the employer to the employee to perform duties in the absence of a collective or individual protection systems or when performing the work required is likely to endanger the life or health of a worker, as well as violation of payroll deadlines or its payment is not at full size, increase working hours without proper pay.
3. Are not considered forced or compulsory labour: 1) any work (service) required by virtue of the laws on compulsory military service and applied for a purely military character;
2) any work (service), which is part of the normal civic obligations of the citizens;
3) any work (service) in order to eliminate industrial accidents and in other similar cases;
4) any work (service), executed in emergencies (in cases of declaring a State of emergency or martial law, a calamity or threatened calamity: fires, floods, mudflows, earthquakes, epidemics or episodic diseases), as well as in other cases, endangering the life or normal living conditions of the whole or part of the population;
5) any work (service) required for the execution of an enforceable sentence or order of a court under the supervision of the State bodies in accordance with the legislation of Turkmenistan;
6) work performed in the order of the disciplinary punishment of administrative offence;
7) minor public works, i.e. works performed for the direct benefit of the staff members of a community, and can therefore be considered as normal civic obligations incumbent upon the members of the community.
(As amended by the Act of February 28, 2015-Statements of the Mejlis of Turkmenistan, 2015, no. 1, art. 35) article 9. Member daykhan associations regulation of labor and Labor Member daykhan farms daykhan associations, 1,815 private farms and other agricultural enterprises are regulated by this code, their statutes, as well as the legislation of Turkmenistan relating to the activities of the associations of Daihan 1,815 private farms and other agricultural enterprises.
 
SECTION II. EMPLOYMENT RELATIONSHIP, the parties to the EMPLOYMENT RELATIONSHIP, their rights and obligations Article 10. Labor Relations Under labour relations refers to relations based on agreement between the employee and the employer of personal fulfilment employee fee work (work on a particular profession, skill or position), subordinated to the rules of the internal labour schedule employee enterprise while ensuring employer labour conditions prescribed by labour legislation of Turkmenistan, an employment contract, collective agreement (the agreement).
 
Article 11. The subjects of labour relations labour relations Actors are employee, employer, employee representative, the representative of the employer.
 
Article 12. The parties to the employment relationship 1. The parties to the employment relationship are the employee and the employer.
2. An employee is an individual entered into an employment relationship with the employer. A worker carries out activities (work, service) occupations, specific qualifications, grade, class or position on the basis of an employment contract.
Terms of reference (works), performed by an employee on a particular profession, qualifications, grade, class, or function, is defined by the tariff and qualifying guides occupations, posts employees as well as job descriptions (duties) and the provisions approved in the manner prescribed by the legislation of Turkmenistan.
3. The employer is a legal person, irrespective of its legal form and form of ownership, or a natural person using hired labour and enters with an employee in the employment relationship.
For the purposes of this code, the employer is a natural person shall be recognized: 1) natural person duly registered as an individual entrepreneur, carrying out business activity without establishment of legal entity;
2) a natural person who, in labour relations with employees for personal care and household assistance, not a private entrepreneur.
4. the emergence, change and termination of the employment relationship between the parties to an employment contract shall be documented by the order of an employer.
 
Article 13. Basic rights and obligations of employees 1. The employee has the right to: 1) conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the labour legislation of Turkmenistan;
2) providing him with work resulting from the employment contract;
3) workplace, appropriate conditions prescribed State standards organization and safety, sanitation and hygiene requirements of the collective agreement (the agreement);
4) complete and reliable information on working conditions, occupational safety and occupational safety requirements at the workplace;

5) equal remuneration for work of equal value, without distinction of any kind, timely and fully receive wages according to their profession, qualifications, the complexity of labour, the quantity and quality of the work done, but not less than the minimum wage established by the legislation of Turkmenistan;
6) obtaining information about assessed him wages and deductions made;
7) recreation provided by the establishment of working hours, reduced working hours for individual professions and categories of employees, the provision of weekly rest days, non-working holidays and commemorative days and paid annual basic and additional leave;
8) vocational training, retraining and qualification improvement;
9) scientific-intellectual property, authorship for innovation or invention, as well as remuneration for copyright;
10) Association, including trade unions and join them to protect their labour rights, freedoms and legal interests, as well as in other public associations, unless otherwise provided by the legislation of Turkmenistan;
11) involved in the management of the enterprise in the manner prescribed by the legislation of Turkmenistan, the collective agreement;
12) remuneration for authors of inventions and industrial designs, patents issued by the employer or his successor in title, and which are used in social production, the developers (creators) of scientific intellectual property, as well as in cases stipulated by the statutes of the enterprises and the legislation of Turkmenistan, at a fraction of the profit (income) received by the owner from using the object of scientific intellectual property;
13) protecting and defending their labour rights, freedoms and legal interests, as well as the protection of personal data by all means not prohibited by legislation of Turkmenistan;
14) participation in developing and reviewing the collective agreement (the agreement);
15) guarantees and compensation, reparation (harm), including moral, caused his health or property in connection with the performance of their duties in accordance with the legislation of Turkmenistan;
16) State pension insurance and social security in old age, in case of disability, loss of the breadwinner and in other cases stipulated by the legislation of Turkmenistan;
17) other rights stipulated by the labour legislation of Turkmenistan, an employment contract, collective agreement (the agreement).
2. The employee is obliged to: 1) faithfully execute their duties;
2) comply with required standards (regulations);
3) observe work discipline, the rules of the internal labour schedule Enterprise;
4) carry out written and oral orders (orders) of the employer, which do not contradict the legislation of Turkmenistan, the rules of the internal labour schedule enterprises, employment contract, collective agreement (the agreement);
5) observe the rules, instructions, regulations, and orders concerning labour protection and labour safety;
6) to comply with the established order of storage of documents, material, money and other valuables;
7) ensure compliance with the quality requirements of products, works performed, services rendered, prevent marriage work, observe the technological discipline;
8) treat the property of the employer (including the property of a third party who is the employer, if the employer is responsible for the safekeeping of those assets) and other personnel;
9) keep your workplace clean and well lit;
10) trusted him not to disclose the information constituting State, commercial and other secret in accordance with the legislation of Turkmenistan;
11) immediately inform the employer or supervisor about a situation that represents a threat to human life or health, the employer's property (including property of third persons in the possession of the employer, if the employer is responsible for the safekeeping of those assets);
12) perform other duties provided for by the labor laws of Turkmenistan, an employment contract, collective agreement (the agreement).
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 14. Basic rights and obligations of the employer 1. The employer has the right to: 1) enter into, amend and terminate employment contracts with employees in the manner prescribed by the present code and other normative legal acts of Turkmenistan;
2) when the employment of an employee to claim from the submission of the documents provided by the present Code, confirm the right and opportunity to do certain work activities (work, service) and (or) occupy a certain position;
3) promulgate acts within its competence the Executive-administrative nature;
4) require from employees fulfill the terms of the employment contract and the rules of the internal labour schedule, as well as respect for the property of the employer, including the property of a third party who is the employer, if the employer is responsible for the safekeeping of the property;

5) install the probationary employee when entering into an employment contract;
6) encourage employees;
7) provide employees to State Awards, nominate them in elected bodies;
8) for reimbursement of costs associated with the training of the employee;
9) to attract employees to disciplinary and material responsibility in the manner prescribed by the present code and other normative legal acts of Turkmenistan;
10) question of the violation of the working discipline the employee for the consideration of the labour collective;
11) to damages (harm) caused him by the employee;
12) form and join associations of employers to representation and protection of their rights and legitimate interests;
13) to enjoy other rights laid down in the labour legislation of Turkmenistan, an employment contract, collective agreement (the agreement).
2. the employer shall: 1) abide by the labor laws of Turkmenistan, the terms of the employment contract, collective agreement (the agreement);
2) expose workers to work in accordance with the employment contract and agreement of the parties;
3) to introduce modern occupational safety methods and provide working conditions that meet safety and hygiene standards and prevent industrial injuries, occupational diseases;
4) provide employees a place of work, the means necessary for the performance of their duties;
5) create the necessary working conditions for persons with disabilities in accordance with the individual rehabilitation programme;
6) to provide workers equal pay for work of equal value;
7) timely and fully pay salaries and make other payments stipulated by the legislation of Turkmenistan;
8) to issue payment of wages to the employee for information on accrued wages and it produced deductions;
9) to provide an employee with information and documents related to pensions, in the terms established by the legislation of Turkmenistan;
10) organize and maintain records of working time;
11) to conduct collective negotiations, conclude collective contracts (agreements) in the manner prescribed by this code;
12) provide trade unions and other representative bodies of employees complete and accurate information, necessary for the conclusion of a collective agreement (the agreement) and the monitoring of its implementation;
13) ensure the access of trade unions and other representative bodies of workers at the enterprise and jobs, including in the investigation of accidents in the workplace (work), as well as assist them;
14) establish and ensure the functioning of the archive documents confirming labor activity of employees, wage information for retention on State pension insurance, as well as transmit the relevant documents to public storage in the manner prescribed by the legislation of Turkmenistan;
15) ensure adequate registration procedure for admission, dismissal orders, move workers;
16) to ensure the preservation and recording of personal data of employees, as well as in accordance with article 30 of this code safety and accounting work books, correctness of reference entries in them;
17) does not disclose personal information of employees and information about them;
18) create conditions to ensure the participation of workers and Trade Union bodies in the management of the enterprise in the manner prescribed by the legislation of Turkmenistan;
19) to assist Trade Union bodies to organize their work in the enterprise, as well as to ensure the necessary conditions for their work, the holding of general meetings (conferences), other events;
20) provide social workers, medical and other services associated with the performance of their duties;
21) to state pension insurance of employees in the order established by the legislation of Turkmenistan;
22) to review the requirements of public administration bodies, public oversight and public scrutiny about violations of labor laws of Turkmenistan, to take measures to eliminate them and to report to specified bodies on the measures taken;
23) to indemnify (damage) caused by the employee in connection with the performance of their duties, in the manner and under the conditions laid down by the legislation of Turkmenistan;
24) suspend if it continued to pose a threat to life and health of the worker;
25) to carry out other duties stipulated by the labour legislation of Turkmenistan, an employment contract, collective agreement (the agreement).
3. In labour relations, rights and duties of the employer are carried out by a natural person, the management body of the legal entity or person authorized by him in the manner prescribed by the legislation of Turkmenistan, as well as the founding documents.
(As amended by the law of Turkmenistan on June 22, 2013 and from November 8, 2014-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014 g, no. 4, p. 151), SECT. III. The EMERGENCE, CHANGE and TERMINATION of EMPLOYMENT Chapter 1. Employment contract Article 15. Basis of employment relationship 1. Rise to labour relations is an employment contract between the employee and the employer in accordance with this code and other normative legal acts of Turkmenistan.

Actual admission of persons to work with or on behalf of the employer or his or her representative, regardless of whether an employment contract duly decorated, also constitutes a basis for labour relations.
2. Rise to employment relationships in the cases and pursuant to the procedure established by the present code and other normative legal acts of Turkmenistan or Charter (provision) of the enterprise is also: 1) election of the person for an elective post;
2) election of person to contest for the post;
3) appointment of a person to a post or approval;
4) sending a person to work the public authorities at the expense of the quota;
5) appointment of a person to the Office after the expiry of a period of military service and service in internal affairs agencies on call at the end of the term in elected bodies, the completion of the study or work in the employer's employment, including abroad;
6) reinstatement by court order of a person unlawfully dismissed.
 
Article 16. Employment contract and conclusion 1. An employment contract is an agreement between an employer and an employee, setting out the main reciprocal rights and obligations of the parties in labour relations, in accordance with which the employer shall provide the employee with work (place of work) on the resulting from work and provide working conditions, stipulated by the present code and other normative legal acts of Turkmenistan, in due time and in full amount to pay and the employee agrees to perform certain duties that contract to abide by the rules of the internal labour schedule enterprises and other legal obligations under an employment contract, collective agreement (the agreement).
The employment contract is through the issuance of an order the employer of hiring a person on account of his written statement.
2. conclusion of a contract of employment between the employer-a natural person using hired labour, and the employee is made in the manner provided for in articles 288-300 of this code.
3. When entering into an employment contract with the persons referred to in the second part of article 15 of the present Code, the employee's statement is not required.
4. Not a labour contract may be concluded with a person unless pursuant to an enforceable court judgement he stripped of the right to hold a certain period a certain post or engage in a certain activity, prior to expiration.
 
Article 17. Signs of an employment contract labour contract of hallmarks of other kinds of contracts are: 1) the employee work for a specific profession, skill or position in accordance with the instructions;
2) duties with subordination of the internal labour schedule Enterprise;
3) receipt of employee wages in accordance with the quantity and quality of work, complexity of the work to be performed;
4) availability of labour conditions prescribed by labour legislation of Turkmenistan.
 
Article 18. Term employment contract 1. Employment contracts may be: 1) indefinite (indefinite);
2) for a certain period of time (term), but not more than five years.
2. Fixed-term employment contract is where labour relations are not of a permanent nature or cannot be set for an indefinite period taking into account the nature of the work to be undertaken or the conditions of its execution, unless otherwise provided by the present code and other normative legal acts of Turkmenistan.
3. Fixed-term employment contract may be: 1) for replacement of the missing worker temporarily in accordance with the labor laws of Turkmenistan remains a place of work;
2) to carry out urgent work to prevent accidents, accidents, catastrophes, epidemics, epizootics, and also to address the implications of these and other extraordinary circumstances;
3) persons sent to work abroad;
4) for the duration of the temporary (up to 2 months), as well as seasonal work, when due to natural conditions of work can only be done within a certain period of time (season);
5) persons coming to work at enterprises in areas with severe or specific climatic conditions (arid, desert), if it is connected with the move to the place of work;
6) persons coming to work for employers-small business subjects, as well as to employers-individuals;
7) for carrying out the works that go beyond the ordinary activities of the enterprise (reconstruction, mounting, starting-up and adjustment and other works), as well as for carrying out works related to knowingly temporary (up to one year) or expansion of production volume of rendered services;
8) persons coming to work at the enterprise created at a certain period of time or knowingly to perform predetermined work;
9) of persons taken to perform certain work deliberately, in cases where its execution (conclusion) may be defined by a specific date;
10) for works that are directly linked to the training and professional education of the worker;
11) persons enrolled at the daily forms of training;
12) with persons working for that undertaking part-time;

13) with pensioners by age as well as persons who, for reasons of health in accordance with medical findings allowed exclusively temporary nature;
14) with creative media, cinematography, theatre, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performed works by professional athletes;
15) with scientific, pedagogical and other employees who had employment contracts for a fixed term as a result of the competition, conducted in the manner prescribed by the legislation of Turkmenistan, a normative legal act of a public authority and control of the local government or local authorities;
16) in the case of election to a specific term in the composition of the electoral body or elective post on paid work, as well as work related to the immediate provision of activity of members of elected bodies or officials in State Executive and administrative bodies, local authorities and local self-government, as well as in political parties and other public associations;
17) persons aimed at temporary work by a public authority (service) employment, including on public works;
18) with heads, Deputy Heads and Chief Accountants of enterprises, regardless of their legal form and form of ownership.
4. If the contract is not ogovorën, then the contract is concluded for an indefinite period of time.
5. If neither side demanded the dissolution of the fixed-term employment contract in connection with the expiration of his term, and the employee continues to work after the expiry of the contract of employment, the employment contract is concluded for an indefinite period of time.
6. Employment contract concluded for a definite period in the absence of sufficient grounds to established authority, exercising State supervision and monitoring of compliance with labour legislation of Turkmenistan or by a court is deemed to be concluded for an indefinite period.
7. it is prohibited to conclude fixed-term contracts of employment in order to evade providing the rights and guarantees provided for employees, which is an employment contract for an indefinite period.
(As amended by the law of Turkmenistan on June 22, 2013 and August 18, 2015-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 19. Prohibition of work in progress, not caused by employment duties, the employer may not demand from the worker performing work not resulting from labor obligations, except as expressly provided for by the legislation of Turkmenistan.
 
Article 20. Entry into force of the labour contract 1. An employment contract shall enter into force on the date of signature of the employer an order (orders) issued on the basis of a written application of the person coming to work, unless otherwise provided by the labor laws of Turkmenistan, an employment contract, collective agreement (Agreement), or from the date of the actual admission of employee to work (service) or with the consent or at the direction of the employer (authorized representative).
2. A contract of employment concluded between an employer-a natural person using hired labour, and the worker shall enter into force on the date of its signature by the employer and the employee.
 
Article 21. Invalidity of employment contract 1. The employment contract is declared null and void if it is signed: 1) under the influence of fraud, threats, violence and other forms of coercion;
2) for type, without the intention of creating legal effects (the imaginary work contract);
3) a person who is not able to understand the significance of his actions;
4) by a person recognized in the prescribed manner incompetent due to mental illness or dementia.
2. the invalidity of an employment contract is recognized by the Court.
 
Article 22. Collaboration limitations (service) relatives 1. Joint work is prohibited (service) on the same state between themselves persons in close relationship or property (parents, spouses, brothers, sisters, sons, daughters, parents, brothers, sisters and children of spouses), if their job (service) is associated with direct (direct) podčinënnost′û or control one of them other than elective classes.
2. Exceptions to this rule may be determined by the law of Turkmenistan.
 (As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, art. 45) 2. Conclusion of an employment contract, article 23. The age of a labour contract may be concluded 1. Conclusion of an employment contract is a person who has reached the age of sixteen.
2. A contract of employment may be concluded with a person who has reached the age of fifteen years, only with the consent of one of the parents (guardian).
3. organizations of cinema, theatres, theatres and concert organizations, circuses is allowed with the consent of one of the parents (guardian) and permission of the Department of custody and guardianship conclusion of an employment contract with persons who have not attained the age of fifteen years to participate in the creation and (or) execution of works do not cause harm to their health or moral development.
Employment contract on behalf of the employee in this case shall be signed by the parent (guardian).

4. consent and authorization for the conclusion of a contract of employment to persons referred to in the second and third parts of this article are given in writing.
5. involve learners to work allowed by contract with reduced duration of working time, in accordance with article 60 of this code.
 
Article 24. When entering into an employment contract guarantees 1. Prohibits unjustified refusal to conclude an employment contract. For unjustified refusal by employers, or their authorized persons are accountable, established by the legislation of Turkmenistan.
2. the refusal to conclude an employment agreement is unreasonable with respect to: 1) persons assigned to work the public authority (service) employment quota in jobs, if according to the conclusion of the health care they are not allowed to perform the relevant duties;
2) persons having a written invitation to the job (service) transfer to another enterprise by agreement between employers within one month from the date of the dismissal to the former employment;
3) persons arriving after graduation to work (service) in accordance with the request of the employer or the prisoner with him;
4) persons entitled to the conclusion of an employment contract on the basis of a collective agreement (the agreement);
5) women for reasons connected with pregnancy, as well as with children under three years of age (disabled children up to 16 years of age);
6) persons with disabilities, if the medical examiner to conclude their health does not prevent you from performing professional duties and does not threaten the health and safety of others;
7) persons in explanation of discrimination in labour relations in accordance with part one of article 7 of this code.
8) military conscripts arrived within three months after the retirement of the business from which they were called up for military service.
3. at the request of a person who refused to conclude an employment contract, the employer must, not later than three days after his appeal to inform the reason in writing. Refusal a reasoned justification for the refusal to conclude an employment contract may be appealed in court.
(As amended by the law of Turkmenistan dated January 1, 2010, June 22, 2013 and November 8, 2014-Statements of the Mejlis of Turkmenistan, 2010, no. 1, art. 6; 2013, no. 2, p. 45, 2014, no. 4, p. 151) article 25. Documents required when entering into an employment contract 1. When entering into an employment contract, a person must submit to the employer: 1) citizen's identity document (passport or substituting document, certificate of birth for persons under the age of 16 years);
2) document the military accounting for reservists and persons liable to conscription;
3) work book, except where the employment contract is for the first time or if the employee comes to work part-time;
4) diploma or other document on education, qualifications or expertise to work in accordance with the legislation of Turkmenistan, special education or special training;
5) medical report on the health and other documents for confirmation of other circumstances related to work if their presentation provided by the legislation of Turkmenistan.
2. When entering into an employment contract, the employer may not demand documents not stipulated by this code.
3. In individual cases, taking into account the specificity of a State or other work (service) laws of Turkmenistan when entering into an employment contract may provide for the need for presentation of additional documents.
 
Article 26. Registration of employment 1. Recruitment shall be formalized by the employer issued based on the application of the person coming to work.
Registration for the work an employee to an employer-individual is the conclusion of a contract of employment between them in accordance with paragraph 2 of article 16 of the present code.
2. order the employer job declares the employee a receipt in a three-day period.
3. at the request of the employee, the employer is obliged to issue a duly certified copy of the specified order (orders).
4. When hiring, the employer is obliged to: 1) familiarize the employee work assignments in accordance with the job description, conditions and pay, to explain his rights and obligations;
2) familiarize the employee collective agreements (agreements) and the documents regulating the internal labor schedule;
3) instruct the employee on safety, occupational hygiene, fire safety and other requirements.
 
Article 27. Commencement of the employment contract 1. The beginning of the employment contract is specified in an order (contract) the date on which the employee is obliged to assume his duties.
2. In the absence of a duly executed order (of contract) job actual assumption of the employee to the work is the beginning of the employment contract. The order for receiving employee must be issued no later than three calendar days from the date of the actual admission to work.
3. If the employee has not started work after seven calendar days after the due date without valid reasons, the employment contract is not concluded.

(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) article 28. Probationary contract of employment 1. When entering into an employment contract by agreement of the parties in order to determine whether an employee assigned him the work of probation can be installed. The probationary period shall not exceed three months, and for Chief Executives and their deputies, Chief accountants and their deputies, heads of branches, representative offices and other isolated structural subdivisions of enterprises-six months, unless otherwise prescribed by the legislation of Turkmenistan.
The probationary period shall not be considered the period of temporary incapacity and other times its actual absence.
2. Condition of probation must be specified in employment. The absence of the order (disposal) conditions of probation means that the employee adopted without prior testing.
3. During the trial period for an employee subject to the labor laws of Turkmenistan, as well as the terms of a collective agreement (the agreement).
Trial period count towards seniority.
4. When concluding an employment contract is not set for trial period: 1) persons under the age of eighteen years;
2) commercial institutions of secondary and higher vocational education, and to directions coming to work according to their speciality;
3) with disabilities;
4) temporary and seasonal workers;
5) pregnant women and women with children under three years of age (disabled children up to 16 years-);
6), translated to another job in another location or to another employer;
7) persons sent to work on a competition to fill the position, held in accordance with the legislation of Turkmenistan;
8) persons elected to elective paid work;
9) persons invited to work in the transfer from another employer by agreement between employers;
10) in other cases stipulated by the legislation of Turkmenistan.
5. an employer may terminate an employment contract with an employee not have stood tests prior to the expiration of the probationary period, notifying him about this in writing no later than three calendar days prior to the termination of an employment contract. In doing so, the employer is obliged to state the reasons giving rise to the recognition of an employee not have stood the test. The employer's decision may be appealed to a court employee.
6. If the contract of employment was not terminated during the probationary period, the employee is considered to have stood trial, and subsequent termination of the employment contract is permitted only on a common basis.
7. If the test period an employee will come to the conclusion that the proposed work is not suitable for him, then he has the right to terminate the employment contract on their own, notice to the employer in writing within three calendar days.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) article 29. Medical examination when entering into an employment contract of compulsory preliminary medical examination when entering into an employment contract shall be persons who have not attained the age of eighteen, as well as other persons in the manner prescribed by articles 251 and 187 of this code.
 
Article 30. Work book 1. Work book is the basic document on the employment of the employee.
2. Work-book has an established pattern. Form, procedure for issuing, maintenance and retention of labor books, as well as the procedure of manufacturing blanks work books and ensure their employers are established by the Cabinet of Ministers of Turkmenistan.
3. the employer (except for employers-individuals) must, in accordance with established procedures, maintain employment records for each employee who completes the enterprise for more than five days in case the job (service) is the main employee.
Employment records of individuals, duly registered as an individual entrepreneur, carrying out business activity without establishment of legal entity, are maintained by the relevant tax authorities in accordance with the legislation of Turkmenistan.
4. In the work book made employee information, employment, transfers to another job on election in elective bodies, dismissal of the employee, as well as the base of the termination of the employment contract, on awards and encouragements employee other information in accordance with the legislation of Turkmenistan. Information about liens in the employment record book is not, except in cases where a disciplinary dismissal.
The worker's request for information on the work of the part-time employment record book shall be entered in at the place of substantive work on the basis of a document certifying the job part-time.
In employee labor book also writes with an indication of the registration number of the personal pension insurance.
5. in those cases where the work book filled with all the pages of at least one of the sections, work book in accordance with the established procedure is complemented by a liner.

6. Record of termination shall be made in the employment record book in accordance with the provisions of this code with reference to the relevant part of paragraph and article of the present code and other normative legal acts of Turkmenistan.
(As amended by the law of Turkmenistan on June 22, 2013 and November 8, 2014-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 4, p. 151) 3. Working conditions. Change of terms of employment contract Article 31. Working conditions 1. Under working conditions refers to the combination of the legal, social and technical factors required for the implementation of employee work activities (work, service). These include: job (working place), the size and conditions of remuneration, benefits, the name of the profession, skill, job title, work and rest time regime, combining professions, leave, compensation and payments, health and safety, industrial, domestic and other working conditions.
2. Working conditions are set by the labor laws of Turkmenistan, as well as the agreement of the parties to the employment contract and collective agreement (the agreement).
 
Article 32. Changing working conditions 1. You can change the working conditions established by agreement of the parties to the employment contract and collective agreement (the agreement), in connection with changes in the Organization of production and work while continuing to work for the same profession, skill or job title. On the change of conditions of employment, the employee must be informed no later than one month prior to their occurrence.
If the previous conditions of work cannot be saved, and the employee does not agree to the continuation of work in new conditions, the employment contract is terminated in accordance with paragraph 1 of article 39 of this code.
2. changing working conditions allowed, at the request of one of the parties to the employment contract, with the agreement of the other party. About changing the working conditions of one of the parties must be notified in writing no later than one month.
3. the employer shall have the right to change the conditions of employment of an employee in the continuation of its work (services) for the same profession, skill or position that is defined in the employment contract. On the change of conditions of employment, the employee must be informed in writing at least one month.
If changes in the Organization of production and labour, work volumes may entail massive layoffs of workers, the employer, in order to preserve jobs may in consultation with the Trade Union or other representative body of workers of the enterprise to change the working conditions of employees without complying with the prescribed period of notice. The duration of working time cannot be less than half the monthly multiyear average working time and wage-less than minimum wages rate established by the legislation of Turkmenistan.
4. The employee is entitled to require from the employer changes conditions of employment in cases stipulated by the labor laws of Turkmenistan, as well as the agreement of the parties to the employment contract. The employee's statement on changing working conditions should be considered the employer not later than three days after its submission.
5. do not change working conditions can be imposed, which adversely affect the employee's position compared with the terms of a collective agreement (the agreement).
6. modification of the conditions of employment shall be formalized by the employer under a painting worker.
7. An employee has the right to appeal in court the employer change working conditions. The proof of the impossibility of maintaining the previous working conditions lies with the employer.
 
Article 33. Transfer to another permanent job and move 1. Transfer to another permanent job at the same company on the initiative of the employer, i.e. changing the work or working conditions, as well as the translation into a permanent job to another company or to another locality together with the enterprise is allowed with the written consent of the employee.
2. Transfer to another job at the same company on the initiative of the employer shall be carried out only with the written consent of the employee, except in the cases referred to in articles 34, 36 of the present code.
3. The employer must offer the employee corresponding to his profession and job qualifications, while its absence-a work available in the enterprise, if the transition to another job involves: 1) with downsizing or workforce due to changes in production technology, work organization, reducing the volume of work;
2) with the reinstatement of an employee, who was previously the full-time.
4. Employee in need in accordance with medical findings in the provision of alternative employment, the employer is obliged with his consent to transfer to other available work, not harmful to him for health reasons.
5. In case of refusal of the employee to be transferred or no employer shall terminate the employment contract of the relevant work (dissolved) in accordance with paragraphs 3-5 of the first paragraph of article 39 of this code.
6. transfer to another enterprise is carried out with the consent of the employee by agreement between employers.
7. Transfer to another permanent job shall be formalized by the employer.

8. Not a transfer to another job and does not require the consent of the employee to move him to another position at the same company, another structural unit in the same area, the order of work on another mechanism or unit for the same profession, skill or position resulting from the employment contract.
9. it is not allowed to transfer: 1) the employee to another job, it is harmful for health reasons;
2) a skilled worker-for unskilled work.
 
Article 34. Temporary transfer to other work in connection with operational requirements 1. Where production requires an employer has the right to transfer an employee without his/her consent, for a period of up to one month on the job, not specified by an employment contract (in another profession, qualifications, etc.) at the same company, in the same area. By agreement of the parties, the term of such a transfer may be increased, but not more than three months of the year, except for replacement of the missing worker.
Such transfer is allowed to prevent or deal with the consequences of an immediate disaster, industrial accident, to prevent accidents, downtime, destruction of or damage to property, as well as for the replacement of a missing worker. In doing so, the employee could not be reassigned to work, it is harmful for health reasons.
2. The temporary relocation of industrial accident or the liquidation of the consequences of a natural disaster can be performed for another employer except with the consent of the employee and in agreement between employers.
3. The temporary relocation due to operational necessity in another locality is allowed only with the consent of the employee.
4. In case of temporary relocation due to operational necessity to pay is made on the job, but not lower than the average salary in the former work, and for professionals, do not comply with the rules or translated on time-based paid work, their wage rate (salary).
5. the temporary reassignment shall be formalized by the employer stating the period of transfer.
6. Upon termination of the temporary relocation, the employer must provide a worker jobs (post).
7. The employee with written consent may be temporarily transferred to work lower qualifications.
8. In the case of temporary replacement of absent employee transfer skilled worker unskilled work is not allowed.
 
Article 35. Temporary transfer to another job at the request of the employee 1. Temporary transfer to another job for a good reason can be made at the request of an employee, who is subject to the satisfaction of the employer.
2. the list of valid reasons for temporary relocation, as well as the procedure for remuneration upon transfer to another job may be established in a collective agreement (the agreement), or be determined by the employer in agreement with the employees ' representative body.
3. The temporary relocation of employees at a light or unfavourable factors of job for health reasons, as well as a temporary transfer to a similar work of pregnant women, women with children under three years of age (disabled children up to 16 years-) with the retention of the average wage in the previous work.
 
Article 36. Temporary transfer to another job in the event of downtime 1. Outage recognizes temporary lack of work because of industrial or economic reasons (failure of equipment, machinery, lack of raw materials, electricity, etc.).
2. Temporary transfer to another job in the event of downtime should be subject to a profession, qualifications, post of the employee for the duration of the downtime at the same employer, and for up to one month to another employer, but in the same area.
3. When temporary transfer in case of downtime on a lower paid job for workers who perform standards, an average wage for jobs and workers, do not comply with the rules or translated into time-based paid work, their wage rate (salary).
 
Article 37. Labor relations in change of the owner of the company, changing its affiliation (subordination), restructuring, enterprise rent 1. When you change the owner of the enterprise the new owner no later than three months from the date of occurrence of the right of ownership shall be entitled to terminate the employment contract with the head of the undertaking, his deputies and the Chief Accountant.
2. Change of ownership of the enterprise does not constitute grounds for termination of employment contracts with other employees.
3. change of affiliation (affiliation) of the enterprise, its reorganization (merger, accession, Division, separation, transformation), enterprise rent may not be grounds for termination of employment contracts with employees.
4. The termination of an employment contract by the employer in cases provided for by the second and third parts of this article, is only possible when downsizing or workforce with the required compliance with the guarantees laid down in this code.
The downsizing or workforce in these cases are only permitted following the posting of changes to these State registration of the enterprise.

5. upon refusal of employee from continuing work in the cases provided for by the second and third parts of this article, the employment contract is terminated in accordance with paragraph 5 of the first paragraph of article 39 of this code.
 
Article 38. Suspension 1. The employer is obliged to suspend from work (prevent) employee: 1) is not in the prescribed manner training and testing of knowledge and skills in the field of health and safety;
2) are not held in accordance with the established procedure compulsory preliminary or periodic medical examination;
3) legally in accordance with medical findings, contraindications for performing work arising from the employment contract;
4) does not use required personal protective equipment when performing work associated with increased risk;
5) appeared at work is in condition of alcohol, narcotic or toxic inebriation;
6) not established medical institution vaccinated against dangerous diseases, with the danger of proliferation in the area of activity of the employer;
7) violated the established regime of special zones (border, customs and other);
8) does not have access to specially protected zone, where the object of the work of the employer (border, protected and others);
9) at the request of the authority or an authorized officer in the cases stipulated by the legislation of Turkmenistan;
10) in other cases stipulated by the legislation of Turkmenistan.
2. a person suspended (not allowed) for the entire period of time to eliminate the circumstances which were the basis for suspension or exclusion from work.
3. During the period of suspension from work (prevent) the wages an employee is not charged, except for the cases stipulated by the legislation of Turkmenistan. In cases of suspension of an employee, failed through no fault of their own training and testing of knowledge and skills in the field of health and safety as either mandatory preliminary or periodic medical examination, has not received access to the specially protected zone it payment for all time the suspension as demurrage.
 
Chapter 4. Termination (termination) employment contract Article 39. Common ground for termination (termination) of the labour contract 1. Grounds for termination (termination) of the employment contract are: 1) the refusal of the employee from continuing work in connection with changes in the conditions of the employment contract pursuant to article 32 of the present code;
2) transfer of an employee at his request or with his consent in another continuing work for another employer in accordance with part six article 33 of the present code;
3) refusal of the employee to be transferred to another job, not harmful to him for health reasons based on medical opinion or lack of employer related work under part 5 of article 33 of the present code;
4) refusal of the employee to be transferred to work in another locality, is being moved to an employer under part 5 of article 33 of the present code;
5) refusal of the employee from continuing work in connection with the change of the owner of the enterprise, change of jurisdiction (subordination) of the enterprise, its reorganization, enterprise rent, in accordance with article 37 of the present code;
6) an agreement of the parties in accordance with article 40 of this code;
7) initiative (own desire) worker in accordance with article 41 of this code;
8) initiative of the employer, in accordance with article 42 of this code;
9) Trade Union body in accordance with article 46 of this code;
10) circumstances that do not depend on the will of the parties, in accordance with article 47 of the present code;
11) expiration of fixed-term employment contract, as well as the grounds set forth in paragraph 1 of article 48 of this code, except where the employment relationship is in fact continue and neither side demanded their termination;
12) violation of the labour legislation of Turkmenistan, if this infringement exclude the possibility to continue work in accordance with clause 49 of the present code.
2. A contract of employment may be discontinued and on other grounds stipulated by the present code and other normative legal acts of Turkmenistan.
 
Article 40. Termination (termination) of employment contract by agreement of the parties to an employment contract may be terminated (avoided) by written agreement of the parties to the employment contract at any time.
 
Article 41. Termination of employment contract on initiative of employee 1. An employee is entitled, on its own initiative to terminate an employment contract made for an indefinite period, as well as a fixed-term employment contract prior to the expiry of its term, written notification of the employer for two weeks. Upon expiry of the warnings about dismissal of the employee is entitled to stop working and the employer must give the employee work book and perform a calculation with him.
2. By agreement of the parties to an employment contract may be canceled before the expiry of the warnings of dismissal.
3. during the period of warning of dismissal provided for in paragraph 1 of this article or by agreement of the parties, the employee is entitled to withdraw the application.

If upon expiry of the warnings of dismissal an employment contract with an employee has not been terminated and the employment relationship continues, the Declaration of avoidance of the contract of employment at the initiative of the employee ceases to be in force, and termination of employment and dismissal is not allowed.
4. In cases where a declaration of avoidance of the contract of employment at the initiative of the employee due to the impossibility of continuation of its work (enrollment in an educational institution electing to elected Office and in other cases stipulated by the legislation of Turkmenistan), the employer shall terminate the employment contract within the period specified in the statement of the worker.
 
Article 42. The termination of the employment contract by the employer 1. The employment contract can be terminated on the initiative of the employer in the following cases: 1) liquidation or cessation of activities the employer is a natural person;
2) downsizing or workforce, including due to changes in production technology, work organization, reduced volumes of work;
3) inconsistency employee Office or work in connection with the insufficient qualifications, including confirmed the results of the appraisal;
4) change of owner of the enterprise (against the head of the enterprise, its deputies and the Chief Accountant) in accordance with paragraph 1 of article 37 of the present code;
5) absenteeism during more than four months in a row due to temporary incapacity for work, not counting the period of maternity leave, if the legislation of Turkmenistan does not set more long term saving place of work (position) at a certain disease. For employees, have lost the ability to work in an employment injury or occupational disease, place of work (position) is maintained until rehabilitation or the establishment of disability;
6) systematic failure by the employee without good reason duties assigned to it by the employment contract or the rules of the internal labour schedule enterprises if an employee previously applied disciplinary measures;
7) truancy, including absence from work without valid reason for more than three hours during the working day;
8) occurrence at work is in condition of alcohol, narcotic or other toxic substances;
9) disclosure of protected secrecy legislation of Turkmenistan (public, commercial, or other), which became known to the employee in connection with the performance of employment duties;
10) commit workplace theft, embezzlement, its intentional destruction or damage to established entered into legal force court verdict or order of authority, which is responsible for the imposition of administrative penalties;
11) employee violations of occupational safety requirements if this violation entailed serious consequences (industrial accident, crash, disaster) or knowingly created a real threat of such effects;
12) while revealing the fact of submission of an employee of an employer fake documents or false information when entering into an employment contract;
13) contractual with the head of the undertaking, the members of the executive body of the company;
14) in other cases stipulated by this code.
2. Employer when downsizing or State employees must offer the employee another available work (vacant post) on the same plant, the appropriate qualifications.
3. it is not allowed to dismiss an employee on the initiative of the employer (except in the case of liquidation or cessation of activities the employer is a natural person) during the period of his temporary disability and stay on vacation (except in the cases specified in paragraph 5 of part one of this article).
4. In case of termination of activity of branch offices, representative offices, or a separate structural unit of an enterprise (hereinafter referred to as the Office) located in another locality, termination of employment contracts with the employees of these units is performed according to the rules laid down for cases in liquidation of the enterprise.
(As amended by the law of Turkmenistan on June 22, 2013 and November 8, 2014 year Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 4, p. 151) article 43. Additional grounds for the termination of the employment contract with individual categories of employees the additional bases of termination of the employment contract with individual categories of employees are: 1) single gross violation of duties by the head of the enterprise (units), his deputies and workers, bearing disciplinary liability in accordance with their statutes;
2) adoption of unjustified decision by the head of the enterprise (units), his deputies and the Chief Accountant, which caused damaging of property, unlawful use of it or other damage (damage) to the enterprise;
3) committing illegal acts by an employee directly serving money or other valuables, as well as offences related to corruption or creating conditions for corruption, public servant or person equivalent thereto, if they give rise to a loss of confidence in the persons on the part of the employer;

4) committing worker performing educational functions, immoral transgression incompatible with the continuation of this work;
5) direction of the employee on the basis of a court order, which entered into force in a special rehabilitation centre;  
6) other reasons in accordance with the legislation of Turkmenistan and the terms of the employment contract.
(As amended by the law of Turkmenistan on June 22, 2013 and May 3, 2014-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 2, art. 76) article 44. Warning of the termination of employment by the employer 1. The employer is obliged in writing (under painting) warn the worker of its intention to terminate the employment contract on the following dates: 1) no later than two months upon termination of the employment contract in connection with the liquidation of the enterprise or the termination of the employer physical person as well as downsizing or workforce (including in connection with changes in the technology of production, work organization, reduced volumes of works);
2) no later than two weeks when the termination in connection with discrepancy of the worker job because of insufficient qualifications;
3) no later than two weeks prior to the expiration of a fixed-term employment contract.
2. By agreement between the employee and the employer warning provided for in paragraph 1 of this article may be replaced by monetary compensation in the amount of the average salary, corresponding to the duration of the warning.
3. No warning is produced when termination in connection with discrepancy of the employee work due to health, if the medical evidence in this work it is contraindicated.
4. Upon termination of an employment contract with the head of the undertaking, his deputies and the Chief Accountant in connection with the change of the owner of the company, the new owner shall (paintings) not less than two months to alert Manager, his Deputy and the Chief Accountant of the impending termination of the employment relationship.
5. In cases of termination of employment contract by the employee in connection with the Commission of illegal acts referred to in paragraphs 6-12 of the first paragraph of article 42 of the present Code, the employer is not less than three calendar days shall notify the employee of the termination of the employment relationship.
6. Employer not less than two months before the release of the workers, in accordance with paragraph 1 of this article shall transmit to the Trade Union or other representative body of employees information about the forthcoming release of workers and is holding consultations aimed at mitigating the impact of the release. The employer must also not later than two months to bring to the attention of the local authority (services) employment data about the upcoming release of each employee showing his age, sex, profession, skills and wages.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 45. Harmonization of termination (termination) of the employment contract by the employer with the Union body or other representative body of employees 1. Termination (termination) of the labour contract on the initiative of the employer, except in cases provided for in paragraphs 1, 4, 9, 10, 12-14 of the first paragraph of article 42 of this code, is not permitted without the prior consent of the Trade Union body or other representative body of employees.
Prior approval of the relevant trade union or other representative body of employees on the termination of the employment contract by the employer is not required in the following cases: 1) dismissals from enterprises where no trade union or other representative body of employees;
2) dismissal of executives, elected, appointed or approved by the public authorities and management as well as community organizations and other associations of citizens, business leaders (its branches, representative offices, offices and other separate subdivisions), alternates.
2. Trade Union body or other representative body of employees shall inform the employer in writing of the decision on the question of consent to termination of an employment relationship with the employee within 10 days from the date of receipt of the written submission of an official who has the right of termination (termination) employment contract.
3. the employer shall have the right to stop (terminate) an employment contract not later than one month from the date of the adoption of the Union body or other representative body of workers of the decision to consent to the termination of the employment relationship with the employee.
4. When carrying out the assessment, which may serve as grounds for dismissal in accordance with paragraph 3 of article 42 of this code, in the composition of the attestation Commission necessarily included a representative from the relevant trade union or other representative body of employees.
5. Termination (termination) by the employer for breach of contract of employment the employee labour discipline is not allowed after the expiry of the periods established for disciplining.
(As amended by the law of Turkmenistan on June 22, 2013 and November 8, 2014-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 4, p. 151)
 

Article 46. Termination of employment contract upon the demand of the Trade Union body on demand Trade Union body (ètrapskogo), the employer is obliged to terminate the employment contract with an employee or remove him from his post, if he violates labor legislation of Turkmenistan does not comply with the obligations under the collective agreement (the agreement).
 
Article 47. Termination of employment contract due to circumstances beyond the control of the will of the parties 1. The employment contract shall be subject to termination under the following circumstances independent of the will of the parties: 1) call or employee for military service, the direction of the worker to work, which is due to the legislation of Turkmenistan on military conscription and military service;
2) reinstatement of the employee previously carried this work, at the decision of the authorized body or the Court;
3) transition to elected Office;
4) non appointment;
5) recognition of totally disabled worker in accordance with medical findings;
6) conviction of an employee to the punishment without the continuation of previous work, in accordance with the verdict of the Court, which entered into legal force;
7) death of an employee or an employer who is a natural person, the announcement by the Court of their dead or recognition of their missing;
8) in the case of recognition of a court employee or employer who is a natural person declared incapable or of limited legal capacity, if it excludes the possibility of continuing to work for them;
9) onset of emergencies, preventing continuation of the employment relationship (military actions, disaster, natural disaster, epidemic, major accident and other extraordinary circumstances), if this fact is recognized by decision of the Cabinet of Ministers of Turkmenistan;
10) cessation of access to State secrets, if the work requires such admission.
11) at termination or expiry of the work permit on the territory of Turkmenistan, issued by bodies of the State migration service of Turkmenistan to foreign nationals.
2. the date of the termination of the employment contract on the bases prescribed in paragraphs 6-8 of the first paragraph of this article, is the date of the entry into force of the sentence or judgment of the Court, the date of death or date of announcement in the prescribed manner persons dead or missing recognition.
3. The termination of an employment contract on the basis specified in paragraph 2 of the first paragraph of this article is allowed, if it is not possible to transfer an employee with his or her consent.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) article 48. Termination of fixed-term employment contract 1. Fixed-term employment contract may be discontinued on grounds provided for by articles 39-47 of this code, as well as from the date of return to work temporarily absent employee, which remains a place of work (position).
2. Employment contract signed with the employee for a period of time or knowingly to perform certain work deliberately during the urgent work to prevent accidents, accidents, catastrophes, epidemics, epizootics, and also to deal with the consequences of those circumstances and other emergencies for the duration of the works connected with the expansion of the volume of production or provision of services for the period of the reconstruction, installation, starting-up and adjustment and other works , (dissolved) in accordance with the condition of the Treaty at the end of such circumstances.
 
Article 49. Termination of employment contract due to violation of the provisions of the labour legislation of Turkmenistan when entering into an employment contract 1. The employment contract is terminated as a result of breaches of this code or other normative legal acts of Turkmenistan rules his detention if violating these rules precludes the possibility of continuing to work in the following cases: 1) conclusion of an employment contract in the failure to execute a court judgment concerning the deprivation of a person of the right to occupy certain positions or engage in certain activities;
2) conclusion of an employment contract to perform the work commence the person for reasons of health in accordance with medical findings;
3) lack of appropriate educational or skill, if the work requires special knowledge and skills in accordance with laws or other normative legal acts of Turkmenistan;
4) in other cases stipulated by the legislation of Turkmenistan.
2. The termination of an employment contract in the cases specified in paragraph 1 of this article, if you cannot bring a worker with his or her written consent to another employer's work available.
3. Upon termination of an employment contract in the cases specified in paragraph 1 of this article, the employer shall pay the employee severance pay at the rate of two weeks ' average salary, if the breach of contract rules allowed through no fault of the employee.
 
Article 50. Preferential right of abandonment if termination in connection with the downsizing or workforce
 

1. in case of termination of an employment contract because of downsizing or workforce, including in connection with changes in the technology of production, labour organisation, reduction of quantities, a change in the nature of work, the right of priority to leaving at work is available to workers with higher qualifications and productivity.
2. When equal qualifications and productivity a priority right to the abandonment of the work is given to: 1) person who is a veteran in accordance with the legislation of Turkmenistan;
2) a disabled person since childhood;
3) an employee who has completed on this enterprise not less than ten years;
4) face of pre-pensionable age (two years before the pension);
5) person receiving employment injury or occupational disease in the enterprise;
6) employee has two or more dependants;
7) the person who is the sole breadwinner in the family;
8) employee, part-time student at an educational institution;
9) a person injured as a result of radiation catastrophe;
10) young specialist to work after graduating from higher or secondary professional education.
For the purposes of this code, an employee who has completed secondary vocational or educational institution of higher professional education and received specialty recruited in within two years is considered a young professional.
3. A collective agreement (the agreement) may foresee other circumstances under which preference in the abandonment of workers at work. These circumstances are taken into account, if the workers in accordance with paragraphs 1 and 2 of this article shall not have the right of first refusal to the abandonment at work.
(As amended by the law of Turkmenistan on March 26, 2011 and August 18, 2015-Statements of the Mejlis of Turkmenistan, 2011, no. 1, p. 26) Article 51. Registration of termination (termination) of the labour contract 1. Termination (termination) of the labour contract is individuals with employment law or authorized persons, and issued their order.
2. The day of termination (termination) an employment contract is the last day of work (except in the cases referred to in part 3 of article 106 of the present Code). If the last day falls on a day of rest or on a holiday or a non-business day, the last working day is considered the first next working day.
3. The order of the employer should be specified termination (termination) of employment contract in accordance with the provisions of this code with reference to the relevant part of paragraph and article of the present code and other normative legal acts of Turkmenistan.
4. in case of termination (termination) of the labour contract on the initiative of the employee in connection with illness, disability, retirement, recruitment, enrollment in secondary vocational or higher education, postgraduate or doctorate and otherwise, with whom the legislation of Turkmenistan associates providing certain benefits and benefits in the order of termination (termination) employment contract shall specify those reasons.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) article 52. Issuance of employment record book and a copy of the order or instruction on the termination (termination) of the labour contract 1. On the day of termination (termination) of the labour contract, the employer must give the employee his employment record book and a copy of an order on termination (termination) employment contract.
2. If on the day of termination (termination) of the employment contract, it is not possible to issue a work book for lack of employee or refuse the work-book at hand, the employer sends an employee notice of the need to obtain employment record.
 
Article 53. Issuance of work and wages the employer must not later than within five days at the request of the employee, including the former, issue a certificate stating the profession, skill or position, working time and wages, as well as other documents on the work or duly certified copies thereof.
 
Article 54. Severance pay 1. The termination indemnity shall be paid upon termination (termination) of the employment contract: 1) on the initiative of the employer, upon termination of an employment contract in the cases provided for in paragraphs 1, 2 of the first paragraph of article 42 of this code;
2) in circumstances that do not depend on the parties, as provided in paragraphs 1, 2, and 5 of the first paragraph of article 47 of the present code;
3) in connection with the refusal of the employee from continuing work in cases stipulated in points 1, 3, 4 of the first paragraph of article 39 of this code.
2. Persons working part-time, severance pay is not paid.
3. Severance pay in the amount of two-week average wages paid to employees upon termination of the employment contract in connection with: 1) or the receipt of the employee's military service, the direction of an employee to work, which is due to the legislation of Turkmenistan on military conscription and military service;
2) reinstatement of an employee, who was previously the work;
3) refusal of the employee to be transferred to another job, not harmful to him for health reasons on the basis of a medical report or the absence of the employer;

4) refusal of the employee to be transferred to work in another locality, is being moved to the employer;
5) waiver employee from continuing work in connection with the change of terms of employment contract;
6) recognition of totally disabled worker in accordance with medical findings.
4. Workers freed upon termination (termination) of the employment contract in connection with the liquidation of the enterprise, the termination of the employer physical person, downsizing or State employees: 1) shall be paid an indemnity in the amount of average monthly wage;
2) an average wage for the period of employment, but not exceeding two months from the date of the dismissal, with regard to the payment of severance pay;
3) to address the employment body an average wage for the period of employment during the third month from the date of the dismissal, provided that the employee within two weeks after the dismissal turned in service of employment and was not employed.
In case of failure of the disposable worker from two proposals suitable (on education, specialty, ability) work within three months, the person loses the right to keep average wages prior to the expiry of's three-month period.
5. payment of severance pay and saved the average wage is made at the previous workplace or legal successor.
(As amended by the law of Turkmenistan on November 8, 2014 and August 18, 2015-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) Article 55. Deadlines for the payment of wages owed to the employee by the employer upon termination (termination) of the labour contract 1. Upon termination (termination) of the employment contract by the employer owed wages should be paid to the employee: 1) continued to work up to the date of termination (termination) of the labour contract, the day its termination;
2) is not running on the day of termination (termination) of the labour contract, the day being the requirement calculation.
2. in case of termination (termination) of the labour contract on the initiative of an employee owed wages should be paid to the employee: 1) obliged by law or contract to alert the employer of termination (termination) of the labour contract, not later than the date on which the employee, according to prevention, right to leave;
2) is not obliged to alert the employer of termination (termination) of the employment contract, no later than the day following the day of leaving work.
3. Upon termination of the contract of employment (termination) in the event of a dispute about the amount owed to the employee the amount an employer must within the time specified in the first and second parts of this article, to pay the undisputed amount.
 
Article 56. Reinstatement. The liability of the employer for unfair dismissal or illegal transfer of an employee to another lower paid work 1. In cases of illegal termination (termination) of the labour contract or unlawful transfer to other lower paid work, the employee must be reinstated in their former jobs the employer himself or by a court decision.
2. an employer when you restore an employee to work shall be obliged to compensate the damage (injury) in the form of: 1) mandatory payments of funds, in accordance with article 381 of the present code;
2) compensation for additional costs (professional advice, litigation costs, etc.) related to the appeal of termination (termination) of the labour contract or transfer to another lower paid work, on presentation of the relevant supporting documents.
3. at the request of the employee, the Court may instead of restoring it at work to recover from the employer in favor of additional worker (other than under section two of this article) the indemnity in the amount of not less than three months, his average wage.
 
Article 57. Liability of officials responsible for the illegal termination of employment contract (termination) or unlawful transfer of an employee to another lower paid work officials guilty of illegal termination (termination) of the labour contract or unlawful transfer of an employee to another lower paid work, bear material responsibility to the employer in the amount of the actual amount of compensation paid in accordance with the first part of article 386 of this code.
 
SECTION IV. WORKING TIME. WORKING TIME REGIME Chapter 1. Working time, article 58. The concept of working time working time-time during which the employee in accordance with the rules of the internal labour schedule enterprise or the timetable or the terms of an employment contract or collective agreement (the agreement) should carry out its duties, as well as other periods of time, which, in accordance with the present code and other normative legal acts of Turkmenistan are related to working time.
 
Article 59. The normal duration of working hours 1. Normal working time may not exceed 40 hours per week.
2. The employer must maintain the time actually worked by each employee.
 
Article 60. Shortened working hours 1. Shorter working time shall be established as follows:

1) for employees aged sixteen to eighteen years of age and not more than 36 hours a week, and persons under the age of sixteen years is not more than 12:00 am a week.
The working time of persons referred to in paragraph 3 of article 23 of the present code may not exceed half of the maximum duration of working time provided for in this paragraph for individuals of appropriate age;
2) for employees whose working conditions according to the results of attestation work places classified as hazardous and (or) hazardous (extremely hazardous and (or) severely hazardous) working conditions, no more than 36 hours per week.
Work, professions and posts with harmful and hazardous (extremely hazardous and extremely hazardous) working conditions, qualify for short working hours, defined list provided by paragraph 2 of article 176 of the present code.
2. On the basis of a recommendation by a medical and social Expert Commission (hereinafter MR.) persons with disabilities can be installed in a short duration of working time, but not less than 36 hours a week without pay reduction.
3. the laws of Turkmenistan may be installed abridged working hours for other categories of workers.
(As amended by the law of Turkmenistan on June 22, 2013 and November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 4, art. 151) article 61. Duration of work on the eve of the non-working holidays, memorable and weekend 1. On the eve of the non-working holidays and commemorative days, established by part one of article 81 of the present Code, the duration of employment of employees, in addition to the workers referred to in article 60 of this code shall be reduced by one hour as in the five-day, and when the six-day working week.
2. In continuously operating enterprises and on separate kinds of works where production conditions (work) cannot be reduced working hours (shift) on the eve of the nonworking holiday and Memorial Day, the worker's request processing is offset by the provision of additional rest time or according to the norms established for overtime work.
3. on the eve of weekend work duration in a six-day working week may not exceed 5:00.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) Article 62. The duration of night work 1. Night is the time to 10:00 pm to 6:00.
2. when working at night fixed duration work (shifts) is reduced by 1:00 This rule does not apply to workers already provided for the reduction of working time, in accordance with paragraph 2 of the first paragraph of article 60 of this code.
3. the duration of night work is equalized with the day in cases where this is required under the terms of the production, in particular, in continuous production, as well as the replacement works at a six-day working week with one day off.
4. engaging employees to work at night shall be subject to the restrictions laid down by articles 191, 242, 243, 255 of this code.
 
Article 63. Part-time work 1. By agreement between the employee and the employer can be installed on a part-time basis or part-time working week as in hiring and in the future.
2. At the request of a pregnant woman, one of the parents (guardian) has a child under the age of 14 (or a disabled child-up to sixteen), as well as those caring for a sick family member in accordance with medical findings, the employer is required to install them on a part-time basis or part-time.
3. work on part-time work does not entail for the employee any vacation time-calculation of seniority and other labour rights.
 
Article 64. Overtime 1. Overtime is considered a work made by an employee of an employer in excess of the hours of work, daily work (shifts), as well as the work of the excess in the number of working hours for the accounting period (month, quarter, year).
2. Overtime work can be done with the written consent of the employee, taking into account the views of the Trade Union or other representative body of employees.
3. the employer may apply overtime work only in exceptional cases: 1) in the production of works, necessary for the prevention of natural disasters, industrial accidents and the immediate removal of their consequences, prevention of accidents, providing emergency medical aid to employees of health care institutions;
2) in the production of socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communication-to eliminate accidental or unexpected circumstances, violate their correct functioning;
3) optionally, perform or finish the work which, because of unexpected delays in the technical conditions of production could not be performed (completed) during the normal working hours, unless the failure to do so may result in damage or destruction of public property and the property of the employer;
4) when producing temporary repairs and restoration mechanisms or structures when they malfunction could cause works for a large number of employees;

5) to continue the work in replacing the employee does not appear if the work does not allow a break. In these cases, the employer is obliged to take immediate steps to replace the changer other employee;
6) in other cases in accordance with the legislation of Turkmenistan.
4. To work overtime are not allowed: 1) pregnant women;
2) workers under eighteen years of age;
3) other categories of workers in accordance with the legislation of Turkmenistan.
 
Article 65. Maximum duration of overtime work 1. Overtime work must not exceed four hours for each employee for two consecutive days and 120 hours per year.
2. The employer must maintain an accurate accounting of overtime work performed by each employee.
 
Chapter 2. Working hours Article 66. Working time regime. Types of 1 working week. Working time regime represents the duration of the working week, a job with irregular working hours for certain categories of workers, the duration of daily work (shifts), start time, end time, interruptions, working and nonworking days, number of shifts per day and order moving workers from one shift to another.
2. the working hours shall be established by a collective agreement (the agreement) or the rules of the internal labour schedule enterprise or schedules of shifts, and in their absence, the employer together with the Trade Union or other representative body of employees in consultation with the local authorities or local government.
3. taking into account the specificity of the enterprise can be installed 5-day working week with two days off or six-day working week with one day off or working week with the provision of rest days on a rolling basis.
4. The five-day or six-day working week is established jointly by the employer with the Union body or other representative body of employees taking into account the specificity of the work, opinions of the staff and in consultation with the local authorities or local government.
5. the peculiarities of the working and rest time of certain categories of workers are determined by the employer in consultation with the designated authority referred to in paragraph 1 of article 404 of the present code.
 (As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 67. The duration of daily work (shifts) 1. For a 5-day working week duration of daily work (shifts) is determined by the rules of the internal labour schedule (schedules of shifts).
2. When a six-day working week duration of daily work cannot exceed: 1) 7:00-with 40-hour-week norm;
2) 6:00-at 36-hour week norm;
3) 4:00-in 24-hour week rule.
3. For creative professionals cinematography, television and videos″ëmočnyh ensembles, theatres, theatres and concert organizations, circuses and other persons involved in the creation and (or) execution of works, media professionals, famous athletes, coaches, the duration of daily work (shift) can be installed in accordance with the legislation of Turkmenistan, an employment contract or collective agreement (the agreement).
 (As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 68. Irregular working hours 1. Long working hours is a special mode of operation whereby individuals may order the employer, if necessary, be required to perform their work functions outside the normal working hours. The duration of daily work may not exceed twelve hours.
2. the list of posts with workers working non-standard working day it is submitted by the employer in consultation with the Union and (or) other employees ' representative body.
Non working day regime conditions in labour and collective contracts.
 (As amended by the law of Turkmenistan on June 22, 2013 and from November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 4, art. 151) article 69. Added time and attendance 1. The continuously operating enterprises, as well as in some manufactures, shops, stations, offices and some types of works, where production conditions (work) cannot be observed for this category of workers of daily and weekly working time shall be allowed upon agreement with the Trade Union or other representative body of workers conducting aggregated accounting of working time with a view to working time for the accounting period does not exceed the normal number of working hours established under articles 59 and 60 of this code.
2. conduct of an aggregated time attendance establishes the rules of the internal labour schedule enterprise.
 
Article 70. Division of business day part 1. At work, where this is necessary due to the specific nature of work, working hours may be divided into parts, provided that the total duration of daily work does not exceed the prescribed working hours.
2. Breaks during the working day during working hours is not included.
3. The Division of working day on the part of the employer together with the workforce.
 

Article 71. Beginning and end of the daily working Time of commencement and completion of daily work (shifts) the enterprises is established rules of the internal labour schedule (schedules of shifts).
 
Article 72. Shift work 1. 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 make more efficient use of equipment, increase the volume of manufactured products or services.
2. Shift work each group of workers must produce work during prescribed hours of work one shift, which should not exceed twelve hours.
If it does shift work with night time remuneration is made in the manner prescribed by part one of article 123 of this code.
3. employees are alternated in shifts. The transition from one shift to another defined schedules shifts, approved by the employer in consultation with the Trade Union or other representative body of employees taking into account the specificity of the work and opinions of labour collective. Up shift schedules shall be communicated to the employees not later than one month prior to putting them into action.
4. The breaks between shifts shall not be less than twelve hours.
5. it is prohibited to attract an employee to work during two shifts in a row.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) section v. REST PERIODS Article 73. The concept of leisure time leisure time-the time during which the worker is free from performing work responsibilities and can use it on your own.
 
Article 74. A break for rest and food 1. Employees are granted a break for rest and food for a period of not less than one hour, but not more than two hours. A break is not included in working time.
2. Break for rest and meals, should normally be provided every four hours after the start of work. The start and end time of interruption shall be determined by the rules of the internal labour schedule enterprise.
3. Workers use a break in its sole discretion. At this time they can leave from work.
4. To those works where production conditions it is impossible to break, the employee must be given the time and place of rest and meal during working hours. The list of such works, time and place of rest and meals shall be established by the employer in consultation with the Trade Union or other representative body of employees.
 
Article 75. Interruptions or cessation of work in hot (cold) and associated transfer 1. During work in hot (cold) time of year outdoors or indoors, have no air-conditioning system (cooling-heating), employees are given breaks or work can be aborted (terminated). The start and end time of interruption shall be determined by the employer and shall be issued the appropriate order.
2. In the case of a work stoppage in the hot (cold) time of year due to high (low) air temperature an employer may transfer an employee temporarily to another job with more favourable working conditions.
3. temperature mode in which employees are given breaks or work can be aborted (terminated), established by the Cabinet of Ministers of Turkmenistan.
 
Article 76. Weekend at the five-day and six-day working week 1. For a 5-day working week employees are granted two days off per week, while a six-day working week is one day off.
2. a common day off is Sunday. The second day off in a five-day working week, if it is not determined by the legislation of Turkmenistan, set up shift schedules of work of the enterprise and should be provided with General holidays in a row.
 
Article 77. Weekend on continuously operating enterprises for enterprises that cannot be pausing to supply technical conditions or because of the need of continuous service to the public (airports, railway stations and others), as well as other enterprises with uninterrupted production weekends are available on different days of the week alternately to each group of employees, according to the schedules of shifts of the enterprise.
 
Article 78. Weekend in enterprises, population-related services in enterprises where work cannot be interrupted in a common day off in connection with the necessity of human services (shops, theatres, museums, businesses, consumer services and others), weekends are installed by employers in consultation with the local authorities or local government.
 
Article 79. Duration of uninterrupted rest duration of uninterrupted rest should be not less than forty-two hours.
 
Article 80. The involvement in the weekend 1. The involvement of the weekend is only permitted with the consent of the employee, except when it is done: 1) in order to prevent the public or natural disaster, industrial accident and the immediate elimination of the consequences of accidents;
2) on the basis of a collective agreement (the agreement) or an employment contract signed between the employer and employee physical person.

2. engaging employees to work on rest days is made by written order of the employer in compliance with the restrictions provided for in articles 191, 242, 243 and 255 of this code.
 
Article 81. Holidays and memorable days i. work in enterprises, organizations and institutions will not be granted in the following national holidays and memorable days: 1) new year's day-January 1;
2) the day of the national flag of Turkmenistan-19 February;
3) international women's day-8 March;
4) National Spring Festival-21-22 March;
5) victory day in Great Patriotic War 1941-1945-9 may;
6) day of the Constitution of Turkmenistan and the poetry of Magtymguly Pyragy-18 may;
7) Memorial Day-6 October;
8) Turkmenistan independence day-27-28 October;
9) national holiday in Turkmenistan-neutrality day-12 December;
Kurban bayrami) 10-Kurban bayrami specific date each year is determined by the Decree of the President of Turkmenistan;
11) Easter holiday-specific date Easter holiday annually determined by the Decree of the President of Turkmenistan.
In Turkmenistan, there are also holidays and memorable days established by the Decree of the President of Turkmenistan, without giving rest days (if they fall on weekdays).
2. If the non-working holiday or commemorative days with weekends in the afternoon (Sunday) weekend afternoon is the next after a celebratory or commemorative days.
3. In order to make rational use of output workers and non-working holidays, the Cabinet of Ministers of Turkmenistan shall be entitled to transfer a day off for another day of the week.
 (As amended by the law of Turkmenistan dated October 5, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 129) Article 82. Exceptional cases involving weekends, non-working holidays and memorable days and Rota 1. On weekends, non-working holidays and memorable days of work are allowed to serve the public, as well as urgent repair and loading and unloading operations, the suspension of which is impossible to supply technical conditions (continuously operating).
2. payment for work during weekends, non-working holidays and memorable days are made in accordance with article 121 of this code.
3. Duty of employees in enterprises after hours, on weekends, non-working holidays and memorable days may be imposed by the employer in exceptional circumstances, by agreement with the Trade Union or other representative body of employees.
4. duty of employees allowed once a month.
5. In the case of a prosecution begun after hours attendance order after the alert was postponed to a later time. The duration of the alert or work together with supervision may not exceed the normal working hours.
6. Duty weekends, non-working holidays and memorable days are offset by the worker's request in a working day within ten calendar days after the alert off of the same duration.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) SECTION VI. HOLIDAY Chapter 1. General provisions Article 83. Entitlement to leave 1. Working Turkmen citizens have the right to annual basic paid leave (hereinafter referred to as the annual basic leave) in accordance with this code.
2. Turkmen citizens have the right to receive other types of leave in accordance with this code.
3. foreign citizens and persons without citizenship referred to in the fourth part of article 5 of this code, have the right to parental leave on the same footing as Turkmen citizens, in accordance with this code.
 
Article 84. Types of leave in Turkmenistan establishes the following types of leave: 1) annual basic leave;
2) additional paid leave (hereinafter additional leave);
3) social leave;
4) leave without pay.
 
Article 85. Guarantee of the right to parental leave 1. All types of leave provided for in article 84 of the present Code shall be provided to the employee in the manner and under the conditions laid down in this code, through Edition of the employer on the basis of a written application of the employee.
2. During the use of leave provided for in the legislation of Turkmenistan, the employee remains the place of work (position).
(As amended by the law of Turkmenistan on August 18, 2015)
 
Chapter 2.
The procedure and conditions for the granting of annual basic and additional leave Article 86. The duration of basic annual leave 1. Annual basic leave is established for a period of thirty calendar days in a year.
2. Pedagogical employees and managers of educational institutions of all types, as well as persons with disabilities annual basic leave is established for a period of forty-five days.
3. Researchers in scientific organizations, institutions and enterprises established with a degree of doctor of science, annual basic leave is established for a period of forty-five calendar days, with a degree of candidate of Sciences-thirty-six calendar days.
 
Article 87. The order of provision of basic annual leave 1. Annual basic leave must be granted to the employee every year. On the start time of basic annual leave, the employer must notify the employee not later than fifteen days before the start of the leave.

2. The right to receive a basic annual leave within the first year of operation occurs at the expiration of eleven months continuous employment from the date of conclusion of the contract of employment.
3. annual basic holiday prior to the expiration of eleven months of continuous work should be provided at the request of an employee: 1) woman before maternity leave or after him;
2) with disabilities;
3) minors;
4) employee, vysvoboždennomu with the previous place of work in connection with the downsizing or workforce, liquidation or cessation of activities the employer is a natural person;
5) running concurrently-unpaid leave simultaneously with the annual major release on the main place of work.
4. Annual basic leave for the second and subsequent years of work is provided in accordance with the established schedule at the plant leaves.
5. Pedagogical employees of educational institutions of all types of annual basic leave, usually during summer holidays whatever time they arrive at work at this institution.
6. Annual basic leave in the summer or other convenient time should be made available on request: 1) a woman with two or more children under the age of 14 (or a disabled child under 16 years);
2) single parent or caregiver raising one or more children under the age of 14 (or a disabled child-up to sixteen);
3) wife of a serviceman on the call, with one child;
4) a disabled person;
5) minors;
6) person, usynovivšemu (udočerivšemu) children up to three years;
7) to a person injured as a result of radiation catastrophe.
7. provision of basic annual leave in the summer or other convenient time for separate categories of veterans is regulated in the order established by the legislation of Turkmenistan.
(As amended by the Act of March 26, 2011 and from November 8, 2014-Statements of the Mejlis of Turkmenistan, 2011, no. 1, p. 26, 2014, no. 4, p. 151) article 88. Periods to be included in the working year 1. The year refers to the first and subsequent years, calculated from the day of conclusion of the employment contract by the employee to the employer and to the appropriate day for the first and each subsequent year.
2. seniority entitling to annual basic leave, includes: 1) actual work time;
2) time, where the employee actually worked, but not for him in accordance with the legislation of Turkmenistan remained a place of work (position), except for an occasional child care leave until the child reaches the age established by the legislation of Turkmenistan;
3) enforced truancy with dismissal or suspension from work and subsequently restored to their former jobs;
4) other time periods, or established by the labor collective agreement (the agreement).
3. the seniority entitling to annual basic leave is not included the absence of an employee from work without valid reason, including as a result of his suspension in the cases provided for in article 38 of this code.
4. work experience, giving the right to additional leave for work under harmful and/or hazardous (extremely hazardous and (or) extremely hazardous) working conditions, shall only be actually spent time in appropriate conditions.
(As amended by the law of Turkmenistan on June 22, 2013 and from November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2013, no. 2, article 45, 2014, no. 4, art. 151) article 89. The relocation and renewal of basic annual leave 1. The employee has the right to transfer or renewal of basic annual leave if: 1) temporary disability;
2) maternity leave;
3) coincidence of basic annual leave to travel in connection with training, additional leave for weddings or funeral rite and remembrance;
4) performing public duties or responsibilities in the electoral body provided for in article 145 of this code.
2. in case of obstacles to the use of basic annual leave, before it is in agreement with the employer sets a new deadline for the use of parental leave. In case of such reasons during the period of basic annual leave upon agreement with the employer or leave shall be extended by the unused number of days, or is moved to a different date.
3. If an employer, in a timely manner within the period stipulated in the first part of article 87 of the present code are not worker was notified about the starting time of basic annual leave or an employee before the commencement of the leave was not paid for it, then leave the statement of the worker is transferred to another term.
4. the employer in the case of a business need may, with the consent of the worker to postpone annual basic leave at the next business year, but within not more than two years.
5. In cases of temporary disability of the worker during the period of use of the basic annual leave last extended by the number of days of temporary incapacity to work.
If the basic annual leave with an additional annual basic leave, leave shall be extended by the number of days of additional leave.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, no. 2014, art.)
 
Article 90. Additional leave for work under harmful and/or hazardous (extremely hazardous and (or) extremely hazardous) working conditions
 

1. Additional leave granted to employees whose working conditions according to the results of attestation work places classified as hazardous and (or) hazardous (extremely hazardous and (or) severely hazardous) working conditions.
2. The minimum length of additional leave for employees specified in paragraph 1 of this article shall be three calendar days.
3. the length of additional leave for work under harmful and/or hazardous (extremely hazardous and (or) extremely hazardous) working conditions shall be established according to the results of attestation jobs taking into account the actual employment of the employee in the relevant working conditions.
4. Additional leave for work under harmful and/or hazardous (extremely hazardous and (or) extremely hazardous) working conditions at full size is available to the employee occupied on such works during the whole working year full-time.
The maximum duration of the additional holiday shall be established by a collective agreement (the agreement) and shall not exceed fifteen calendar days.
5. In other cases, the length of additional leave for work under harmful and/or hazardous (extremely hazardous and (or) extremely hazardous) working conditions shall be determined in proportion to the time, sophisticated jobs during the working year.
6. Additional leave is granted annually, without the right to transfer to the next business year just on one of the grounds provided for in this article, and an employee can join the annual basic leave.
7. Work, professions and posts with harmful or hazardous (extremely hazardous and extremely hazardous) working conditions to qualify for additional leave, as defined by the list provided by paragraph 2 of article 176 of the present code.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) article 91. Additional leave for the special nature of the work 1. Additional leave for the special nature of the work is granted to workers employed in jobs with higher nervous, mental stress and other elevated loads, to fully restore them to health.
2. the duration of the additional holiday for the special nature of the work is installed: 1) employees engaged in air traffic management with a certificate, Manager-up to seven calendar days;
2) employees of the flight and flight test composition depending on flying hours per working year to fifteen calendar days;
3) persons with irregular working hours-three calendar days.
3. Additional leave for the special nature of the work is available annually, cannot be moved to the next business year and at the request of the employee can join the annual basic leave.
 
Article 911. Additional leave to a person injured as a result of radiation disaster of the 1. A person injured as a result of radiation catastrophe are granted an additional leave of up to fifteen days.
2. Additional leave is granted annually, cannot be moved to the following working year and an employee can join the annual basic leave.
(New article Code 911 Turkmenistan law dated March 26, 2011-Statements of the Mejlis of Turkmenistan, 2011, no. 1, p. 26) Article 92. The calculation of the duration of the annual basic and additional leave 1. Duration of annual basic and additional leave of employees is calculated in calendar days and the maximum is not limited. Non-working holidays and memorable days, coinciding with the period of such leave, the number of calendar days of leave are not included and are not paid.
2. The total duration of the annual vacation is calculated by summing the annual basic and additional leave.
3. In calculating the duration of leave in proportion to the time worked their duration is determined by dividing the total size of each vacation at twelve and multiplying by the number of complete months of work. The number of days equal to fifteen or more calendar days shall be taken for the full month, and less than fifteen calendar days, not taken into account.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) Article 93. Additional leave for marriage 1. Additional leave for marriage is granted to persons entering into marriage, as well as the parents of each of them, or persons acting in loco parentis (in their absence, two close relatives, organizing commemorative marriage, each side), for a period of 10 calendar days, of which five days before marriage. Grounds for granting additional leave for marriage is issued by public authorities of the civil registry office (ZAGS), which includes those OCs towns with the rights of regions, districts, cities, and etraps rights districts in the city, the local Council, as well as diplomatic missions and consular offices of the Republic of Turkmenistan, authorized to perform State registration of acts of civil status.

2. In the case of registration of marriage outside Turkmenistan persons referred to in paragraph 1 of this article, on their application is granted an additional leave of ten days. Payment of additional leave is made on presentation of the certificate issued by the authority of Turkmenistan on the basis of a Certified Registrar in the prescribed manner a copy of document confirming registration of the marriage in a foreign country.
(As amended by the law of Turkmenistan dated October 1, 2011 and November 8, 2014-Statements of the Mejlis of Turkmenistan, 2011, no. 4, p. 81, 2014, no. 4, p. 151) article 94. Additional leave to commit Rite funeral and remembrance 1. Additional leave of 10 calendar days for committing the rite of burial and remembrance on the basis of reference issued by the public authorities of the civil registry office (ZAGS), which includes those OCs towns with the rights of regions, districts, cities, and etraps rights districts in the city, the local Council, as well as diplomatic missions and consular offices of the Republic of Turkmenistan, authorized to perform State registration of acts of civil status, is awarded to two close relatives of the deceased.
2. Close relatives as parents (in their absence-guardians and curators), spouses, children, grandfather and grandmother on his father's side and the mother, grandchildren, brothers and sisters, sisters-in-law and zât′â.
3. persons leaving Turkmenistan for committing the rite of burial and remembrance, additional leave shall be granted on the basis of their statements and reports of the death of a close relative, certified in the prescribed manner. Payment of additional leave is made on presentation of the certificate issued by the authority of Turkmenistan on the basis of a Certified Registrar in the prescribed manner a copy of document confirming registration of deaths in a foreign country.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) Article 95. Additional leave citizens reaching the age of 62 years, an additional leave of three days is granted to citizens of Turkmenistan at the age of 62 years and working in enterprises, regardless of their form of ownership, or joins the annual basic leave for the working year, where the employee has reached the age of 62 years.
 
Chapter 3. Social leave Article 96. Maternity leave maternity leave is provided in the manner and under the conditions provided for by the legislation of Turkmenistan.
 
Article 97. Maternity leave 1. A woman, regardless of seniority, maternity leave is entitled to unpaid leave to care for a child until the child reaches the age of three years.
2. child care leave may be granted also to person effectively care for a child, including the father, guardian of the child, as well as in cases stipulated by the legislation of Turkmenistan, another relative.
The procedure for providing these persons leave taken to care for a child is determined by the Cabinet of Ministers of Turkmenistan.
3. During leave taken to care for a child of the employee remains the place of work (position).
4. child care leave may be used in full or in parts.
The person who is on maternity leave until the child reaches the age of three years, has the right to interrupt a vacation and get to work before the expiry of the period of leave to care for a child, notice to the employer for two weeks before going to work.
Annual basic leave is provided for actual time worked.
5. A person who is on maternity leave, is awarded and paid public child care allowance in accordance with the legislation of Turkmenistan.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) article 98. Employees leave, on-the-job students in secondary and higher vocational training on a full-time-part-time and extra-mural forms of Employees trained on-the-job training in secondary and higher vocational education, including foreign States on full-time-part-time and extra-mural forms are provided for the period of paid leave each začëtno-examinations under the curriculum on a speciality, and putting the State examination (passing the final appraisal) on the basis of the letter (invitation) educational institution to admit the student to the present session (attestation).
Leave dates are included in the exam session and (or) the final State exam, as indicated in the letter (invitation), and travel time to the location of the educational institution and vice versa.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, no. 2014 4.0, art. 151) Article 99 repealed (amended by the law of Turkmenistan on November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) Article 100 repealed (amended by the law of Turkmenistan on November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) Article 101. Vacation to prepare for the graduation project (work)
 

The employer of the worker's request, on-the-job learning last year of higher and secondary vocational schools for full-time part-time (evening) and extra-mural forms of, and recommendations of the relevant educational institution has the right to grant additional leave without pay for a period of thirty calendar days for the preparation of diploma project (work).
 
Article 102. 1 sabbatical. Person who successfully combining production or pedagogical activity with scientific work, on the recommendation of the appropriate academic Council granted a sabbatical with the persistence of high salary and position at the place of work.
2. Sabbatical is available for the completion of the thesis, as well as for writing textbooks and teaching aids for a period of three months for completion of the doctoral thesis for six months.
3. payment is made at the place of sabbatical work within the payroll, as well as the expense of appropriations for training of scientific personnel.
 
Chapter 4. Leave without pay Article 103. The procedure and conditions for granting leave without pay 1. Leave without pay at the request of the employee shall be granted for a period of up to ten calendar days during the year when an valid reason.
2. In cases where the employee requires a leave without pay for a period of more than ten calendar days, it can provide additional days at the expense of basic annual leave or additional leave.
3. Leave without pay in excess of the duration of the worker's request: 1) single parent (guardian, trustee) raising children under the age of fourteen years, regardless of their number-fourteen calendar days;
2) a disabled person-up to 30 calendar days;
3) approved for entrance examinations in higher or secondary professional education institution-respectively fifteen and ten calendar days, to graduate school-fifteen calendar days, while at that time does not include time travel to the location of the educational institution;
4) relative to care for a sick family member for a term established by the institution;
4 l) foreign pedagogical employees working in establishments of Turkmenistan, obrazovatel′nyh-up to 30 calendar days.
5) running pensioner age-up to 30 calendar days.
4. In the event of downtime for production reasons, the employer has the right to grant employees leave without pay for a period not exceeding three months and, in exceptional cases, for the entire period of downtime.
5. the duration of the leave without pay to individual veterans and coequal to them persons according to benefits is regulated by the legislation of Turkmenistan.
(As amended by the law of Turkmenistan on November 8, 2014 and August 18, 2015-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) Chapter 5. Especially leave Article 104. Parental leave parts of annual basic leave, as well as append to it additional sick leave request employee can be divided into two parts and working in different periods of the year.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) Article 105. Review of leave Review from the annual principal and attached to it additional leave is allowed only with the written consent of the employee. The unused portion of the leave must be granted to the employee at his request at another time during the working year or attached to a release for the next business year.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 106. The right to use sick leave on termination 1. At the request of an employee in his dismissal (except as provided in paragraphs 5-12 article 42 of this code), it can be granted totally or partially unused annual principal and attach additional leave with the subsequent dismissal.
2. Dismissal in connection with the expiration of the contract of employment vacation with the subsequent dismissal may be given and when a when-actually-employed basis and in total extend beyond the term of the employment contract.
3. The day of dismissal on the grounds laid down in parts one and two of this article shall be deemed to be the last day of vacation.
(As amended by the law of Turkmenistan on June 22, 2013 and from November 8, 2014-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 4, p. 151) 6. Holiday pay Article 107. Funds to pay for leave 1. Holiday pay in enterprises is carried out at the expense of funds earmarked for salaries.
2. When calculating the payments for vacation takes into account all forms of remuneration, which are awarded State pension insurance contributions, in addition to wages for part-time work, payment of a one-time nature, as well as payments, not caused by the existing system of remuneration.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) Article 108. Vacation payment calculation
 

1. For holiday pay calculation is performed monthly wage and the average wage for twelve calendar months preceding the month on vacation, no matter for what work year shall be granted sick leave.
2. The calculation of average monthly salary and the average daily wage shall be effected in the manner determined by article 131 of the criminal code.
3. the amount of holiday pay shall be determined by multiplying the average daily wage by the number of days of the annual basic, supplementary, or social.
 
Article 109. Monetary compensation for unused annual basic and append additional leave 1. When retracting from the annual basic and additional leave it attached to the monetary compensation for the unused part of these vacations are made in exceptional cases.
2. No substitution of monetary compensation of all kinds of social leave, leave for pregnant women and workers aged under eighteen years of age, workers employed in jobs with hazardous and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions and work which is linked to the special nature of the work.
3. with the dismissal of the employee monetary compensation be paid for any unused annual basic and append additional leave.
Uvol′nâûŝimsâ employees working less than eleven months, monetary compensation will be paid for unused vacation leave in an amount equal to the strong months.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) SECTION VII. PAY Chapter 1. Form, the system and pay Article 110. Basic concepts and definitions 1. Pay-system of socio-economic and legal relations related to the establishment and implementation of employer payments to employees for their work in accordance with the legislation of Turkmenistan, labour contracts and collective contracts (agreements).
2. wages-remuneration for work, depending on the qualifications of the employee, the complexity, the quantity, quality and conditions of work, as well as payment of compensation and incentive-based.
3. Pay system is a way of linking the price of labour (wage rate, salary) with the results of employees, which allows to assess the wages of the employee in accordance with the results of the work. An enterprise can be installed piecework and time-based pay system.
4. Payment of incentive-based variety of bonuses, bonuses, allowances, used by employers for additional remuneration of employees for achieving their higher and sustainable results in labour compared to other workers.
5. the minimum wage is guaranteed by the legislation of Turkmenistan in the least amount of remuneration, which should get the employee employed with normal intensity and coping with labor duties, performs the most basic work under normal working conditions in his workplace.
6. Average wages-the average of the employee's wages for a certain period of time. Average salary per month (AMW) and the day (average salary) shall be determined in the manner prescribed by article 131 of the criminal code.
7. Tariff rate (salary)-fixed wage employee for the fulfilment of labour standards (employment) of a certain complexity (skilled) per unit of time.
8. Compensation-various types of supplements to tariffs (salary) workers with the aim of compensation to some extent the adverse effects of working conditions on health or inconvenience in the residence. Such payments include surcharges for work in conditions that deviate from the normal; work in multiple-shift mode; during the night; for irregular working hours.
 
Article 111. Guaranteed remuneration 1. Employer, regardless of their financial condition, is obliged to pay the worker the work done in accordance with the established pay terms and conditions.
2. Wage guaranteed by the employer may not be lower than the minimum wage established by the legislation of Turkmenistan.
 
Article 112. Public rates of pay 1. State wage rates are monthly tariff rates and salaries that define the levels of remuneration for specific professional qualification groups of workers of budgetary organizations and institutions.
2. public rates decrease not subject to and are the basis for establishing specific rates and salaries of budget organizations and institutions.
3. other employers if it is stipulated by collective agreements (agreements) can use government rates to differentiate the pay of employees.
 
Article 113. Form, the system and pay 1. Form, the system and the wages of workers, including an additional payment incentive and compensatory character, royalties for innovations and inventions, are established by the employer under a contract of employment, a collective agreement (the agreement).

Payment of a compensatory nature produced by the employer in the manner and amount established by the present code and other normative legal acts of Turkmenistan.
2. shape and dimensions of the system of remuneration for work of public servants shall be established by the legislation of Turkmenistan.
3. Wages employees of budgetary organizations and institutions shall be established by a body authorised by the Cabinet of Ministers of Turkmenistan.
4. wage Differentiation is carried out depending on the skill level of workers, complexity and tension of labor, its conditions, the quantity and quality of labor spent.
5. maximum size of workers ' wages is not limited.
 
Article 114. According to the results of the annual remuneration of work 1. In addition to the systems of remuneration may be fixed remuneration of employees according to the results of the annual work of the Fund, which is at the expense of profit remaining at the disposal of the enterprise. The remuneration is determined taking into account the results of the employee and the duration of its uninterrupted length of service in the enterprise.
2. The regulations on the procedure of calculation and payment of remuneration by the results of annual work is approved by the employer in consultation with the Union body in the company or other representative body of employees.
 
Article 115. Form of payment of wages payment of wages is made in cash.
 
Article 116. Wages in enterprises 1. Wages of an employee are governed by employment contract, collective agreement (Agreement), tariff agreement.
2. in order to improve the material interest of employees, as well as production efficiency and quality of work, the employer may impose a system of bonuses and allowances for performance.
 
Article 117. The remuneration of managers, professionals, employees and researchers 1. The remuneration of managers, professionals and civil servants and academics shall normally be based on salaries.
2. Salaries are established by the employer in accordance with the position and the qualifications of the employee.
3. the employer may set for managers, professionals and employees some kind of pay, increased wages in accordance with professional abilities, as well as incentive payments (as a percentage of revenue, profit shares and others).
4. Scientific and pedagogical workers with a degree, academic rank, is installed in addition to the official salary in accordance with the procedure determined by the legislation of Turkmenistan.
 (As amended by the law of Turkmenistan dated January 1, 2010 and June 22, 2013-Statements of the Mejlis of Turkmenistan, 2010, no. 1, art. 6; 2013, no. 2, p. 45) article 118. The remuneration of workers 1. Wage workers applied tariff rates, salaries.
2. type, remuneration system, size of tariff rates, salaries, bonuses, incentives and other payments, as well as relativities between different categories of workers, employers define yourself based on collective contracts (agreements) or collective bargaining agreements.
 
Article 119. Changing the conditions of remuneration 1. Wage conditions vary in the same order in which they are installed.
2. Change the individual salary conditions aside, unfavourable to the employee, it is allowed, without the consent of the employee, on an exceptional basis when changing: 1) in production technology, work organization, when the previous conditions of remuneration could not be saved;
2) volumes of works (services) Regulations (the regulations), provided by the legislation of Turkmenistan.
3. About the upcoming change of conditions of payment an employee should be warned at least one month.
 
Chapter 2. Special conditions of remuneration Article 120. Payment for overtime work 1. Work overtime shall be paid at a double rate.
2. For overtime at the request of the employee in lieu of increased remuneration may be granted compensatory time off in an amount not exceeding the number of overtime hours worked.
 
Article 121. Payment for work on weekends, non-working holidays and memorable days 1. Work on weekends, non-working holidays and memorable days may be compensated for by agreement of the parties, the provision of other days of rest or in cash in double size.
2. payment for work during weekends, non-working holidays and memorable days: 1) sdel′ŝikam-on double piece-rates;
2) employees who are paid by the hour or day rates-at the rate of double the time or daily rate;
3) employees in receipt of salary, in the amount of single-hour or daily rate in excess of their salaries if the work was carried out on specific days within the month norm of working time and dual time or daily rate in excess of base salary if the work performed in excess of the monthly multiyear average.
 
Article 122. Working conditions allowance 1. In jobs with hazardous and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions in areas with severe or specific climatic conditions (arid, desert), as well as mobile and (or) the roving nature of the hazard is established under such conditions to wage rate (salary) workers.
2. The size and the procedure for establishing the allowances to the wage rate (salary), indicated in paragraph 1 of this article, are determined by the Cabinet of Ministers of Turkmenistan.

3. Work, professions and posts with harmful or hazardous (extremely hazardous and extremely hazardous) working conditions giving entitlement to the wage rate (salary), defines a list provided by paragraph 2 of article 176 of the present code.
 (As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) article 123. Payment of night 1. Every hour of work at night shall be paid not less than the amount of time polutorakratnom rate if it is not connected with the nature of the work, in which remuneration is established taking into account the work at night.
Specific fees for night work shall be established by collective agreement (regulation on remuneration) of the enterprise, but not lower than stipulated by this code.
2. Increased payment for night work is not included in the rates, salaries, except for cases set forth in paragraph 1 of this article.
 
Article 124. Order of payment for downtime and in the development of new industries (products) 1. Idle time through no fault of the employee, if the employee warned the employer (foreman, other officials) about the start, idle is payable not less than two thirds of tariff rates, salary level established by the employee.
2. Downtime due to the fault of the worker is not paid.
3. at the time of development of the new production (products) an employer may make workers supplement to the previous average monthly salary for a period not exceeding six months.
 
Article 125. Order of payment of labour when manufacturing products, which marriage 1. In the manufacture of products which do not get married at fault, remuneration for its manufacture is made on an equal footing with suitable products based on established rates.
2. marriage, which occurred due to the products of a latent defect in the medium, as well as products marriage through no fault of the employee, discovered after acceptance of the product technical control body, the employee is paid on a par with suitable products.
3. Full marriage, an employee's fault, not subject to payment.
4. Partial marriage approved by the fault of the employee, to be paid depending on the degree of suitability of products for low prices.
 
Article 126. Order of payment of labour failure standards 1. If you do not meet standards through no fault of the employee remuneration is made for actual work performed. Monthly wages in this case may not be less than two thirds of tariff rate assigned to it (the salary).
2. In case the standards at fault are payable in accordance with the volume of work performed.
 
Article 127. Pay when you combine the professions (positions) and responsibilities temporarily absent employee 1. The employee, acting with his consent in the same enterprise (with the same employer) along with its substantive work, resulting from the employment contract, additional work on other professions (positions) or acting temporarily absent employee without the liberation of its substantive work, produced supplement for combining professions (positions) or temporarily the duties of the absent employee.
2. combining professions (positions) should be allowed, as a rule, within the categories of personnel to which refers the employee (workers, engineers and technical workers, and others).
3. Dimensions of supplements for combining professions (positions) or duties temporarily absent employee establishes by the employer in consultation with the Union body in the company or other representative body of workers under an agreement with the employee in the amount of not more than fifty per cent of the wage of a shared profession (post).
4. The imposition of surcharges for: 1) combining professions (positions)-can be sent to payroll savings obtained from the release number of the workers against the staffing table approved by the higher organisation;
2) undertaking the responsibilities temporarily absent employees-can be used no more than 50 percent of the wage rate (salary) of the missing worker, regardless of the number of persons, among whom are distributed these surcharges.
5. This article does not apply: 1) on business leaders, their deputies and assistants; Chief specialist (Chief Engineer, engineer, technologist, designer, geologist and other specialists in the Guide); Heads of structural divisions, departments, shops, services and their deputies;
2) on scientific, engineering and technical workers and other professionals and employees of research institutions, except for the engineers and other professionals, experienced employees in the (pilot) productions, workshops, sites and installations in geological, exploration, exploration expeditions and parties of these institutions;
3) for engineers and other professionals and employees of public and economic management.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) Article 128. Remuneration in case of temporary zamestitel′stve
 

In case of temporary replacement worker zamestitel′stve remuneration is made in the amount of salary for the replacement worker provided for staffing.
 
Article 129. Pay when performing works of various qualification 1. At performance of works of varying skills workers prepaid labour, as well as employees must be paid for working more skill.
2. Workers with piece-rate wages to be paid on the cost of the work to be performed. In those industries where production in nature work with piece-rate wages shall be entrusted with the execution of works, rated below their assigned bits work, performing such work, paid mežrazrâdnaâ the difference if it is provided by a collective agreement (the agreement). Payment is made when performing work standards.
 
Article 130. Pay for incomplete working time pay in part-time work or when a part-time working week, in accordance with article 63 of this code is made in proportion to the time worked or depending on the fulfilment of standards.
 
Article 131. The calculation of the average salary of 1. For all cases, determine the size of the average wage, provided by the present Code, establishes a unified procedure for calculating it.
2. To calculate the average salary takes into account all types of earnings on which contributions are charged to the State pension insurance, in addition to wages for part-time work, payment of a one-time nature, as well as payments, not caused by the existing system of remuneration.
3. in any operating mode, the calculation of the average salary of the employee is made on the basis of the actual gross salary and hours actually worked time twelve calendar months preceding the time of payment.
If an employee has worked for less than twelve months, the calculation of his average monthly wage is based on the number of calendar months preceding them time for payment.
If the employee worked less than one month, the due amount of monetary compensation for dismissal shall be calculated from the salary (tariff rates) on the day of dismissal.
4. Average daily salary is calculated by dividing the average monthly salary for 29.7.
5. The legislation of Turkmenistan may be provided and other periods for the calculation of the average salary, if it does not affect the position of workers.
6. peculiarities of the order of calculating the average wage established by this clause shall be defined by a body authorised by the Cabinet of Ministers of Turkmenistan.
7. While increasing wages in accordance with the acts of the President of Turkmenistan, the wages received for the calculation of the amount of holiday pay, severance pay, compensation and reparations, indexed by a factor higher wages.
(As amended by the law of Turkmenistan dated January 1, 2010, June 22, 2013 and August 18, 2015-Statements of the Mejlis of Turkmenistan, 2010, no. 1, art. 6; 2013, no. 2, p. 45) article 132. The order, date and place of wage payment 1. The employee's salary shall be paid not less often than once every fortnight.
2. For certain categories of workers legislation of Turkmenistan can be set other deadlines for the payment of wages.
3. in cases where the salary payment day coincides with the weekend, holiday or commemorative day, wages shall be paid on the eve of these days.
4. wages for all vacation time be paid not later than one day before the start of the leave. In the case of non-payment of wages owed to the employee at the time of the leave within the prescribed period provided leave is transferred to the number of days delay of wages if the employee continued to perform their duties.
5. payment of wages to the employee shall normally be made at the place of discharge or at the written request of the employee, it will be transferred to the specified bank account.
Upon written request of an employee they received wages can be transferred through the agencies of banks once a month.
6. The employer is obliged to promptly, within deadlines to pay employee wages in full, except for the cases stipulated by the legislation of Turkmenistan, as well as provide information about he accrued wages and deductions it produced.
 
Article 133. Issuance of wages not received to the day of the death of the employee's wages are not received on the day of death of the employee, as well as other payments and emoluments established by the legislation of Turkmenistan, are issued to members of his family or persons who were financially dependent on the deceased on the day of his death, on the basis of a written application and relevant documents within two weeks from the date of submission of the application.
 
Article 134. Calculation of dates of termination 1. Upon termination of the employment contract, payment of all amounts owed to the employee by the employer shall be made on the day of the dismissal of an employee. If an employee on the day of dismissal has not worked, the corresponding amount shall be paid not later than the next day after being laid-off employee requirement calculation.

2. in the event of a dispute about the size of the amounts owed to the employee with dismissal the employer is obliged within the period specified in this article, to pay the disputed amount to them not.
 
Article 135. Deductions from the wages of employees 1. Deductions from wages may be made only in cases stipulated by the legislation of Turkmenistan.
2. Deductions from wages for repayment of debt to the enterprise where they work may be carried out on the instructions of the employer: 1) to the return of an advance in salary account, refund paid unnecessarily because of counting errors, unencumbered and did not returned the advance issued on official business or transfer to another area for household needs, if the employee does not contest the bases and dimensions. In these cases, the employer has the right to make the hold order not later than one month from the date of expiry of the deadline for the return of the advance repayment of debt or incorrectly calculated payments;
2) dismissal of the employee before the end of the working year, in which he has already received holiday for unearned vacation days.
Deduction for these days are not made, if an employee is dismissed on grounds provided for by paragraph 3 of article 39, paragraphs 1, 2, 4 or 5 of the first paragraph of article 42, paragraphs 1, 2, 5, 7 or 9 of part 1 of article 47 of the present code.
Deduction for unearned vacation days are not made in the case of dismissal of an employee in connection with retirement;
3) in compensation for damage caused through the fault of the company employee.
3. wages paid to the employee, the employer (including the improper application of the legislation of Turkmenistan) cannot be recovered from it, except payment because of counting errors.
4. wages and other amounts paid to the employee, as a result of the communication of false information or the submission of fraudulent documents recovered from him on the basis of a court decision.
 
Article 136. Size limit for deductions from wages 1. When each payment of wages the total size of all the deductions may not exceed 20 per cent, and in the cases specifically provided for by the legislation of Turkmenistan, 50 percent of the wages owed to the employee paid.
2. Holding of wages for several executive documents the employee must be preserved not less than fifty per cent of the average wage.
 
Article 137. Prohibition of deductions from certain amounts payable to employees not allowed deductions from severance pay, compensation and other payments, which in accordance with the legislation of Turkmenistan is not levied.
 
SECTION VIII. LABOUR STANDARDS and USAGE RATES Article 138. Labour standards 1. Labour standards (standards, time, service number) are established for employees in accordance with the present level of technology, technologies, organization of production and labour.
2. in the context of collective forms of organization and remuneration can also be enlarged and integrated standards.
3. Labour standards must be replaced with new ones as the appraisal and the rationalization of jobs, technological innovations, technology and organizational-technical actions to ensure increased productivity.
4. Achieving a high level of product formulation (provision of services), individual employee Brigade due to use, on its own initiative, new methods of labour and of best practices as well as improving their own jobs is not the basis for the revision of standards.
 
Article 139. Introduction, replacement and revision of labour standards 1. Introduction, replacement and revision of labour standards are made by the employer in consultation with the Trade Union or other representative body of employees.
2. replacement and revision of uniform and model (cross-industry, sectoral, departmental) labour standards carried out bodies, approving them.
3. On the introduction of new labour standards employees must be notified at least one month. When the workers explained the reasons for the revision of labour standards, as well as the conditions which should apply the new rules.
4. Differences arising when establishing or revising labour standards (norms), standards of care, are resolved by the parent bodies and trade unions, by the Court.
 
Article 140. The definition of costs when piecework wages 1. When piecework pay rates are determined based on installed bits work, tariff rates and workload standards (norms).
2. Piece rate is determined by dividing the time (day) rate corresponding to the category of the work to be performed, the hour (day) norm.
3. Piecework rate can be determined by multiplying the time (day) rate corresponding to the category of the work to be performed, the time limit in hours or days.
 
Article 141. Saving for employees past costs when implementing the inventions and innovations 1. For the authors of inventions or innovations, changing technical standards and prices, previous prices persist for six months since the introduction of new labour standards and rates.

2. Previous rates persisted, and in cases where an inventor or innovator not previously performed work, labour standards and the rates at which changed with the introduction of its invention or innovation proposals, and transferred to the job after making the proposal.
3. For workers, which the inventor or racionalizatoru assistance in the implementation of the invention or innovation proposals, previous prices persist for three months.
 
Article 142. Establishment of standardized tasks and standards of care In time-based pay workers installed a normalised job. To perform individual functions and scope of work (services) can be installed in service standards or norms for the number of employees.
 
Article 143. Normal working conditions for the execution of the workload standards, to the employer to perform the workers workload standards must ensure that normal conditions for work, including: 1) orders, volumes of works and necessary materials;
2) reconditioned machines, machines, equipment and devices;
3) timely provision of technical documentation;
4) adequate quantity and quality of materials and tools necessary to do their jobs, and their timely submission;
5) timely provision of production of electricity, gas and other sources of supply.
6) safe and healthy working conditions (compliance with rules and regulations on occupational safety and health, the necessary lighting, heating, ventilation, eliminating the harmful effects of noise, vibration, radiation and other factors, adversely affect the health of employees).
 
SECTION IX. Guarantees and COMPENSATION Article 144. The notion of guarantees and compensation 1. Guarantee funds, ways and modalities by which implements the granted rights to workers in the field of socio-labour relations.
2. Compensation payments established to reimburse employees for the costs associated with the performance of their employment or other obligations provided for by the legislation of Turkmenistan.
 
Article 145. Guarantees for employees during the execution of the State or public duties 1. During the execution of the State or public duties if Turkmen law establishes these duties can be carried out during working hours, employees are guaranteed the preservation of place of work (position) and the average wage.
2. Average wages and place of work (position) are stored in cases of the execution of the following State or public duties during working hours: 1) the exercise of suffrage;
2) implementation of parliamentary authority;
3) exercise of the powers of the members of the regional, district and city Halk maslahaty, as well as local councillors;
4) participate in the sessions of the Mejlis of Turkmenistan, Gengeša, participated as delegates to the congresses, plenums, conferences convened by State bodies, public associations, as well as performing other duties determined by the legislation of Turkmenistan;
5) appearance on call in the organs of inquiry and preliminary investigation, the Procurator and the Court as a witness, victim, expert, specialist, interpreter, understood, as well as participation in meetings of the Court as people's assessors, representatives of public associations and collectives;
6) participate in collective bargaining in the manner and under the conditions laid down in the collective agreements (agreements), and in their absence, by agreement between the parties in collective bargaining;
7) participation in the work of the commissions in local authority bodies and CATEGORIES as dedicated Trade Union bodies of the members of those commissions;
8) participation of members of voluntary fire brigades in fire or accident;
9) to perform the other State or public duties in cases stipulated by the legislation of Turkmenistan.
 
Article 146. Safeguards for workers, elected in State and public bodies Employees exempt from work because of the election of their elected positions in State and public bodies, after the end of their term in elective office is available, the previous work (position), and in its absence-another equivalent work (position) at the same or, with the consent of the worker, in another enterprise.
 
Article 147. Business trips. Guarantees and compensation for official missions 1. Mission trip admits employee sent by order of the head of the company for a certain period in another locality to perform official orders outside his regular job. Travel workers whose regular work flows in a path or roving or mobile nature is not considered official business.
2. Workers have the right to reimbursement and receipt of other compensation in connection with official business.
3. employees sent on business trips, paid for by: per diem for the time spent in traveling expenses to their destination and back, the cost of hiring a residential premises in the manner and amount determined by the Cabinet of Ministers of Turkmenistan.
4. in the seconded employee saved place of employment, position and average wages (salary, tariff rate) at the time of his trip, including transit time.

5. specific reimbursement related to official business, identifies the work or collective agreement (Agreement) and may not be lower than the limits set by the Cabinet of Ministers of Turkmenistan.
 
Article 148. Guarantees and compensation when moving to work in another locality 1. Employees are entitled to compensation for expenses and receive other compensation in connection with the transfer, reception or direction to work in another area.
2. Workers when transferring them to another job when it involves moving to another locality, are paid: 1) fare for the employee and his/her family members;
2) the costs of transportation of equipment;
3) per diem for the time spent in the path where the new employee and members of his family;
4) wages for days and collection device to the new place of residence, but not more than six days, as well as for transit time;
5) lump-sum benefit paid on the worker and each family member moving.
3. employees, relocating in connection with taking them (in advance) to work in another area, are paid compensation and guarantees referred to in paragraph 2 of this article, except for the payment of a lump sum, that these employees may be paid by agreement of the parties.
4. Compensation, procedure of their payment and guarantees of persons specified in the second and third parts of this article, as well as guarantees and compensation to persons when moving them to another locality in connection with the direction to work after graduation, postgraduate study, doctoral studies, clinical residency or organized set or public call shall be established by the legislation of Turkmenistan.
 
Article 149. Guarantees when carrying out worker action in the public interest when making worker action in the interest of society (the Elimination of the consequences of accidents, natural disasters, saving of human life, and in other cases stipulated by the legislation of Turkmenistan) behind him in this period remains a place of work (position) and average wages.
 
Article 150. Guarantees for workers in connection with the performance of military duty, Workers attracted to the fulfilment of military obligations, guarantees and facilities provided for in this code and other normative legal acts of Turkmenistan.
 
Article 151. Safeguards for workers, inventors and innovators 1. For the authors of inventions or innovations an average wage upon release from work for participation in the implementation of the invention or innovation offers to the same enterprise.
2. When implementing the invention or innovation proposals on another company for workers remains at the place of the permanent post of work and work on introduction of the invention or innovation proposal is paid by agreement of the parties, in the amount not lower than the average wage at the place of permanent employment.
 
Article 152. Compensation for the use of vehicles, wear of equipment, tools and fixtures owned by the employee, the employer has the right to use the vehicles, equipment, tools and fixtures owned by the employees. The size and procedure for payment of compensation for their use shall be determined by agreement with the employee.
 
Article 153. Guarantees upon transfer of an employee to another permanent lower paid work when transferring an employee in need in accordance with medical findings, to provide other work for another permanent lower paid work at this enterprise it retains its previous average wages within one month from the date of the translation, and when transferring employment injury, occupational disease or other impairment of health, work related -to establish persistent loss of professional work capacity or employee until he recovers.
 
Article 154. Guarantees worker with temporary disability 1. When temporary disability the employer pays the employee State benefit for temporary disability in accordance with the legislation of Turkmenistan.
2. The size of the State benefits for temporary incapacity for work and the manner of its payment shall be established by the legislation of Turkmenistan.
 
Article 155. Guarantees and compensation in case of accidents at work and occupational diseases 1. When damage to health or death of a worker as a result of an accident at work or occupational disease the employee (his family) will be reimbursed his lost wages (income), as well as damage to the health of the additional costs of medical, social and vocational rehabilitation or associated costs in connection with the death of a worker.
2. types, volumes and terms of workers guarantees and compensation in such cases shall be determined by the present code and other normative legal acts of Turkmenistan.
3. the costs to be reimbursed for lost wages and (or) additional costs for enterprises produced at its own expense, and contained due to budget, at the expense of funds provided for in the cost estimates for their content.
 
Article 156. Guarantees for workers who are donors
 

1. On the date of the deposit of blood and its components, as well as on the day of the related medical examination of an employee is exempt from work. The employer is obliged to freely let workers in health care institutions in the day medical examination and a day of blood donation transfusion.
2. If by agreement with the employer on the date of the deposit of blood and its components returned to work (except for work involving harmful, difficult conditions, when the output of a worker on the job that day not possible), it is available on his request, another day of rest.
3. In the case of blood donation and its components in the period of annual paid vacation, weekend or a non-working holiday or commemorative day worker on his wish is granted another day of rest.
4. After each day of blood donation and its components, the employee is granted an additional day of rest. Specified day of rest at the request of the employee can be attached to the annual basic leave or used at a different time during the calendar year after the date of deposit of the blood and its components.
5. When the donation blood and its components, the employer retains the employee his wages for the days of delivery and provided in connection with these holidays.
 
Article 157. Guarantees and workers ' compensation, employer sponsorship for a refresher In the direction of the employer of the employee to improve the skills of full-time work for him are preserved place of work (position) and the average salary on the main place of work. Employees assigned to improve the skills of full-time work to another locality, the payment of travel expenses in the manner and amount prescribed for persons to be sent on business trips.
 
Article 158. Guarantees for employees at the time of their studies with full-time workers by the employer for full-time training in institutions of secondary vocational and higher vocational education, postgraduate study and doctoral studies, saved the old post or they are given rank is no lower than that previously occupied.
(As amended by the law of Turkmenistan on August 18, 2015)
 
Article 159. The guarantees head, his deputies and Chief Accountant in connection with the change of the owner of the enterprise upon termination of an employment contract with the head of the undertaking, his deputies and the Chief Accountant in connection with the change of the owner of the company, the new owner must pay specified employees compensation in the amount of three months average wages.
 
Section x. LABOUR DISCIPLINE Article 160. Labour discipline and the rules of the internal labour schedule enterprises 1. Labour discipline-mandatory for all workers submissive rules of conduct defined in accordance with the labor laws of Turkmenistan, an employment contract, collective agreement (the agreement).
Labour discipline is ensured by the establishment of the necessary socio-economic and organizational and technical conditions for the normal work, the methods to stimulate and promote for conscientious work, applying the penalties for unscrupulous employees.
2. the employer must, in accordance with the labor laws of Turkmenistan, an employment contract, collective agreement (Agreement) is to create the conditions necessary for compliance with the labour discipline workers.
3. Routine work at the factories is determined by the rules of the internal labour schedule.
The rules of the internal labour schedule Enterprise-Enterprise Act, which regulates in accordance with this code and other normative legal acts of Turkmenistan order acceptance and dismissal of employees, basic rights, duties and responsibilities of the parties to the employment contract, working hours, rest periods, rewards and punishments imposed on workers, as well as other issues which govern employment relationships in the enterprise.
4. For certain categories of workers Act statutes, regulations on discipline, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 161. The procedure for the adoption of the rules of the internal labour schedule enterprises 1. The rules of the internal labour schedule enterprises approved by the employer in consultation with the Trade Union or other representative body of employees in accordance with the legislation of Turkmenistan.
2. the rules of the internal labour schedule enterprises are annex to the collective agreement (the agreement).
 
Article 162. Encouragement for successes in work 1. An employee may apply measures of encouragement for successes in work. Types of awards, the order of their application, the provision of privileges and benefits are determined by labour or collective agreement (Agreement), the Statute and the regulation on labour discipline in accordance with the legislation of Turkmenistan.
2. For special employment services to the society and the State employees may be submitted to the State Awards.
3. wages, including supplements, allowances, bonuses and other payments stipulated by the pay system, the types of promotion are not relevant.
4. during the validity period of the disciplinary measures to promote an employee shall not apply.
 
Article 163. Incentives for work 1. To promote measures for work include: 1) commendation;
2) extradition of a lump-sum award;
3) rewarding valuable gifts;
4) awarding the diploma.

Collective agreement (Agreement) can be provided other incentives.
2. information on awards and encouragements are entered in the work book.
 
Article 164. Penalty for violation of labor discipline 1. For labour discipline infringement disciplinary action are as follows: 1);
2) reprimand;
3) severe reprimand;
4) translation of up to three months at a lower paid job or a lower position;
5) dismissal.
2. Legislative acts of Turkmenistan, statutes, regulations on discipline can be provided to specific categories of workers other disciplinary sanctions.
3. For the public servant or person equivalent thereto, an offence relating to corruption or creating conditions for corruption, disciplinary action shall be applied in accordance with this code.
4. When applying disciplinary action should take into account the gravity of the misconduct, but the circumstances in which he made before the employee's behavior, attitude to work. The employer shall have the right for labour discipline infringement apply any of the disciplinary measures listed in part 1 of this article, depending on the seriousness of the misconduct.
5. it is not allowed the use of disciplinary measures other than those provided for by the legislation of Turkmenistan, statutes, regulations on discipline.
(As amended by the law of Turkmenistan on May 3, 2014 and from November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 76, 2014, no. 4, p. 151) article 165. Bodies competent to apply disciplinary measures 1. Disciplinary action is applied by an authority or a person who is granted the right to employment (election, approval and appointment) of the worker.
2. Disciplinary penalties on employees who bear disciplinary responsibility in accordance with the legislation of Turkmenistan, statutes, regulations on discipline may be imposed by the parent bodies vis-à-vis the authorities referred to in paragraph 1 of this article.
3. workers holding elective office, can only be dismissed by a decision of the authority to which they are elected, and only on the grounds provided by the legislation of Turkmenistan.
 
Article 166. The procedure for the application of disciplinary measures 1. Prior to the application of disciplinary action against the employee should request a written explanation. Refusal to give a written explanation cannot constitute an obstacle to the application of penalties for them committed misconduct.
2. For every misdeed can be applied only one disciplinary penalty.
3. A disciplinary sanction is applied directly over the discovery of misconduct, not later than one month from the day of its discovery, but not more than six months from the date it occurred, not counting the time of the employee's illness or host it on vacation, but the verification audit of financial-economic activities or audit no later than two years from the date of its occurrence. Within a specified time not included production time on the criminal case.
4. order, order to impose a disciplinary measure, together with an indication of the motives is declared to the employee against signature within three working days from the day of its publication.
An employee who is not acquainted with the order, the decision to impose a disciplinary measure shall be presumed not to have a disciplinary action.
Refusal of the employee to familiarize themselves with the order, the decision to impose a disciplinary measure shall be executed the Act of indicating the present when the witnesses. In this case, the employee is considered to be communicated with the order, the decree to disciplinary action.
 
Article 167. Disciplinary withdrawals 1. If within one year from the date of application of the disciplinary action, the employee would not be subjected to new disciplinary action, it is considered to be without disciplinary action. When this disciplinary action is automatically redeemed without writ, order.
2. the employer shall apply disciplinary action, shall be entitled to withdraw it before the end of the year, on its own initiative, at the request of the employee, at the request of the Trade Union or labour collective body or employee's supervisor, if subjected to foreclosure has not committed new misconduct and distinguished himself as a conscientious worker.
 
Article 168. Bringing to disciplinary responsibility of the Director, his deputies on demand of the Trade Union or other representative body of workers 1. The employer is obliged to consider, within its competence, the appeal of the Trade Union or other representative body of employees of the violation by the company director, his deputies of the present code and other normative legal acts of Turkmenistan, containing rules of labour law, conditions of the collective treaty or agreement, and to report on the results of consideration of the Trade Union or other representative body of employees.
2. If violations are confirmed, the employer is obliged to apply, within the limits of his powers to the head of the enterprise, its Deputy disciplinary action until his release from his Office.
 
Article 169. Features of the disciplinary liability of certain categories of workers engaged in work with unique nature of labour
 

Features of the disciplinary liability of certain categories of workers engaged in work to the unique nature of the work, determined in the manner prescribed by the legislation of Turkmenistan.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 170. Appeal against disciplinary measures 1. Disciplinary action may be appealed in accordance with the procedure established by this code and other legislative acts of Turkmenistan.
2. the industrial dispute must take into account the gravity of the misconduct, but the circumstances in which he made before the employee's behavior, attitude towards work, as well as disciplinary action to the severity of the misconduct.
3. If disciplinary action is not relevant to the severity of the misconduct of the industrial dispute body cancels an order on the application of disciplinary action.
 
SECTION XI. OCCUPATIONAL SAFETY and HEALTH Article 171. Safety and working conditions 1. Occupational safety-security life and health of workers in the workplace, including the legal, socio-economic, organizational, technical, sanitary, medical, rehabilitation and other activities, tools and techniques to ensure safe working conditions.
2. Working conditions-a set of factors of production and the labour process Wednesday, affecting the health and working capacity of the employee.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) article 172. The main directions of the State policy in the field of occupational safety and health 1. The main directions of the State policy in the field of labour protection are: 1) ensuring the priority of preserving life and protecting the health of workers;
2) adoption and implementation of laws and other regulatory legal acts of Turkmenistan on occupational safety and health, as well as targeted programmes to improve the conditions and protection of labour;
3) State administration of labour protection;
4) State supervision and monitoring of compliance with labour protection;
5) licensing of potentially hazardous work, certification of products (works, services) for industrial purposes;
6) promotion of Trade Union bodies on public monitoring of the rights and legitimate interests of employees in occupational safety and health;
7) investigation and registration of accidents at work and occupational diseases;
8) protection of the rights and legitimate interests of workers affected by accidents at work and occupational diseases, as well as members of their families;
9) setting compensation for work with dangerous, particularly difficult working conditions;
10) coordination of activities in the field of labour protection, environmental protection Wednesday and other economic and social activities;
11) disseminate national and foreign experience to improve the conditions and protection of labour;
12) introduction in the sphere of labour protection scientific organization, new equipment and technologies, promoting innovation and invention;
13) State participation in financing labour protection measures;
14) training and rising proficiency level of experts on occupational safety and health;
15) Organization of State statistical reporting on working conditions, as well as on work-related injuries, occupational diseases and on the financial implications;
16) ensuring the development and operation of integrated information system of labour protection;
17) international cooperation in the field of labour protection;
18) effective fiscal policy, enabling the creation of safe working conditions, development and introduction of safe equipment and technologies, production of individual and collective employee protection;
19) provide security for workers means of individual and collective protection, as well as the ablutions and devices, treatment-and-prophylactic means at the expense of the employers.
2. Realization of basic directions of State policy in the field of labour protection is ensured by the concerted actions of bodies of State power and administration, local authorities and local authorities, employers and their associations, as well as trade unions and other authorized workers representative bodies on labour protection.
 
Article 173. An employee's right to work, to meet the requirements of the safety and health of every employee has the right to: 1) workplace, secure within allowable norms from exposure to harmful or hazardous production factors, which may cause injury, occupational disease or decreased performance;
2) receive complete and reliable information from the employer, relevant government bodies and public associations on the conditions and protection of labour in the workplace, on the existing risk of damage to health as well as on measures to protect against harmful and/or hazardous production factors;
3) refusal to perform work in case of danger to life and health of its or others as a result of violations of labour protection requirements, except for the cases stipulated by the legislation of Turkmenistan, to eliminate such dangers;

4) means of individual and collective protection in accordance with the requirements of labour protection at the expense of the employer;
5) training (coaching) safe methods and methods of labour at the expense of the employer;
6) vocational retraining at the expense of the employer in the event of liquidation of the workplace as a result of violations of labour protection requirements;
7) request for verification of the conditions and protection of labour at his workplace by State supervision and monitoring of compliance with labour legislation of Turkmenistan workers engaged in public examination of the conditions of employment and Trade Union bodies;
8) appeal to bodies of State power and administration, local authorities and local self-government, to employers, associations of employers and trade unions and other authorized representative bodies of workers on OSH;
9) personal involvement or participation, through their representatives on issues related to safe working conditions at his workplace, and in the investigation of the incident with him an accident at work or an occupational disease;
10) extraordinary medical examination (examination) in accordance with medical advice with saving him the place of work (position) and the average wage during the passage of specified medical examination (examination);
11) compensation and other payments established by the legislation of Turkmenistan, labour and collective agreement (Agreement), if it is occupied in harmful, difficult conditions.
 
Article 174. The State guarantees the protection of the rights of workers in occupational safety and health 1. The State guarantees the protection of employees ' rights in the field of labour protection.
2. The State ensures the Organization of labour protection, the exercise of State supervision and monitoring of compliance with labour protection requirements, establishes liability for violation of the labour legislation of Turkmenistan.
3. Working conditions workers must meet the requirements for safety and health at work.
4. at the time of the suspension of works by the State supervision and monitoring of compliance with labour legislation of Turkmenistan due to violation of the requirements of labour protection is not at fault for it saved the place of work (position) and average wages.
5. In case of refusal of the employee to perform the work entrusted to him in the event of immediate danger to life and health of his and others; failure to provide necessary PPE directly to ensure the safety of workers; the suspension and prohibition of work by public authorities of supervision and control employee until the violations or to create new working places should be provided for up to one month of other work corresponding to his or her qualifications, or with his consent, work with payment not lower than the average wage in the previous work. If necessary, the employer must at its own expense to ensure worker training in a new occupation (specialty) with saving him for the period of retraining in average wages.
6. If the employee other work it is not possible for objective reasons, employee downtime until the danger to his life or health shall be paid by the employer in accordance with this code and other normative legal acts of Turkmenistan.
7. In the event of failure of an employee by means of individual and collective protection in accordance with the regulations, an employer has no right to demand from the worker execution of labor duties and must pay the resulting, for this reason, simple in accordance with this code.
8. Refusal of the employee to perform work in case of danger to his life or health due to violation of labour protection requirements or from performing work involving harmful, particularly severe working conditions not provided for in the employment contract, does not entail bringing to disciplinary responsibility.
9. In case of injury (harm) to the life and health of a worker in the performance of employment duties redress that injury (harm) is carried out in accordance with the legislation of Turkmenistan.
10. In the case of ill health caused by the employee's working conditions, disability due to an accident at work or occupational disease, the employer must provide the employee with his/her consent, work in accordance with the medical advice or provide at its own expense the employee's learning a new profession (specialty) with saving him for the period of retraining in average wages, and, if necessary, its rehabilitation.
 
Article 175. Compulsory insurance against accidents at work and occupational diseases Category of workers employed in the production conditions of high risk are subject to compulsory personal insurance by the employer of occupational accidents and occupational diseases in accordance with the legislation of Turkmenistan.
 
Article 176. The right to compensation for working conditions
 

1. The employee is engaged in work involving harmful and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions is entitled to occupational pension, allowance, paid breaks for working conditions, reduced working hours, additional leave, free treatment-and-prophylactic food, milk or other equivalent food, soda salt water (for persons working in the hot shops), tea, personal protection and sanitation, as well as for other compensation.
2. List of works, professions and jobs with harmful or hazardous (extremely hazardous and extremely hazardous) working conditions, eligibility for compensation established by paragraph 1 of this article (except for professional pensions, paid breaks for working conditions, ensure free treatment-and-prophylactic food, milk or other equivalent food, soda salt water, tea, personal protection and sanitation), is being developed by relevant ministries and departments, together with the Union body according to the results of attestation of jobs in enterprises, and approved by the ministries and departments, in consultation with the designated authority referred to in paragraph 1 of article 404 of the present code.
List of works, professions and positions (including the last period) with harmful or hazardous (extremely hazardous and extremely hazardous) working conditions, eligibility for occupational pension (indicating the number of years to reduce the retirement age), is determined by the legislation of Turkmenistan.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) Article 177. An employee's right to information on occupational safety and health when entering into an employment contract and you transfer to another job, the worker shall be informed by the employer on the working conditions, including the risk of occupational and other diseases, benefits and compensation payable to him in this regard, as well as means of personal protection. The employer must also inform employees or representative bodies of workers on the State labour protection on specific workplaces and factories.
 
Article 178. The obligations of the employer to ensure the safety of labour 1. Responsibilities to ensure the safety of work at the enterprise is placed on the employer.
2. the employer shall ensure that: 1) worker safety in the operation of buildings, structures, machines, mechanisms, equipment, the implementation of technological processes applied in the manufacture of tools, raw materials and materials;
2) the use of means of individual and collective employee protection;
3) working conditions at each workplace, conforming to occupational safety;
4) mode of working and rest time of employees in accordance with the legislation of Turkmenistan;
5) acquisition and issuance at its own expense the special clothing, special footwear and other personal protection equipment, washing and decontamination or obezvreživaûŝih means, in accordance with established norms for workers employed in jobs with hazardous and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions, as well as works related to pollution or performed in special temperature conditions;
6) training methods and safe methods of execution of works for labour safety and first aid in case of accidents at work, instructing, training on occupational safety and health in the workplace and test the knowledge requirements of labour protection, safe methods and techniques;
7) preventing the use of fail in the prescribed manner training and instruction on occupational safety and health, training and testing of knowledge of labour protection requirements;
8) the Organization of the monitoring of working conditions in the workplace, as well as the correctness of the use by workers of personal and collective protection;
9) carrying out of certification of jobs on their compliance with standards and rules on labour protection;
10) in cases stipulated by this code, laws and other normative legal acts of Turkmenistan, organize at its own expense the mandatory preliminary (at entry) and periodic (during employment) medical examinations (surveys) of extraordinary medical examinations (surveys) employees at their request in accordance with medical findings, with saving them the place of work (position) and the average wage at the time of these medical examinations (surveys);
11) prevent workers to assume their duties without undergoing mandatory medical examinations (surveys) for professions, a list of which is established by the legislation of Turkmenistan, as well as in the case of medical contra-indications;
12) informing the employees about the conditions and protection of labour at the workplace, the risk of health damage and compensation accruing and means of individual and collective protection;
13) provision of information and documents to the public occupational health and safety management, governmental supervision and monitoring of compliance with labour legislation of Turkmenistan, as well as trade unions and other representative bodies of workers necessary for the exercise of their powers;

14) the adoption of measures to prevent accidents, the preservation of life and health of the employees when such situations arise, including provision of first aid to the victims;
15) investigation, accounting and analysis of occupational accidents and occupational diseases in an order stipulated by the present code and other normative legal acts of Turkmenistan, extradition of the victim in the event of his death, the family (family members), a legal representative of a deceased person a certified copy of the Act of the accident no later than three days after the end of the investigation;
16) sanitary and domestic treatment and preventive maintenance of workers in accordance with the requirements of labour protection;
17) unimpeded admission to conduct inspections and investigations, officials of the State administration of labour protection, State supervision and monitoring, public monitoring of compliance with labour legislation of Turkmenistan;
18) fulfilling of the orders of officials of State supervision and monitoring of compliance with labour legislation of Turkmenistan and the consideration of the requirements of public control bodies in accordance with this code;
19) to familiarize workers with the necessary documents on occupational safety and health at work;
20) formulation and approval taking into account the views of the Trade Union or other authorized body workers instructions on occupational safety and health for workers;
21) accept all scientifically sound and feasible measures to relieve physical and psychological fatigue of workers at work;
22) the prohibition on workers perform operations defined as inevitably dangerous;
23) timely notice of the relevant bodies on accidents and accidents at work;
24) the availability of normative legal acts of Turkmenistan, occupational safety requirements in accordance with the specificity of activity of the enterprise, and acquaintance with them workers.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) Article 179. Labour protection requirements 1. All the enterprises should be created working conditions that meet safety and hygiene. The creation of such conditions is the responsibility of the employer.
2. labour protection requirements established by the present code and other normative legal acts of Turkmenistan, as well as technical standards.
3. an employer is liable for violations of occupational safety requirements in the manner prescribed by the legislation of Turkmenistan.
 
Article 180. State labour protection regulations 1. National regulatory requirements of labour protection establishes rules, procedures and criteria aimed at protecting the life and health of workers in the course of employment.
2. labour protection requirements are obligatory for execution by legal and physical persons in the enjoyment of any activity, including design, construction (reconstruction) and maintenance, engineering machinery, tools and other equipment, the development of technological processes, organization of production and labour.
3. The certificate of conformity of works for labour safety (safety certificate) is a document certifying that exercises conducted at the enterprise works on occupational safety and Health established the State regulatory requirements for safety and health at work.
 
Article 181. Governance of labour protection 1. State occupational safety management is to implement the main directions of the State policy in the sphere of labour protection, development of legislative and other normative legal acts in the field of labour protection, as well as requirements for the means of production, technology and Labour Organization guaranteeing workers safe and healthy working conditions.
2. State administration of labour protection is carried out in accordance with the regulations approved by the President of Turkmenistan.
 
Article 182. Public administrations in the field of labour protection 1. Public administrations in the field of labour protection are the main State Turkmen standards service (hereinafter referred to as "Turkmen standards) and other government agencies operating in the field of labour protection.
2. the Turkmen standards "within their terms of reference: 1) provides integrated management of State labour protection, conducts interagency coordination of labour protection;
2) organizes the development of State OSH programmes and monitors their implementation;
3) establishes requirements for safety management in enterprises based on science-based standards, rules and regulations. Normative-legal acts should ensure the right to the protection of life and health of workers not following the guarantees provided for in this code;
4) carries out State supervision and monitoring of occupational health and conducts public expertise of working conditions;
5) investigates accidents in the prescribed manner and industrial accidents;
6) solves other questions defined by the legislation of Turkmenistan and the present code.
Turkmen standards solutions in the sphere of labour protection are mandatory for all ministries, departments and enterprises.
3. Public administration bodies in the field of labour protection have the right to:

1) visit any time enterprises receive from ministries, departments and enterprises with the necessary information;
2) grant managers and other officials of enterprises binding instructions;
3) pause (ban) operation of enterprises, individual industries, shops, departments, workplaces and equipment in cases of violation of labour protection requirements;
4) to impose fines on directors, officers, employees for violation of legislative and other normative legal acts on labour protection, to make submission to remove these persons from Office, transfer materials, where appropriate, organs of the Procurator's Office.
4. the employer shall provide all necessary conditions for representatives of public administration bodies in the field of labour protection for the performance of their duties.
5. Authorized officials of public administrations in the field of labour protection for abuse of power and the use of unjustified sanctions shall bear responsibility in accordance with the legislation of Turkmenistan.
 
Article 183. Powers of ministries, agencies and other bodies of State administration in the field of occupational safety and health ministries, departments and other bodies in the field of labour protection management: 1) implement the main directions of the State policy in the sphere of labour protection;
2) develop standards, rules, instructions and other normative acts, conduct technical expertise of projects of construction and reconstruction of objects of new technological processes and equipment for compliance with the requirements of labour protection;
3) organize training in accordance with the established procedure of executives and specialists of enterprises according to the norms and rules of labour protection;
4) carry out internal monitoring of occupational safety;
5) exercise other powers provided for by the legislation of Turkmenistan.
 
Article 184. Powers of local authorities and local government bodies in the area of occupational safety and health, local authorities and local self-government shall ensure implementation of the State policy in the field of labour protection in the regions, districts and cities, as well as gengešlikah.
 
Article 185. Labor Safety Department at Enterprise 1. In order to ensure compliance with the requirements of labour protection, to monitor their implementation at each enterprise, undertaking productive activities, with more than fifty employees occupational safety service is created or introduced specialist (engineer) for the protection of labour, having appropriate training or experience in this area. The status of labour protection service equates to the main production enterprise services and is responsible to the head of the company. It is prohibited to impose on workers of occupational safety performance is not peculiar to them functions.
2. the Organization and functioning of labour protection service are defined by the standard regulations on labor protection services enterprises, approved by the specifically authorized body referred to in paragraph 1 of article 404 of the present Code, in agreement with the "Turkmen standards" and the national centre of trade unions of Turkmenistan.
Terms of reference (works), operated by a specialist (engineer) for the protection of labour, defines a Model job description-specialist (engineer) of the enterprise on occupational safety and health, approved by the specifically authorized body referred to in paragraph 1 of article 404 of the present Code, in agreement with the "Turkmen standards" and the national centre of trade unions of Turkmenistan.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) Article 186. Commission for the protection of labour 1. At the initiative of the employer, as well as on the initiative of employees or Trade Union and/or other representative body of workers created the Commission on labour protection. In their composition on a parity basis includes representatives of employers, trade union or other representative body of employees. Model clause on labour protection Commission are developed and approved "Turkmen standards."
2. Commission for the protection of Labour organizes joint actions of the employer and the employees to ensure the requirements of labour protection, the prevention of occupational accidents and occupational diseases, and organizes inspections of working conditions and occupational safety in the workplace and inform employees of the results of these checks, collecting suggestions to the section of the collective agreement (the agreement) on labour protection.
 
Article 187. Medical examination 1. At its own expense the employer must arrange a preliminary (when entering into an employment contract) and periodic (during operation) UPS employees: 1) under the age of eighteen years;
2) men who have reached the age of sixty-two years, women who have reached the age of fifty-seven years;
3) with disabilities;
4) employed in jobs with unfavourable working conditions, night work, as well as work connected with the movement of transport;
5) employed in jobs in the health and medical industry, food industry, trade and other sectors directly serving the public;
6) pedagogical and other employees in general education schools, preschools and other institutions directly employed teaching or upbringing of children;
7) other employees in accordance with the legislation of Turkmenistan.

2. List of jobs with unfavourable working conditions and other works, for which preliminary and periodic medical examinations, and the manner in which they conduct are established by the legislation of Turkmenistan.
3. workers referred to in the first part of this article may not shy away from passing medical examinations. When Dodge these workers from passing medical examinations or from the fulfilment of the recommendations issued by the medical commissions surveys, an employer may not allow them to work.
4. employees are not allowed to work, they are not advised for health reasons.
5. An employee has the right to: 1) require extraordinary medical examination, if he considers that the deterioration of his State of health is associated with working conditions;
2) for information on the assessment of his State of health based on the results of the preliminary at entry and periodic-during employment medical examinations.
6. workers shall not bear any costs in connection with medical examinations provided for in this article.
7. mandatory annual medical examinations for categories of workers referred to in the first part of this article, shall be conducted during normal business hours with preservation of the average wage.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) Article 188. Providing employees personal protective equipment 1. In jobs with hazardous and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions, as well as for work performed in special temperature conditions or pollution-related workers are issued by certified personal protective equipment, detergents, wastewater treatment or decontamination means in accordance with the rules approved in the manner prescribed by the legislation of Turkmenistan.
Under means of individual and collective employee protection refers to technical and other measures used to prevent or minimize employee exposure to harmful and/or hazardous production factors, as well as for protection against contamination.
2. Acquisition, storing, washing, cleaning, repairs, disinfection and decontamination of personal protective equipment of workers are carried out at the expense of the employer.
The employer is obliged to provide storage, washing, drying, decontamination, disinfection, decontamination and repair workers issued by the established norms of the special clothing, special footwear and other personal protection equipment.
3. issuing to employees in return for special clothes and special footwear sums for their acquisition, as well as materials for their manufacture is not permitted.
In exceptional cases where special clothing and shoes have not been issued in time, and as a consequence they purchased by employees, the employer is obliged to reimburse them the cost of buying this clothes and shoes.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) Article 189. Provide workers, treatment-and-prophylactic food, soda salt water, tea, personal protection and hygiene of workers employed in jobs with hazardous and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions, are provided free of charge by the established norms: 1) milk or other equivalent food products;
2) treatment-and-prophylactic food;
3) salt water dispensers (for persons working in the hot shops), tea;
4) means of individual protection and hygiene.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) Article 190. Sanitary and domestic treatment and preventive maintenance of employees 1. Sanitary and domestic treatment and preventive maintenance of employees in accordance with the requirements of labour protection rests with the employer. To this end, at the established norms are equipped with sanitary buildings, for food, medical aid, lounges in the working time and psychological relief; sanitary kits posts are created, complete set of medicines and medicines for first aid; installed devices (devices) to provide workers the hot shops and sections of soda salt water and more.
2. transportation in medical institutions or to the place of residence of the employees affected by accidents at work and occupational diseases, as well as for other medical conditions produced vehicles enterprises or for his account.
 
Article 191. Additional measures to protect the disabled 1. The employer is obliged to employ people with disabilities, the local authority (service) employment in order to obtain employment in workstations account quota.
2. recommendations on FIXED part-time mode, reducing pressure and other conditions of employment of persons with disabilities are obligatory for execution by the employer.
3. Involvement of persons with disabilities to work at night, as well as overtime or work on rest days is allowed only with their consent, provided that such work is not prohibited them medical advice.
 
Article 192. Obligations of employees in occupational safety and health worker in the field of labour protection must:

1) comply with the requirements of health and safety regulations established by laws and other normative legal acts of Turkmenistan, as well as rules and regulations on occupational safety and health;
2) comply with the requirements of the relevant regulations, rules and other regulatory legal acts of Turkmenistan concerning labour protection, safe use of machinery, equipment and other means of production, as well as the rules of conduct in the territory of the enterprise, manufacturing, support and residential premises;
3) comply with the rules and obligations concerning labour protection, stipulated in the collective agreement (Agreement) and the rules of the internal labour schedule Enterprise;
4) correctly apply means of individual and collective protection, and in cases where they are not immediately notify your supervisor;
5) study safe methods and techniques used to perform work on a labour safety, first aid in case of accidents at work, instructing, training on occupational safety and health in the workplace, checking the knowledge of labour protection requirements;
6) undergo obligatory preliminary at entry and periodic-during employment physicals (survey) in accordance with article 183 of this code;
7) to assist and cooperate with the employer in ensuring healthy and safe working conditions, to immediately notify supervisor of accident at work, as well as on situations which pose a threat to himself or others.
 
Article 193. Briefing and training of occupational safety rules 1. On the employer the responsibility briefing workers on occupational safety, health, fire protection and other rules of labour protection, as well as the implementation of constant monitoring of all workers of occupational safety requirements.
2. the employer shall be obliged to carry out training for occupational safety rules and test their knowledge.
3. admission to the work of persons not trained, training and validation of knowledge on occupational safety and health, is prohibited.
 
Article 194. Education and training in occupational safety and health 1. All the company's employees, including its Chief, were required to undergo training on occupational safety and health and labour protection requirements knowledge validation.
2. For all incoming persons, as well as for employees transferred to another job, the employer or a person authorized by him is obliged to hold briefing on labour protection, safe training methods and techniques used to perform works and first aid to the injured.
3. the employer provides training to persons entering to work with harmful and/or dangerous conditions, safe methods and techniques used to perform works with training in the workplace and exams and their periodic occupational safety training and testing of knowledge of labour protection requirements during work.
4. The State promotes training on occupational safety in educational institutions of Turkmenistan, which provided for the compulsory course "labour protection" as a stand-alone item or a separate part of the of the item.
5. the State provides training on occupational safety and health in secondary vocational and higher educational institutions.
 
Article 195. Translation for health reasons at a light or unfavourable factors of work 1. Workers in need on health grounds to provide more light or excluding the impact of unfavorable productive factors of the work, the employer is obliged to transfer, with their consent to such work in accordance with medical findings, temporarily or without term limits.
2. when transferring for health reasons to lighter or unfavourable factors of lower paid work for employees within two weeks from the date of transfer is stored the previous average salary.
3. employees temporarily translated to lower paid work in connection with personal injury or other impairment of health, related to the work, the employer is responsible for the injury, pays the difference between the old average monthly wages and salaries for new work. Such difference shall be paid to the employee to establish rehabilitation or disability.
4. The legislation of Turkmenistan and other cases may be saving the previous average wage in translation for health reasons to lighter or unfavourable factors of lower paid work.
 
Article 196. An employee's right to refuse to perform work that creates danger to his life or health of the Worker shall immediately inform the employer of the occurrence in the course of work circumstances endangering his life or health. In these circumstances, the confirmation bodies, supervising and monitoring compliance with labour protection, the employer shall take measures to eliminate them. If the necessary measures were not taken, the employee is entitled to refuse to carry out the relevant work of until circumstances endangering his life or health. During this period the employee retains its average wages.
 

Article 197. First aid workers and their transportation to the treatment-and-prophylactic institutions 1. The employer is obliged to adopt measures aimed at providing first aid to employees who become ill on the job (service).
2. transportation in medical institutions of workers who become ill on the job (service), produced at the expense of the employer.
 
Article 198. Conformity of production facilities and products (works, services) health 1. Projects of construction and reconstruction of industrial objects, as well as cars, machinery and other production equipment, processes must comply with standards, regulations and labour standards.
2. It is prohibited to construction, reconstruction, technical re-equipment of production facilities, production and introduction of new technology, the introduction of new technologies without the conclusion of State expertise of working conditions on the conformity of the projects referred to in paragraph 1 of this article, the requirements for safety and health at work.
3. new or renovated facilities cannot be put into operation without the opinions of the relevant organs of the State supervision and control over compliance with labour protection requirements.
4. it is prohibited to use in the production of noxious or hazardous substances, materials and products (works, services), which are not developed methods and means of metrological supervision, Toxicology (hygiene, biomedical) score which was not done.
5. In the case of the use of new or not previously used at the plant noxious or hazardous substances, the employer is obliged to start using these substances to develop and agree upon with the appropriate public authorities of supervision and control over compliance with the requirements of labour protection measures to preserve the life and health of workers.
6. Cars, machinery and other production equipment, vehicles, technological processes, materials and chemicals, individual and collective employee protection, including the automobiles of foreign production must comply with occupational safety and health and have certificates of conformity.
 
Article 199. Financing labour protection measures 1. Financing labour protection measures at the enterprise is carried out at the expense of its own funds, funds of the State budget and extra-budgetary funds.
2. the amount of funds allocated to labour protection, determined by the collective agreement (Agreement), on the basis of the most complete to ensure safe and healthy working conditions.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 200. Investigation and registration of occupational accidents 1. The employer is obliged to: 1) promptly conduct an investigation and registration of accidents at work;
2) to give the victim in the event of his death, the family (family members), a legal representative of a deceased accident act not later than three days from the end of the investigation.
2. the investigation and registration of accidents at work are made in the order established by the Cabinet of Ministers of Turkmenistan.
 
Article 201. Discordance in the investigation, registration and registration of occupational accidents investigation Divisions, clearance and registration of accidents at work, non-recognition by the employer (authorized representative) of an accident, failure to investigate the accident and the drafting of the Act, the disagreement of the victim or his trustee with the content of this Act shall be reviewed by the relevant bodies of the State administration of labour protection, the Union body whose decisions can be appealed in court. In these cases, the complaint is not a ground for non-execution of the employer (authorized representative) of the decisions of those bodies.
 
Article 202. Supervision and monitoring of occupational safety 1. State supervision and monitoring of labour protection is exercised by the public authorities referred to in article 178 of the criminal code.
2. public monitoring of compliance with rules and regulations on labor protection exercised by the trade unions and other representative bodies of workers.
 
Article 203. The liability of officials and other persons, as well as employees for violation of the legislation of Turkmenistan on occupational safety and health officials and others, as well as employees who violate labour protection legislation of Turkmenistan are subject to material, disciplinary, administrative and criminal liability in the manner prescribed by the legislation of Turkmenistan.
 
Article 204. Design organizations responsible for development of the means of production, technology projects in violation of labour protection requirements For project development of the means of production, technology, in violation of rules and regulations on occupational safety engineering organizations must fully reimburse the customer the cost of eliminating those violations and their consequences.
 
Article 205. Responsibility of enterprises for the production and marketing of products of industrial purpose, not satisfying the requirements of labour protection
 

1. enterprises producing and supplying products for industrial purposes, does not meet the requirements of labour protection, reimburse consumers caused them harm (harm) in the manner and under the conditions prescribed by the legislation of Turkmenistan.
2. Illegal production, advertising and sale of products for industrial purposes, including those acquired outside Turkmenistan not conforming to the requirements of the standards, rules and regulations on occupational safety and health. Profits earned by enterprises as a result of such activities, shall be liable to seizure in accordance with the established procedure in the State budget of Turkmenistan.
 
SECTION XII. LIABILITY of the PARTIES to the EMPLOYMENT CONTRACT Chapter 1. General provisions Article 206. The obligation of the parties to an employment contract to indemnify damage (injury) 1. Side of the employment contract (employer or employee), causing in connection with execution of labour duties harm (harm) to the other party, shall compensate it according to the rules established by the present code and other normative legal acts of Turkmenistan.
2. A collective agreement (the agreement) may specify the liability of the parties to the employment contract. When the employer's contractual liability before the employee must not be below and the worker before the employer is higher than that stipulated by this code.
3. Termination of employment after damage (harm) does not entail the release of hand labor contract from liability under the present code and other normative legal acts of Turkmenistan.
 
Article 207. Conditions for the liability of the parties to an employment contract for damage (injury) 1. Liability of the parties to an employment contract for damage (harm) caused it to the other side of the contract comes for damage (injury) incurred as a result of the guilty of wrongful conduct (action or inaction) and the causal link between the unlawful conduct and guilty pričinënnym damage (injury), unless otherwise provided by the present code and other normative legal acts of Turkmenistan.
2. the employer shall bear liability before the employee for damage (damage) caused by: 1) unlawful deprivation of the employee's employment;
2) property;
3) the life and health of the worker.
3. The employee bears liability to the employer for damage (damage) caused by the loss or damage to property of the employer or the employer's need has arisen in connection with these unnecessary expenditures.
 
Chapter 2. Liability of the employer before the employee Article 208. Damage (harm) reimbursable employer reimburses the employee harm (harm) caused him in connection with the performance of their duties or as a result of the unlawful deprivation of employment and, in the case of death of the breadwinner, the related-persons referred to in article 216 of this code, any harm (including moral) in full, unless otherwise stipulated by this code.
 
Article 209. Types of reparation (harm) compensation (injury) is affected: 1) paid monthly (for life) sums in wages or the relevant part thereof depending on the degree of incapacity as a result of an industrial injury;
2) compensation for additional costs associated with obtaining necessary medical care to conclude FIXED;
3) the payment of a lump sum in prescribed cases.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) Article 210. The obligation of the employer to reimburse the worker for the material damage (injury) incurred as a result of the unlawful deprivation of his or her employment, the employer shall reimburse the employee lost wages in all cases of illegal deprivation of his or her employment. Such an obligation is incurred, inter alia, if the wages were not received as a result of: 1) the illicit removal of the employee from work, his dismissal or transfer to another job;
2) refusal of the employer from the execution or late execution of the decision of the authority to review the labour disputes, the Trade Union body or Inspectorate Court for reinstatement of an employee to a previous job;
3) delayed the issuance of employment record book to the employee by the employer, amending the employment record book wrong or not conforming to the legislation of Turkmenistan wording causes dismissal of an employee;
4) in other cases stipulated by the legislation of Turkmenistan and the collective agreement (the agreement).
 
Article 211. The obligation of the employer to reimburse the damage (damage) caused by the employee's health 1. The employer is obliged to reimburse in full the damage (damage) caused by a health worker injury, illness or other impairment of health, related to the performance of employment duties, unless he proves that the damage (damage) of damage caused through no fault of his own.
2. the employer shall bear liability for the damage (damage) caused by a health worker employment injury as an employer in the territory and abroad, as well as during their journey to and return from work on transport provided by the employer.

3. the employer shall be obliged to compensate the damage caused by the drive (damage) to the health of an employee in the performance of employment duties a source of increased danger, unless he proves that the damage (injury) emerged as the result of force majeure or intent of the victim.
4. If the damage (damage) of damage caused is not a source of increased danger, the employer is exempt from liability if he proves that the damage (damage) of damage caused through no fault of his own.
5. damage (damage) caused by a health worker in the performance of his duties due to the fault of third parties (individuals and businesses), are compensated by the employer with the subsequent recourse to the criminally liable person in the manner prescribed by the legislation of Turkmenistan.
 
Article 212. Wine and evidence of employer liability for damage (injury) 1. Industrial injury is considered to be occurring due to the fault of the employer, if it occurred as a result of failure to provide them with healthy safe working conditions (failure to follow safety rules, industrial health, environmental safety, etc.).
2. proof of employer liability for damage (injury) and proof of his guilt are: 1) the Act of industrial accidents (occupational diseases);
2) verdict, the decision of the Court, Procurator, a body conducting an initial inquiry or pre-trial investigation;
3) the specially authorized bodies of the State supervision and control on the causes of damage to health;
4) decision about imposing of administrative or disciplinary penalties on those responsible officials;
5) medical report on occupational diseases;
6) other documents as well as the testimony of witnesses.
 
Article 213. Amount of damage (injury), recoverable due to damage workers ' health 1. Compensation (injury) is a monthly payment (for life) as a percentage of the salary of the injured to industrial injury, the appropriate degree of loss of professional work capacity, as well as compensation for additional costs caused by the injury.
2. the degree of loss of professional work capacity and means-tested additional types of assistance victim is defined by CATEGORIES.
The procedure for establishing the degree of incapacity as a result of an industrial injury is determined by the legislation of Turkmenistan.
3. When designating the size of damages (injury) takes into account the victim received State allowance or invalidity pension for employment injury, salary, scholarship.
4. In the event that the victim of the labour pension when determining the amount of damages (injury) takes into account the size of the previously assigned State allowance or invalidity pension with its increase in accordance with the acts of the President of Turkmenistan.
(As amended by the Act of November 8, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 151) article 214. Compensation of damage (injury) with repeated labour injury 1. In the event of a repeat of an industrial injury, the average monthly wage at the request of the victim shall be calculated for the relevant periods preceding the first or repeated employment injury.
2. If the employment injury suffered while working for the same employer, compensation of damage (harm) is calculated on the total percentage of disability on the basis of the first and repeated injuries.
3. If the employment injury caused by different employers, determining the amount of compensation for damage (harm) each employer separately, on the basis of the percentage of loss of professional work capacity on the relevant employment injury.
 
Article 215. Employer's liability for damages (damage) caused by the employee's assets 1. An employer who caused damage (harm) property of the employee, reimburses the damage (harm) in full. Amount of damage (harm) is calculated at market prices prevailing in the area at the time of reparation (harm), less wear and tear of the assets.
2. With the consent of the employee harm (harm) can be reversed by in kind.
3. statement by the employee for damages (the injury) is sent to them by the employer. The employer is obliged to consider the offer statement and decide within ten days from the date of its receipt. When an employee disagrees with the decision of the employer or the response is not received within the prescribed time limit, the employee has the right to go to court.
 
Article 216. The obligation of the employer to reimburse the damage (injury) in connection with the death of a breadwinner, 1. In the event of death of an employee in respect of employment injury, occupational disease or other impairment of health involving the execution of labor duties, the employer shall compensate the damage (harm) incapacitated family members and persons who were financially dependent on the deceased, as well as to persons under eighteen years of age, who were dependent on the deceased or took to the day of his death, the right to receive maintenance from him, a child of the deceased born after his death as well as one of the parents, spouse or other family member, if it is not working and busy caring for children-brothers, sisters or grandchildren of the deceased who have not reached the age of eight.
2. Disabled family members and persons employed on the deceased entitled to compensation (injury) in connection with the death of breadwinner, shall be considered:

1), children (including adopted children, stepchildren and step-daughter udočerënnye), brothers, sisters and grandchildren under the age of eighteen years or over that age if they became disabled before the age of 18 years, with brothers, sisters and grandchildren, provided that they do not have able-bodied parents, son and stepdaughter-if they had not received maintenance payments from parents;
2) father, mother (including adoptive parents, udočeriteli), the wife, the husband, if they have reached retirement age: 62 years men women-57 years old or are disabled and do not receive a pension or public benefit;
3) one of the parents or spouse or grandfather and grandmother by the father and mother, brother or sister, regardless of age or disability, if he (she) is busy caring for the children, siblings or grandchildren of the deceased breadwinner, under age and does not work;
4) grandfather and grandmother on his father's side and the mother who is of retirement age: 62 years men women-57 years old and have no means of livelihood, in the absence of the persons who are required by law to contain them.
The time of onset of disability of a family member (before or after the death of the breadwinner) does not affect his right to compensation (injury).
3. child survivor, full-time students in vocational schools, the amount of compensation (damages) in connection with the death of the breadwinner is paid before the end of their specified educational institutions, but not longer than until the age of twenty-four years.
 (As amended by the law of Turkmenistan dated January 1, 2010 and from November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2010, no. 1, art. 6, 2014, no. 4, art. 151) article 217. Amount of damage (injury), recoverable in connection with the death of a breadwinner, 1. Disabled family members and persons who were financially dependent on the deceased and entitled to compensation (injury) in connection with his death, harm (harm) is determined in the amount of average monthly wage less the share accounted for by himself and able-bodied persons who were dependent on him, but do not have the right to reparation (harm).
To determine the size of the damages (harm) to each of the persons entitled to compensation, part of the wage earner, which falls on all of the above-mentioned persons, divided by their number.
2. Disabled persons, who were not financially dependent on the deceased, but having the right to compensation (injury), its size is determined by a court decision.
3. If the right to compensation (injury) are simultaneously employed as a dependent of a deceased, and not those who were dependent on him, fixing the amount of compensation for damage (harm) to persons who were not financially dependent on the deceased. Installed them the amount of reparation (harm) is excluded from the wage earner, then based on the outstanding amount of wages is determined by the size of the damages (harm) to persons who were financially dependent on the deceased, in accordance with paragraphs 1 and 2 of this article.
4. Persons entitled to compensation (injury) a survivor's pension shall be assigned them a pension for loss of the breadwinner.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) article 218. 1 lump sizes. In the event of death of an employee resulting from an accident at work or occupational disease, the company pays the family (family members) of the deceased a lump sum equal to 10 annual salaries from the deceased.
2. The lump-sum benefit is not subject to taxation.
 
Article 219. The order and terms of compensation of damage (injury) by an employer in connection with damage to employee's health or his death order and terms of reimbursement by the employer of the damage (injury) in connection with the employee's injury or death related to execution of labor duties, are determined by the Cabinet of Ministers of Turkmenistan.
 
Article 220. The order of consideration of cases on compensation for damage (harm) caused the employee 1. Statement on the compensation (injury) is served to the employer affected employee, and in case of death of the employee-family (a family member) or his legal representative.
2. The employer must review the application and decide within ten days from the date of its receipt.
The decision shall be formalized by the employer stating the names of the persons which establishes the compensation (injury), its dimensions for each Member of the family and the timing of payments.
3. A copy of the order for reimbursement of employee injury (harm) or motivated written refusal of an employer to an employee is handed over or interested persons in a three-day period from the date of its adoption.
When an employee disagrees with the decision made by the persons concerned or of the employer or the response is not received within the prescribed time limit, they may apply to the Court for resolution of the dispute.
4. An employee who has received industrial injury during the period of work abroad, or family members of a deceased employee apply for damages (harm) to the employer, the employee sent abroad, or taking it to work abroad.
 
Article 221. Payment amounts in the compensation (injury) during their stay in homes for the elderly and persons with disabilities 1. In the case of the premises of the person who assigned the compensation (injury), boarding house for elderly and persons with disabilities amounts in damages (except amounts owed to disabled dependents) lists the employer to bank account orphanage.

2. Disabled dependants of those persons as compensation (injury) is made by the employer in the following order: one an incapacitated dependent one fourth on two-one third, three and more than half of the assigned amount of damages (harm). The remainder of the amount of damages (harm) is transferred to the account of the orphanage.
3. The person to whom reparation of harm (harm), boarding house is paid not less than 25 per cent of the assigned amount of damages (harm).
4. Minor dependants of the victim in full state maintenance, the difference between the assigned amount of reparation (harm) and the cost of public content, but not less than 25 per cent of the assigned amount of damages (harm) is transferred by the enterprise, in which it is contained, on their personal accounts in the Bank.
5. the employer shall pay the boarding house for elderly and disabled persons, for whom the cost of reparation of harm (harm).
 
Article 222. Payment amounts in the compensation (injury) during the serving recipient of punishment by deprivation of liberty for a period of serving the sentence of deprivation of liberty by a court sentence damages the amounts due (harm) is transferred to a special account in the Bank and paid to persons dependent on him, in accordance with their assigned share amount.
 
Article 223. Compensation (injury) in cases of liquidation, reorganization or change of owner of the enterprise or termination of activities the employer-a natural person 1. In reorganization or change of the owner of the company the obligation to pay compensation for damage (injury) in connection with industrial injury, occupational disease, as well as other impairment of health or death of a worker connected with execution of labour duties, is the successor.
2. In case of liquidation of the enterprise, including the foreign, the employer of the company is obliged to make lump sum payments owed to all persons entitled to compensation (injury) in connection with industrial injury, occupational disease, as well as other impairment of health or death of a worker connected with execution of labour duties.
Calculation of amount of damages (harm), to be paid in respect of employment injury, occupational disease or other impairment of health, produced for the period before reaching the person in the appropriate age life expectancy according to Turkmen State Committee on statistics.
Calculation of amount of damages (harm) in connection with the death of an employee, to be paid to eligible persons is made during the period on which there is such a right.
3. About the upcoming liquidation, reorganization or change of the owner of the enterprise, the termination of activities the employer is a natural person, the employer must within two weeks in writing, inform the persons entitled to compensation (injury) in connection with industrial injury, occupational disease, as well as other impairment of health or death of a worker connected with execution of labour duties. The employer shall also communicate, who will be referred to the payment.
4. in case of termination of activities the employer-an individual payment of damages (harm) in connection with industrial injury, occupational disease, as well as other impairment of health or death of a worker connected with execution of labour duties are carried out by employer-individual in accordance with paragraph 2 of this article.
5. In the case of insolvency of the employer, it pays compensation for damage (injury) in the first place, in accordance with the legislation of Turkmenistan.
 
Article 224. Payment amounts in the compensation (injury) is not received on time 1. Payment amounts in the compensation (injury), had not received by the victim or the persons entitled to compensation (injury), produced for the past time without any limitation period.
2. The amount of the compensation (injury) not received to the day of death of the beneficiary, shall be paid to the family members of the deceased or persons living together and dependents.
3. The amount of the compensation (injury) are not received in time due to the fault of the employer responsible for the damage (harm), is paid for past time without any limitation period.
Delayed through the fault of the employer paid the sum of damages (injury) are subject to indexing in connection with change of remuneration established by the legislation of Turkmenistan.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) article 225. Mixed responsibility of the parties to the employment contract in case of damage (harm) health worker 1. If gross negligence of the victim contributed to creating or increasing damage (injury), depending on the degree of guilt of the victim compensation is reduced accordingly.
2. When gross negligence of the victim and the absence of fault of the employer in cases where its liability is incurred regardless of fault, compensation is reduced accordingly. While the denial of compensation for injury (the injury) is not allowed. The employer's decision on determining the degree of guilt of the victim when his gross negligence may be appealed in court.

3. the joint responsibility does not apply in case of temporary transfer to other work, additional forms of reparation (harm), to the payment of a lump sum, as well as damages (harm) in connection with the death of the breadwinner.
 
Chapter 3. Employee liability Article 226. Conditions of attracting employees to liability 1. The employee can be brought to liability, while the following conditions: 1) injury (harm) caused the employer in the performance of employment duties;
2) the unlawfulness of the conduct (action or omission);
3) a direct causal link between the unlawful conduct of the employee and the employer have encountered damage (injury);
4) guilt employee for damage (injury).
2. In determining the amount of damage (injury) takes into account only the direct actual damages (injury), lost income not taken into account. Under the direct actual damages (damages) refers to the effective reduction of the cash assets of the employer or the deterioration of the assets (including property of third persons in the possession of the employer, if the employer is responsible for the safekeeping of the property), as well as the need for the employer to make the costs or unnecessary payments for the acquisition or the restoration of the property.
3. Unlawful recognized this behavior (action or omission) of an employee in which he fails to perform (or not properly executes) duties assigned to him by this code, the labour and collective agreement (the agreement).
4. the duty to prove the harm (harm), as well as other conditions of liability rests with the employer.
5. Workers who bear full liability on the basis of this code, are obliged to prove absence of guilt in causing harm (harm).
6. The employer is obliged to create the necessary conditions for the employees normal work and ensure the full safety of the property entrusted to them (values).
 
Article 227. Employee's liability for damage (damage) caused by the employer 1. The employee must compensate the employer caused him direct actual damages (harm). Unrealized income (loss of profit) collected from the employee.
2. The employee bears material responsibility for the direct actual damages (harm), directly caused by the employer and for damage (damage), arising from the employer as a result of reparations (harm) to other persons.
 
Article 228. Circumstances precluding liability employee employee's liability is excluded in cases of injury (harm) due to force majeure, normal economic risk, absolute necessity or self-defence or default by employer responsibility to ensure proper storage conditions for the property entrusted to the employee.
 
Article 229. The right of the employer to waive damages (harm) with employee 1. The employer has the right taking into account the specific circumstances under which was adversely harm (harm), totally or partially waive its recovery with the culprit employee.
2. Public enterprises, the decision may be taken, if it is provided by a collective agreement. Compensation (injury) in this case is carried out at the expense of profits, remaining in his possession.
 
Article 230. The total liability of employee 1. The total liability of the employee is his duty to indemnify damage (harm) in full.
2. liability in full amount caused damage (harm) can be attributed to the employee only in the cases provided for in article 231 of the criminal code.
 
Article 231. Cases of full material liability employee 1. The full amount of the liability caused harm (harm) is entrusted to the employee in the following cases: 1) if in accordance with this code or other normative legal acts of Turkmenistan on employee charged with the full amount of the liability for damage (damage) caused by an employer to an employee in the performance of employment duties;
2) deficiency values conferred on him on the basis of a special written contract or received on single document;
3) intentional harm (harm);
4) damage (injury) as a result of the offence established by a court sentence;
5) damage (injury) as a result of the administrative offence, if it is set to the relevant State authority;
6) disclosure of the information, which is protected by the law of Turkmenistan official, commercial or other secrets in the cases stipulated by the legislation of Turkmenistan;
7) damage (injury) is not an employee in the performance of employment duties;
8) harm (harm) is in condition of alcohol, narcotic or toxic inebriation.
2. employees under 18 years of age, have full liability in cases stipulated in points 3-5 and 8 of the first paragraph of this article.
3. liability in full amount caused damage to the employer (the injury) can be installed by the employment contract concluded with the head of the undertaking, Deputy Heads, Chief (senior) as an accountant.

 
Article 232. Written contracts on full personal liability 1. Written contracts on full personal liability may be concluded by the employer with workers (age) occupying positions or performing the work directly associated with the storage, handling, sale (release), transport or use in the production process referred to them values.
2. officials responsible for unlawful dismissal or transfer to other work material officer for allowing violations of the duties referred to in paragraph 1 of this article shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
3. The list of posts and work, as well as the form of the Model Treaty on full personal liability shall be approved by the Cabinet of Ministers of Turkmenistan.
4. It is not permitted to conclude a written contract about complete liability of persons convicted persons for the offence of making a profit, if the criminal record has not been cancelled or withdrawn by the Court in the manner prescribed by the legislation of Turkmenistan.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 233. Collective (Brigade) liability for damage (injury) 1. When the employees fulfil certain types of work associated with the storage, handling, sale (release), transport, use in the production process or otherwise use values referred to them, when it is impossible to distinguish between the responsibility of each employee for damage (injury) and conclude the contract for damages (harm) in full, may be collective (Brigade) liability.
2. A written agreement on collective (Brigade) liability for damage (harm) is concluded between the employer and all members of the team (Brigade).
3. List of works in which may be collective (Brigade) liability, the conditions of its application, as well as the form of the Model Treaty on collective (Brigade) liability shall be approved by the Cabinet of Ministers of Turkmenistan.
4. In case of voluntary damages (harm) the degree of fault of each Member of the team (brigades) is determined by agreement between all members of the team (brigades) and the employer. In case of damage (harm) the degree of fault of each Member of the team (brigades) is determined by the Court.
 
Article 234. The obligation of the employer to establish the size of the caused injury (harm) and the reason for its occurrence 1. Before deciding on the compensation (injury) specific employees, the employer is obliged to conduct an audit to establish the size of caused damage (injury) and its causes. To conduct such a review, the employer has the right to establish a Commission with the participation of representatives of the Trade Union or other representative body of employees and related professionals.
2. Recovery from the employee an explanation in writing to establish the cause of the injury (the injury) is required. Refusal of the employee to give an explanation cannot constitute an obstacle to attracting it to the liability for damage (damage) caused by the employer.
3. The employee and/or his representative have the right to be informed of all the evidence of verification and appeal in accordance with this code.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) Article 235. Determination of amount of damage (injury), caused the Enterprise 1. The size of the enterprise caused harm (harm) is determined by the actual losses on the basis of the accounting data, based on market prices, net of depreciation on the established norms. Theft, losses, intentional destruction or intentional damage of material assets damage (harm) is determined according to the rules established by the legislation of Turkmenistan.
2. The trade and catering enterprises damage (harm) caused losses or thefts of products and goods, is determined by the prices set for sale (realization) of the products and goods.
3. the laws of Turkmenistan can be established a special procedure for determining the level of harm (harm), including multiple terms, caused the enterprise to theft, lack or loss of certain types of property and other valuables, in cases where the actual amount of damage (injury) exceed their nominal size.
4. the amount of damages (harm), caused by the fault of a few employees is determined for each one, taking into account the specific degree of fault type and limit of liability.
 
Article 236. Recovery procedure (injury) 1. Compensation (injury) in an amount not exceeding the average monthly wage, produced at the behest of the employer, and business executives and their deputies at the behest of the higher chain of command authority through deductions from the employee's salary.

2. order the employer or superior by way of subordination body must be issued no later than two weeks from the date of the discovery caused employee injuries (injury) and reversed for execution at the expiry of seven days from the date of the communication worker about this. If the employee does not agree with the deduction or its size, labor dispute on his application was dealt with in the manner prescribed by the legislation of Turkmenistan.
3. In other cases, the compensation (injury) is done by presentation of the employer's action in court.
 
Article 237. Limits of liability of employee 1. Liability for damages (damage) caused by the company in the performance of employment duties is entrusted to the employee and must not exceed full size caused injury (harm), except for the cases stipulated by the legislation of Turkmenistan, subject, if loss (damage) of damage caused by his fault.
2. In determining the amount of damage (injury) takes into account only the direct actual damages (harm).
3. It is unacceptable to hold the employee liable for damage (injury), which belongs to the category of normal production and economic risk (experimental production, the introduction of new technologies, etc.).
 
Article 238. Cases of limited liability of workers Limited liability in accordance with the legislation of Turkmenistan bear: 1) workers for damage or destruction through negligence materials, semi-finished products, products (product), including their manufacture, in the amount caused damage through no fault of their own (harm), but not more than their average monthly salary. The same amount employees are liable for damage to or destruction of negligently tools, appliances, clothing and other items, issued by the company to the employee;
2) business executives and their deputies, as well as the heads of the structural subdivisions of enterprises and their deputies in the amount caused damage through no fault of their own (harm), but not in excess of their monthly wages if the damage (damage) of damage caused by the enterprise surplus cash payments, incorrect taking into account and storage of material or monetary values, the lack of the necessary measures to prevent downtime, quickie, theft, destruction or damage of material or monetary values.
 
Article 239. The right to appeal against the decision on damages (harm) to damages (harm) caused to property of the employer, may be appealed in court.
 
Article 240. Accounting specific circumstances when imposing liability on employee 1. The Court may, taking into account the degree of culpability, circumstances and material situation of the employee to reduce the size of the injury (harm), recoverable.
2. it is not allowed to decrease the amount of damage (injury), recoverable if the damage (damage) of damage caused by a crime, provided for the purpose.
 
SECTION XIII. FEATURES of the REGULATION of the EMPLOYMENT of CERTAIN CATEGORIES of EMPLOYEES Chapter 1. Features of the regulation of the employment of women and other persons with family responsibilities Article 241. Guarantees for pregnant women and women with children, when employment and termination of labour contract 1. It is prohibited to deny women employment and lower wages for reasons connected with pregnancy or the presence of a child under three years of age (disabled children up to 16 years-).
Business executives and their deputies, as well as the heads of structural units and their deputies for the denial of employment specified persons shall bear responsibility in accordance with the legislation of Turkmenistan.
2. In case of refusal in employment specified categories of women, the employer is obliged to inform them of the reasons for the refusal in writing. Refusal of employment may be appealed in court.
3. The termination of the employment contract with pregnant women and women with children under three years of age (disabled children up to 16 years), on the initiative of the employer is prohibited, except in cases of liquidation or cessation of activities the employer is a natural person, theft of property owner, systematic violation of labor discipline, as well as in the case referred to in paragraph 5 of this article.
4. In case of expiration of a fixed-term employment contract during pregnancy, the employer must in her affidavit and in submitting a medical certificate confirming pregnancy status, extend the duration of the employment contract before the end of the pregnancy. The woman, the validity of an employment contract which was extended until the end of the pregnancy, is obliged upon request of the employer, but not more frequently than once every three months to provide a medical certificate confirming pregnancy status. If this woman actually continues to work after the end of pregnancy, the employer may terminate the employment contract with it in connection with the expiration of its validity within one week from the date on which the employer knew or should have known about the end of the pregnancy.

5. it is the dismissal of a woman in connection with the expiration of a labor contract during her pregnancy, if the employment contract was concluded for the duty of the missing worker and impossible with the written consent of women translate it before the end of the pregnancy to another existing employer job (as a vacant post or work corresponding to the qualifications of women and a vacant post or downline lower paid work), that woman can fulfil her health status with a glance. In doing so, the employer is obliged to offer her all meet the specified requirements of the vacancies available in the area. Offer jobs in other areas, the employer must, if it is stipulated in the employment contract, collective agreement (the agreement).
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 242. Work in which the use of female labour is prohibited 1. It is prohibited to work at night, working overtime, at weekends, non-working holidays and memorable days, as well as the direction of travel of pregnant women.
2. It is prohibited to lift and move heavy weights exceeding women manual limits, approved by the specifically authorized body referred to in paragraph 1 of article 404 of the present Code, in agreement with the "Turkmen standards and by the Ministry of health and medical industry of Turkmenistan.
 (As amended by the law of Turkmenistan on June 22, 2013 and August 18, 2015-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 243. Especially working conditions for women and persons with family responsibilities 1. Limited to the use of female labour in jobs with hazardous and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions, with the exception of non-physical work or care and domestic services.
List of works, professions and jobs with harmful or hazardous (extremely hazardous and extremely hazardous) working conditions in which the use of female labour is limited, approved by the specifically authorized body referred to in paragraph 1 of article 404 of the present Code, in agreement with the "Turkmen standards and by the Ministry of health and medical industry of Turkmenistan.
2. Women with children under three years of age (disabled children-up to sixteen years of age) may not be assigned to night work, overtime work, work during weekends, non-working holidays and memorable days and also be sent on business trips without their written consent.
3. Women with children aged from three to 14 years of age (disabled children up to 16 years-), may not be required to work overtime or be sent on business trips without their written consent.
4. women referred to in the second and third parts of this article should be instructed in writing with its right to abandon the prosecution of these types of works.
5. An employer may not involve night work, overtime work, and sent on a business trip and the work being done by shift workers caring for sick family members, if based on medical opinion they require care.
(As amended by the law of Turkmenistan on June 22, 2013 and from November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 4, art. 151) article 244. Shorter working hours for pregnant women working in agriculture pregnant women working in agriculture in the field, sets the working day of six hours with preservation of the average wage.
 
Article 245. Translation of the women on the other, an easier job 1. Pregnant women in accordance with medical findings, declining standards, service standards or they are transferred to another, an easier job not subject to unfavourable factors of production, while maintaining the average wage for the previous job.
2. prior to the decision on whether to grant a pregnant woman in accordance with medical findings, other work easier, excluding the impact of unfavorable productive factors, she shall be released from work, while maintaining the average wage for all missed work days because of this at the expense of the enterprise.
3. Women with children under 18 months of age, in the event of inability to perform previous work, are transferred to other, easier work with maintaining the average wage for the job until the child reaches the age of one and a half years.
 
Article 246. Additional day 1. One of the parents (guardian, trustee), bringing up a disabled child up to the age of sixteen years shall be granted one additional day off per month with payment in the amount of his daily wage.
2. At the written request of one of the parents (guardian, trustee) an employer has the right to provide the days indicated in the first part of this article in conjunction within the working year or attach them to the annual basic employment release.
 
Article 247. Breaks for feeding a child 1. Women with children under the age of 18 months is, in addition to the General breaks for rest and food, additional breaks for feeding the child.

2. Such breaks every three hours for a period of not less than thirty minutes each. If you have two or more children under the age of one and a half years, the duration of the break shall not be less than one hour each.
3. Breaks for feeding a child are included in working time and are paid at the average wage.
4. Duration and order of granting breaks shall be established by the employer together with the Trade Union or other representative body of employees, taking into account the wishes of the mother.
 
Article 248. Services for women in enterprises with extensive use of female labour in enterprises with extensive use of female labour is organized nurseries and gardens, rooms for breastfeeding, as well as rooms women's personal hygiene.
 
Article 249. Guarantees and benefits for persons raising children without a mother guarantees and benefits granted to women in connection with maternity (restriction of labour on the night and overtime work, limiting the attraction to work at weekends, non-working holidays and memorable days and directions, parental leave without pay, the establishment of preferential regimes, labour and other guarantees and privileges established by the legislation of Turkmenistan), also apply to fathers raising children without a mother (in the event of her death , deprivation of parental rights, a long stay in the hospital and in other cases the lack of maternal custody of children), as well as guardians of minors.
 
Chapter 2. Features of the regulation of workers under the age of eighteen Article 250. Labour rights of workers under the age of eighteen employees under age 18 in labour relations are equated in rights of adults, but in the sphere of labour protection, working hours, leave and certain other working conditions enjoy the benefits established by the present code and other normative legal acts of Turkmenistan.
 
Article 251. Medical examinations of persons under eighteen years of age 1. All persons under 18 years of age are employed only after a preliminary medical examination, and thereafter, until the age of eighteen years shall be subject to the annual compulsory medical examination.
2. mandatory annual medical examinations of young workers conducted during working hours with preservation of the average wage.
 
Article 252. Guarantees concerning the employment of persons under eighteen years of age 1. The employer is obliged to employ persons under the age of eighteen years, directed local authority (service) employment and other bodies in order to obtain employment in workstations account quota.
2. Refusal to hire at the expense of quotas is prohibited and may be appealed in court.
3. features of the employment of persons under the age of eighteen years shall be determined by the present code and other normative legal acts of Turkmenistan, a collective agreement (the agreement).
 
Article 253. The work, which prohibits the employment of persons under eighteen years of age 1. Prohibits the employment of persons under the age of eighteen years of age in jobs with hazardous and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions, as well as in work which may harm their health or moral development (gambling, production, transportation of alcoholic beverages, tobacco products, narcotic, toxic and other means and trade).
List of works, professions and jobs with harmful or hazardous (extremely hazardous and extremely hazardous) working conditions in which it is prohibited to employ persons under the age of eighteen years, approved by the specifically authorized body referred to in paragraph 1 of article 404 of the present Code, in agreement with the "Turkmen standards and by the Ministry of health and medical industry of Turkmenistan.
2. It is prohibited to lift and move by hand by persons below eighteen years of age weights exceeding the limits approved by the designated authority referred to in paragraph 1 of article 404 of the present Code, in agreement with the "Turkmen standards and by the Ministry of health and medical industry of Turkmenistan.
(As amended by the law of Turkmenistan on June 22, 2013, from November 8, 2014 and August 18, 2015-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 4, p. 151) article 254. Compensation of employees under the age of eighteen years at a reduced working day 1. The wages of workers under 18 years of age with a reduced working day shall be paid in the same amount as employees of the corresponding categories working a full working day.
2. Employees under 18 years of age admitted to piece-work, paid on piece-rates established for adult workers, with payment on the tariff rate for the amount of time that their daily work is reduced compared with the duration of the daily work of adult workers.
3. Remuneration of students in secondary schools and secondary vocational schools, working in their free time, shall be made in proportion to the time worked or according to productivity.
4. Company at its own expense can set students wage supplements.
 
Article 255. Prohibition to involve workers under eighteen years of age to night work and overtime work
 

It is prohibited to engage workers under eighteen years of age to night work, overtime work or work on weekends, non-working holidays and memorable days, as well as to send them on business trips.
 
Article 256. Standards for young workers 1. For workers aged under 18 are based on standards from the standards for adult workers in proportion to the reduced working hours for persons under eighteen years of age.
2. For young workers coming to the end of secondary schools, secondary vocational schools, courses, as well as past professional training at work, in cases stipulated by the legislation of Turkmenistan cases and rates and defined deadlines approved by the reduced workload standards. These standards are endorsed by the employer in consultation with the Union body in the company or other representative body of employees.
 
Article 257. Limit the dismissal of employees aged under 18 dismissal of workers under eighteen years of age on the initiative of the employer, shall be allowed in addition to compliance with the General order of dismissal, only with the consent of the Trade Union of the authority and the Commission on juvenile affairs. When this dismissal on the grounds specified in paragraphs 1-3 of the first paragraph of article 42 of this code shall not be permitted without employment.
 
Article 258. The termination of the employment contract with employees under the age of eighteen years at the request of their parents and other persons employment contract with employees younger than eighteen years of age may be terminated at the request of their parents, adoptive parents, foster parents, adoptive parents and guardians, as well as the agencies of tutorship and guardianship and other bodies entrusted with the supervision and monitoring of compliance with labour legislation of Turkmenistan, if the continuation of the Treaty threatens the health of minors, or infringe their legitimate interests.
 
Chapter 3. Features of the regulation of the labour leader of the enterprise and the members of the executive body of the enterprise Article 259. General provisions 1. Head of the enterprise-a natural person who, in accordance with the law or constituent documents of the enterprise manages the business, including performs the functions of its sole executive body.
2. The provisions of this chapter apply to heads of enterprises, regardless of their legal form and form of ownership, except when: 1) Enterprise Manager is the only party (founder), a member of the company, the owner of his property;
2) management of the enterprise is carried out under contract with another enterprise (Enterprise Manager) or individual entrepreneur (Manager).
 
Article 260. The legal bases for the regulation of the employment of the Director 1. The head of the company's rights and obligations in labour relations shall be determined by the present code and other normative legal acts of Turkmenistan, the constituent documents of the enterprise, the labour contract.
2. the head of the undertaking paid work is prohibited on terms of job-sharing positions, except teaching, research and creative activity.
3. The Director shall serve on bodies exercising oversight and control functions in the enterprise.
 
Article 261. Conclusion of an employment contract with the head of the undertaking 1. Employment contract with the head of the enterprise is a term defined by the founding documents of the company or agreement of the parties, but not more than established by this code.
2. Laws and other normative legal acts of Turkmenistan or constituent documents of the enterprise can be installed procedure prior to the conclusion of an employment contract with the head of the enterprise (a contest, the election or appointment and others).
 
Article 262. Liability of the Director 1. Head of the company bears a liability for direct actual damages (damage) caused by the enterprise.
2. In cases stipulated by the legislation of Turkmenistan, head of the company shall reimburse the company harm (harm) caused his guilty acts. While the definition of harm (harm) is carried out in accordance with the legislation of Turkmenistan.
 
Article 263. Additional grounds for termination of an employment contract with the head of the company in addition to the grounds provided by the present code and other normative legal acts of Turkmenistan, an employment contract with the head of the undertaking may be terminated in connection: 1) the removal from Office of the head of the enterprise-debtor in accordance with the legislation of Turkmenistan on bankruptcy;
2) with the adoption of the authorized body of a legal person or the owner of the property of the enterprise, or authorized by the owner of the face (body) informed decision on early termination of the employment contract;
3) in other cases in accordance with the legislation of Turkmenistan.
 
Article 264. Features of the regulation of the labour of the members of the executive body of the enterprise
 

1. The legislation of Turkmenistan, the constituent documents of the enterprise to the members of the Executive Body (Board of Directors) of the company, have entered into a contract of employment may be subject to particular labour regulation established by this chapter for the head of the company.
2. The laws of Turkmenistan may establish other features of the regulation of labour business leaders and members of the executive bodies of these companies.
 
Chapter 4. Features of the regulation of labour invalids Article 265. The basis of the legal situation of persons with disabilities 1. Disabled in Turkmenistan have the full range of social, economic, political or personal rights and freedoms enshrined in the Constitution of Turkmenistan, the present code and other normative legal acts of Turkmenistan.
2. Discrimination against the disabled is prohibited. Discriminating person shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 266. Features of the regulation of labour invalids disabled Implementation of the right to work, employment and job quotas for persons with disabilities, conditions for persons with disabilities to education and training is carried out in accordance with the present code and other normative legal acts of Turkmenistan.
 
Chapter 5. Features of the regulation of the labour of persons working part-time Article 267. General provisions on part-time work 1. Under the sovmestitel′stvom refers to the execution of the employee, in addition to its core, another regular paid work for the same or another employer in their spare time on the terms of the employment contract and in accordance with the rules of the internal labour schedule enterprise. At the conclusion of a contract of employment on a part-time basis must be pointed out that this work is sovmestitel′stvom.
2. For moonlighting requires warning employer at the place of substantive work, except as provided for in article 275 of the criminal code.
3. features work on a part-time basis, including for certain categories of workers (pedagogical, medical and pharmaceutical workers, culture, sports, tourism) are defined by the regulations on working conditions, approved by the specifically authorized body referred to in paragraph 1 of article 404 of the present code.
 (As amended by the law of Turkmenistan on June 22, 2013 and from November 8, 2014-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45, 2014, no. 4, p. 151) article 268. Documents for part-time employment In part-time employment with another company employee must provide the employer with a passport or another identification document. When part-time job requiring specialized knowledge, the employer has the right to require an employee presentation of the diploma or other document on education or training or their duly certified copies, and when applying for jobs with harmful, particularly severe working conditions help the nature and conditions of work on the main place of work.
 (As amended by the law of Turkmenistan dated January 1, 2010-Statements of the Mejlis of Turkmenistan, 2010, no. 1, p. 6) article 269. The working time of persons working part-time hours of work established for persons employed by an employer on a part-time basis may not exceed four hours per day or a full day on a weekend.
 
Article 270. The remuneration of those working part-time 1. The remuneration of those working part-time, is made in proportion to the time worked, depending on the formulation or other conditions determined by the employment contract.
2. when determining the persons working part-time with a time-based pay standard wages jobs produced by output actually executed.
 
Article 271. Leave work part-time persons working part-time, unpaid leave is available simultaneously with the release of on substantive work.
 
Article 272. Guarantees and compensation for persons working part-time Warranty and compensation for persons working part-time, are only available on the main place of work.
 
Article 273. Restrictions on part-time work 1. The lesson is not allowed in State-owned enterprises under the conditions of two part-time positions in addition to the masters and foremen positions, unless otherwise prescribed by the legislation of Turkmenistan.
2. it is prohibited to work part-time persons under eighteen years of age, pregnant women, as well as on night work, work in harmful, particularly severe conditions, if the main work is related to the same conditions.
3. When sovmestitel′stve prohibited collaborate relatives associated with direct ownership and podčinënnost′û.
4. For certain categories of workers can be installed concurrently limit the legislation of Turkmenistan.
5. A public official or public servant who is not entitled to work part-time, except teaching, research and creative activity.

6. it is not allowed to party on a part-time basis at the substantive positions of persons convicted of crimes, if self-serving conviction has not been cancelled or withdrawn by the Court in the manner prescribed by the legislation of Turkmenistan, as well as for positions or activities, engaging in prohibited by a court sentence for separate categories of citizens.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) Article 274. Additional termination (termination) of an employment contract with a person working on a part-time basis in addition to the grounds provided by the present code and other normative legal acts of Turkmenistan, an employment contract with a person working part-time may be discontinued in case of employment of an employee for whom this will be the key.
 
Article 275. The work is not considered sovmestitel′stvom not considered sovmestitel′stvom implementation employees along with the main the following kinds of works: 1) literary work, including work on editing, translation and review of selected works from the Fund paid royalties;
2) technical, patent, medical, accounting and other expertise with a one-time payment of labour;
3) pedagogical work with hourly wages in the amount of not more than 240 hours per year;
4) perform the work as medical consultants healthcare institutions with one-off remuneration in the amount not exceeding 12:00 per month;
5) consultations scientific employees of research institutes, University professors, the main public health professionals in hospitals paid hourly in the volume not exceeding 240 hours per year;
6) work on a contractual basis, leading scientific, pedagogical and practical workers for short-term training in enterprises;
7) guide applicants academic degrees in research institutions and higher education researchers and highly qualified professionals, including in decision-making positions in educational institutions and research institutions;
8) work without classes full-time at the same enterprise (teachers of secondary, primary and secondary professional schools administration responsibilities to offices, laboratories and offices, pedagogical work guidance and other employees of educational institutions, work related to supervision of in-service training and practice of pupils and students, medical workers on duty in excess of the monthly multiyear average working hours and other work);
9) teachers of secondary, primary and secondary professional schools, equated to pay employees, accompanists and accompanists educational institutions training arts and music departments (faculties) of other higher educational institutions, medical workers of health institutions as excess medical and training load in the same educational institution or institution of health, teaching and leadership circles in the same educational institution , preschool, child care or other extra-curricular;
10) to organize and conduct trips in terms of hourly or piecework pay, as well as on support groups in the system of tourist-excursion organizations (enterprises);
11) other work performed in cases where on the substantive work of the employee is part-time and, accordingly, the part-time salary (rate);
12) responsibilities for which the supplement is installed to salary (rate) in percentage or in cash.
The performance of work referred to in paragraphs 1 and 10 of this article, during working hours is not allowed.
The performance of work referred to in paragraphs 2-7 of this article shall be allowed during working hours with the permission of the head of the enterprise without retention of salary.
The performance of work referred to in paragraphs 8 and 9 of this article are carried out depending on the nature of the work, both in regular time and beyond.
 (As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) 6. Features of the regulation of employment of persons employed in seasonal work Article 276. Seasonal work 1. Seasonal work recognized that due to climatic and other natural conditions are performed within a certain period (of the season), not exceeding nine months.
2. Persons employed in seasonal work (seasonal workers), covered by the labour legislation of Turkmenistan.
 
Article 277. Terms and conditions of the employment contract with seasonal employees 1. The condition of the seasonal nature of the work must be specified in the employment contract.
2. Seasonal workers with employment trial period is not installed.
3. A contract of employment with seasonal employees is for a period not exceeding the duration of the season.
 
Article 278. Holiday seasonal workers seasonal workers who have served for a full season for enterprises regardless of their departmental affiliation, after the end of the season are granted a paid leave at the rate of two and for people with disabilities-three calendar days for each month of work.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45)
 

Article 279. Termination (termination) of a labour contract with a seasonal employee 1. Seasonal employee shall notify the employer in writing of the early termination (termination) employment contract for one week.
2. The employer is obliged in writing against a receipt not less than one week to warn of the impending dismissal of seasonal worker in connection with the liquidation of the enterprise or termination of activities the employer is a natural person, the downsizing or workforce.
3. A contract of employment with seasonal workers can be discontinued (dissolved) at the initiative of the employer in the following cases: 1) suspension of work for more than two weeks for reasons of production, as well as reducing the amount of work from the employer;
2) seasonal worker absence at work due to temporary loss of ability to work continuously for more than one month. In the case of disability occurring as a result of an industrial injury or occupational disease, as well as when the legislation of Turkmenistan a more long term saving place of work (position) at a specific disease, for seasonal workers preserved place of work (position) to rehabilitation or incapacity, but no longer than until the end of the period of employment under an employment contract.
 
Article 280. Seasonal employee severance indemnity to the employee in the amount of two-week seasonal wages paid in the cases provided for in article 54 of this code, as well as upon the termination of the employment contract on the grounds provided for in paragraph 1 of part 3 of article 279 of the criminal code.
 
Article 281. Payment of the average wage of a seasonal employee for the period of forced absence 1. Seasonal worker recovered on addressing the body for the industrial dispute paid average wages for the period of forced absence from the date of the dismissal to the restoration of the work or the expiry of the work under an employment contract, but not more than three months.
2. Seasonal employee, unlawfully transferred to other lower paid work, shall be paid average wages for the period of forced absenteeism or difference in wages during the execution of nižeoplačivaemoj work in accordance with paragraph 1 of this article.
 
Article 282. The procedure for calculating seniority seasonal worker 1. Seasonal employee in cases stipulated by the legislation of Turkmenistan, seniority is accumulated with the employer, if he spent the season entirely, has signed a contract for next season and returned to work within the prescribed time limit.
2. the period of seasonal work for a full season will be counted in the length of the employee for the year.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) 7. Features of the regulation of the labour of persons involved in vahtovomu method of work Article 283. Shift work method 1. Shift method of work-a special form of implementation of labour process outside the place of residence of the person, which cannot be achieved daily return it to the place of permanent residence.
2. when an employer provides employees ' method of work rotational period at the facility housing works to ensure their livelihoods, delivery to the place of work and back, as well as conditions for work and rest meždusmennogo.
 
Article 284. Limitations on shift work method 1. The vahtovomu method of work may not be a person under the age of eighteen, pregnant women and those with medical contraindications to vahtovomu method of work.
2. Women with children under three years of age (disabled children up to 16 years-) can be brought to vahtovomu method of work with their written consent.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) Article 285. Watch duration 1. Watch length includes the period of performance of work and hours of rest between shifts in rotational village, field campus, as well as other specially equipped under the housing premises.
2. watch Duration should not exceed one month. In exceptional cases at individual facilities taking into account the views of the employer-Union or other representative body of employees watch the duration may be extended to two months.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, no. 2014 4.0, art. 151) Article 286. The mode of work and leisure, time and attendance with rotational method of work Mode of work and leisure, time and attendance with rotational method of work regulated by this code, the provisions, approved by the relevant ministries, departments, enterprises and non-State form of ownership, in agreement with trade unions or other bodies that represent workers.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) article 287. Guarantees and compensation for those working shifts
 

1. employees, performing work shifts for each calendar day in places of works during the period, as well as for the actual days spent in the path of the location of the employer (paragraph collection) to the place of work and back instead of per diem allowance for shift working method at the rate of 75 per cent of the daily wage rate (salary).
2. during the days of company location (point of collection) to the place of work and vice versa, provided for in schedule on watch, as well as for days of travel delays on the weather conditions or the fault of the transport enterprises employee is paid daily wage rate (salary).
(As amended by the law of Turkmenistan dated January 1, 2010-Statements of the Mejlis of Turkmenistan, 2010, no. 1, art. 6) 8. Features of the regulation of the labour of persons working for employers-individuals who use hired labor Article 288. Conclusion of an employment contract between the employer and employee physical person 1. Conclusion of an employment contract between the employer-a natural person using hired labor, and the employee is made in the form of a written contract signed by the parties and defines the conditions and procedures for its payment, rights and obligations of the parties.
Employee when entering into an employment contract with an employer-an individual undertakes to do unauthorised legislation of Turkmenistan work, certain that contract.
2. employment contract include all mandatory conditions essential for the employee and the employer.
3. the employer is a natural person shall: 1) to conclude an employment contract with the employee and register it in the place of tax accounting;
2) pay royalties on State pension insurance and other mandatory payments in the manner and amount established by the legislation of Turkmenistan.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 289. The term of an employment contract by agreement between the employee and the employer is a natural person may be entered as fixed-term and permanent employment contract.
 
Article 290. Change of terms of employment contract to modify the conditions of an employment contract, the employer is an individual employee warned in writing not less than fourteen calendar days.
 
Article 291. Termination of employment contract 1. An employment contract with an employee, working for the employer who is a natural person, may be discontinued on the grounds provided by the present Code, as well as the employment contract.
2. Notice of dismissal, as well as cases and dimensions upon termination of employment severance pay and other compensation payments are determined by the employment contract.
 
Article 292. Working and rest time regime of workers the employer physical person operating mode, the provision of rest days and annual paid leave shall be determined by agreement between the employee and the employer is a natural person. When the workweek cannot be greater than, and is less than the annual paid leave established by this code.
 
Article 293. Documents confirming work for employers-individuals 1. Document confirming the time an employer who is a natural person, is a work book. Information about employment are recorded in their employment records state tax service at the place of tax accounting of the employer physical person in accordance with the legislation of Turkmenistan.
2. the employer is a natural person does not have the right to make entries in the workbooks employees, as well as to issue work books to employees recruited to work for the first time.
 
Article 294. Resolution of individual labour disputes, individual labor disputes not settled by the employee and the employer is a natural person, alone, shall be considered by the Court.
 
Chapter 9. Features of the regulation of the employment of domestic employees working for employers-individuals Article 295. 1 domestic workers. Domestic workers are persons who perform work under an employment contract in the household of citizens, providing them with technical assistance in the literary, other creative activities and other services not prohibited by the legislation of Turkmenistan.
2. persons caring for disabled of Group I or a disabled child under the age of 16 years are not domestic workers. Features of the employment relationship of the above-mentioned persons are determined by the legislation of Turkmenistan.
 
Article 296. Conclusion of an employment contract with domestic workers 1. Domestic workers employment contract shall be in writing and can be both fixed-term and indefinite. The employment contract shall be registered at the place of tax accounting of the employer physical person within seven calendar days from the date of signing of the contract.
2. A contract of employment is not, if the work is of a short-term nature (a total of up to ten days in a month).
3. Information on the employment of workers employed in the household of individuals are recorded in their employment records state tax service at the place of tax accounting of the employer physical person in accordance with the legislation of Turkmenistan.

4. Time of work under a labour contract shall be counted in the length of service in the manner prescribed by the legislation of Turkmenistan.
 
Article 297. Remuneration of domestic workers 1. Remuneration of domestic workers is made in the manner and amount determined in the employment contract, but not less than the minimum wage established by the legislation of Turkmenistan.
2. a domestic worker wages subject to taxation in accordance with the legislation of Turkmenistan.
 
Article 298. The working and rest time of domestic workers 1. The working and rest time of domestic workers are governed by agreement between the parties to an employment contract. The duration of the working week cannot exceed prescribed by this code.
2. specific rest days stipulated by the parties to the employment contract.
3. Domestic workers are entitled to annual paid leave of not less than thirty calendar days in the manner and under the conditions established by this code.
 
Article 299. Termination (termination) of the labour contract with domestic workers 1. The employment contract can be discontinued (dissolved) at the initiative of each of the parties without cause at any time except during the illness of the worker, when the termination of an employment contract by the employer shall be permitted only after two weeks from the date of loss of worker disability.
2. Employment contract with him contributed by writing on its termination is submitted by the parties in the body that logged this Treaty.
 
Article 300. State pension insurance for domestic workers on wages of domestic workers are made deductions for State pension insurance in the manner and amount established by the legislation of Turkmenistan.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, art. 45) 10. Features of the regulation of the outworkers Article 301. Homeworkers 1. Homeworkers are persons who have an employment contract on the execution of works (services) at home out of materials and use of tools and mechanisms, the resources allocated by the employer or purchased nadomnikom at their own expense.
2. In case of using nadomnikom their instruments and mechanisms for compensation to him for their wear. The compensation and reimbursement of other expenses (cost of electricity, water, etc) associated with performance of the work at home, are made by the employer in accordance with the procedure determined by labour and collective agreement (the agreement).
3. Procedure and deadlines provide homeworkers with raw materials, materials and semi-finished goods, payment for manufactured products, reimbursement for materials owned by nadomnikam, procedure and deadlines for the exportation of the finished product, maintenance and repair of equipment, machinery and devices are determined by labour and collective agreement (the agreement).
4. On homeworkers subject to the labour legislation of Turkmenistan with the characteristics established by the present code.
 
Article 302. Organization and the working conditions of homeworkers 1. Works (services) performed by nadomnikom, cannot be in contradiction with them on health grounds and must be performed under conditions that meet the requirements for safety and health at work.
2. Certain types of domestic work (services) in accordance with the General rules of fire safety and sanitation, as well as housing and household conditions of homeworkers may be accepted only with the approval of the relevant authorities.
 
Article 303. Termination (termination) of the labour contract with homeworkers employment contract with homeworkers (dissolved) in the manner determined by the present code and the employment contract.
 
Chapter 11. Features of the regulation of employment of persons employed in temporary jobs Article 304. Persons employed in temporary jobs persons employed in temporary jobs, are persons (temporary workers) employed for up to two months.
 
Article 305. Conclusion of an employment contract with the temporary workers 1. When entering into an employment contract with the temporary workers a probationary period for them.
2. Temporary workers who have an employment contract for a period of up to two months paid leave shall not be authorized.
 
Article 306. Attracting temporary workers to work on weekends, non-working holidays and memorable days 1. Temporary workers can be within the period of temporary work involved with their written consent to work on weekends, non-working holidays and memorable days.
2. work on weekends, non-working holidays and memorable days is compensated in cash in double size.
 
Article 307. Termination of employment contract with the temporary workers 1. Temporary employee shall notify the employer in writing at least three calendar days of the termination of the employment contract.
2. the employer shall in writing notify the temporary worker against at least three calendar days of the impending dismissal in connection with: 1) liquidation of the enterprise or termination of activities the employer is a natural person;
2) downsizing or workforce;
3) suspension of the work of the employer for a period of not more than one week for reasons of production, as well as reduce the amount of work;

4) absence from work for more than two weeks in a row due to temporary incapacity for work. In cases of loss of earning capacity as a result of an industrial injury or occupational disease, as well as when the legislation of Turkmenistan a more long term saving place of work (position) at a specific disease, for temporary workers remains a place of work (position) to rehabilitation or incapacity, but no longer than until the end of the period of employment under a contract of employment;
5) nonperformance temporary workers without valid reasons, the duties imposed on them by the employment contract, the rules of the internal labour schedule of the enterprise, in accordance with this code.
 
Article 308. Severance pay temporary employees temporary workers in case of recruitment for military service or severance payment is payable at the rate of two weeks ' average wage.
 
Article 309. Payment of the average wage of a temporary employee for the period of forced absence 1. The temporary worker, the restored on addressing the body for the industrial dispute paid average wages for the period of forced absence from the date of the dismissal to the restoration of the work or the expiry of the work under an employment contract, but not more than two months.
2. Temporary employee, illegally series to another lower paid work, shall be paid average wages for the period of forced absenteeism or difference in wages during the execution of the work in accordance with paragraph 1 of this article.
 
Article 310. Extension of employment contract with the temporary workers 1. Employment contract with the temporary workers is considered to be extended indefinitely if: 1) temporary worker has worked for more than two months, and neither side demanded the termination of the employment relationship;
2) dismissed temporary worker newly hired to the same employer after the break, not exceeding one week, if the duration of his work before and after the break, respectively, in total more than two months.
2. In the cases referred to in paragraph 1 of this article, temporary workers are not considered temporary since the conclusion of the employment contract.
 
Chapter 12. Features of the regulation of labour workers religious organizations Article 311. Parties to an employment contract in the religious organization 1. The employer is a religious organization, registered in the order established by the legislation of Turkmenistan.
2. An employee is a person who has reached the age of eighteen years, who has entered into an employment contract with a religious organization, personally performing some work and obey the Charter of religious organization.
 
Article 312. The rights and obligations of the parties to the contract of employment of a religious organization the rights and obligations of the parties to the contract of employment shall be determined taking into account the peculiarities stipulated by the Charter of religious organization.
 
Article 313. Features opinions and changes to an employment contract with a religious organization 1. The employment contract between the employee and the religious organization may be for a fixed term.
2. When entering into an employment contract the employee undertakes to perform any unauthorised legislation of Turkmenistan does not work (service), as defined by the Treaty.
3. the employment contract in accordance with the present code and the Statute of religious organization included the conditions essential for the employee and for the religious organization as an employer.
4. If you want to change the conditions of an employment contract, a religious organization is obliged to notify the employee in writing not less than one month prior to their introduction.
 
Article 314. Working hours of persons employed in religious organization working hours of persons employed in a religious organization is determined by taking into account the established this code of normal working hours, on the basis of the implementation of the ceremonies or other activities of a religious organization, certain of its Charter.
 
Article 315. Liability of employees with an employee of a religious organization religious organization can be concluded Treaty on full material liability in accordance with the list of defined Charter of religious organization.
 
Article 316. Termination (termination) of the employment contract with an employee of a religious organization in addition to the grounds provided for in this code, an employment contract with an employee of a religious organization can be discontinued (dissolved) on the bases provided by the employment contract.
 
Article 317. Consideration of individual labour disputes employees religious organization individual labour disputes not resolved independently by the worker and employer-religious organization, are dealt with in the manner determined by the present code.
 
SECTION XIV. TRAINING, RETRAINING AND IMPROVEMENT OF PROFESSIONAL SKILL OF WORKERS. CERTIFICATION of WORKPLACES and WORKERS Chapter 1. Training, retraining and improvement of professional skill of workers of Article 318. The rights and obligations of the employer concerning vocational training, retraining and improvement of professional skill of employees
 

1. the employer determines the need and the need for training and retraining of workers for their own needs.
2. the employer shall send for training, conducts vocational training, retraining, improvement of professional skill of employees under the conditions and in the manner determined by the work or collective agreement (the agreement).
3. The form of training, retraining and improvement of professional skills of employees, the list of needed specialties is determined by the employer.
4. In the cases provided by the present code and other normative legal acts of Turkmenistan, the employer is obliged to carry out refresher training of workers, if it is a condition for employees of certain activities (work, service).
5. Workers being trained, the employer shall create the necessary conditions for combining work with training, provide guarantees, established by this code and other normative legal acts of Turkmenistan, employment or a collective agreement (the agreement).
6. When the employee on training in professional education (primary, secondary or tertiary), as well as vocational training, retraining, improvement of professional skill for more than three months at the expense of the company, upon completion of training he must work in the enterprise under the conditions in the procedure and within the time limits defined by the Treaty (Agreement) between the employee and the employer. While the failover period for graduates of higher education institution must not be less than two years.
In case an employee without good cause commitments under the contract (Agreement) he must reimburse the costs of training incurred by the employer.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 319. The right of workers to vocational training, retraining and improvement of professional skill of employees have the right to vocational training, retraining and professional development, as well as learning new skills.
The right to professional training is implemented in the form of apprenticeship in accordance with Chapter 3 of this title.
 
Chapter 2. Certification of workplaces and workers Article 320. Certification of workplaces 1. The employer must evaluate the performance of workplaces to ensure compliance with labour protection measures for assessing working conditions in accordance with the legislation of Turkmenistan.
2. The Enterprise creates a review board of no fewer than five persons, comprising occupational health services, organization of work and wages, the main specialists, heads of structural subdivisions of enterprises, trade union representatives and (or) other representative body of employees.
3. date of certification of workplaces are established on the basis of changes in the conditions and nature of work, but at least once every five years.
4. According to the results of attestation work places inadmissible mass reduction.
5. Certification of workplaces is in accordance with model provision on the procedure of workplace certification on working conditions.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 321. Certification of workers, procedures and conditions for holding her 1. In order to verify the professional level of the employees, determining competencies, identifying their compliance with specialty, profession, position occupied, with the exception of workers referred to in article 322 of this code, the employer carries out certification of workers.
2. Certification can take place only employees who worked in the post or in the workplace for at least three years. Each worker can be evaluated once every three years.
3. Order the employer to conduct appraisals of employees at the enterprise created attestation Commission of persons with sufficient experience, high professional knowledge in the industry, as well as by the representative of the Trade Union and (or) other representative body of employees. The composition of the attestation Commission experts may be included parent body, as well as other ministries and departments. The head of a worker cannot be a member of the Certification Commission.
4. the Review Board shall be composed of not less than five persons or other odd number of members. The term is determined by the review board by order of an employer.
5. Certification shall be carried out in writing or orally. Questions for certification are formed on the basis of the duties of workers only by their rank (profession), work function, profession (profession), work and its results, as well as certain contract rights and obligations necessary for determining whether a post (profession).
6. Certification Commission accepts only one of two solutions: of conformity or non-conformity of an employee post (profession). Along with this review board in that decision may give the employer the recommendation on the advisability of the use of an employee to another function (profession).

7. An employment contract with an employee in respect of whom the Review Board decision of lack of Office may be terminated by the employer in accordance with paragraph 3 of article 42 of the present code.
8. the employer, taking into account the recommendation of the review board, with the consent of the employee can transfer him to another relevant post (profession).
9. An employer may not be terminated the employment contracts of employees on the basis of the results of workplace certification.
10. Certification of an employee who is absent from work for a good cause during its conduct, has been postponed for another time.
 
Article 322. Employees not subject to performance evaluation is not carried out certification of the following employees: 1) appointed to the post by the parent body;
2) elected to elected Office;
3) under the age of eighteen years;
item 4 lost effect according to the Turkmenistan law from 01.01.2010 No. 82-IV;
5) pregnant women;
6) women who have worked less than one year at the post (profession) after return to work from maternity leave;
7) persons with disabilities;
8) retirement and pre-retirement age established in article 50 of this code;
9) not subject to appraisal in cases provided for in the collective agreements (agreements).
(As amended by the law of Turkmenistan dated January 1, 2010-Statements of the Mejlis of Turkmenistan, 2010, no. 1, art. 6) 3. Apprenticeship training Article 323. Apprenticeship 1. The employer has the right to enter into apprenticeship training persons in the manner prescribed by this code.
2. Student contract must contain: name of the parties; specifying a specific specialty skills, acquired an apprentice; the obligation of the employer to provide the employee with an opportunity to study in accordance with the contract of apprenticeship; duty of worker training and according to the specialization, qualifications to work in enterprise under an employment contract with the employer within the time period established by the apprenticeship contract; term of apprenticeship; amount of payment for discipleship.
Apprenticeship may contain other terms defined by agreement of the parties.
 
Article 324. The term pupil Treaty 1. Apprenticeship is the time required for a particular profession, qualification and employment during the term established by such a treaty.
2. Apprenticeship is in accordance with the procedure determined by the present code.
 
Article 325. Effect of pupil Treaty 1. Apprenticeship is valid from the date specified in the contract within the term for them.
2. the student contract extended by being sick student, passage of military duties and in other cases stipulated by the legislation of Turkmenistan.
3. during the validity period of the student contract, its contents can be changed only by agreement of the parties.
 
Article 326. Organisation of apprenticeship Apprenticeship is organised by an individual, group, and a brigade-sized training.
 
Article 327. Apprenticeship time 1. Time of apprenticeship during the week shall not exceed the norm of working time established for employees of the appropriate age, profession, specialty when performing work.
2. employees, trained in the enterprise, by agreement with the employer can be completely exempted from work under a labour contract or to perform this work on part-time work.
3. During the period of the student contract workers may not be employed in night work, overtime, work on weekends and holidays and memorable days, be sent on business trips that are not associated with Discipleship.
 
Article 328. Apprenticeship pay 1. Students in apprenticeship stipend, the size of which is determined by the apprenticeship contract and depends on the obtained profession, qualification, but may not be lower than the minimum wage established by the legislation of Turkmenistan.
2. The work performed by the apprentice during practical training, paid at the established rates.
 
Article 329. Occupational health and safety of pupils pupils covered by the present code and other normative legal acts of Turkmenistan relating to labour protection.
 
Article 330. Invalidity of terms and conditions of contract the contract school pupil, in contravention of this code, the collective agreement (Agreement) are invalid and do not apply.
 
Article 331. The rights and duties of pupils at the end of the apprenticeship 1. Individuals successfully completing the apprenticeship, when entering into an employment contract with an employer in accordance with the Treaty, according to which they were trained, the probationary period will not be installed.
2. If the student upon completion of the apprenticeship without a good reason is not fulfilling its obligations under the učeničeskomu Treaty, including not proceeding with the work, he shall return to the employer received a scholarship during the apprenticeship, as well as other employer incurred to recover costs associated with Discipleship.
 
SECTION XV. Social partnership in the FIELD of LABOUR Article 332. The concept of social partnership
 

Social partnership (hereinafter the partnership) is a system of relationships between employees (workers ' representatives), employers (employers), governmental authorities, local authorities and local self-government, aimed at balancing the interests of employers and employees on labour issues and other directly related relations.
 
Article 333. Basic principles of social partnership and the basic principles of social partnership are: 1) the authority of the representatives of the parties;
2) equality of the parties;
3) Government assistance in strengthening and developing social partnership;
4) freedom of choice of the list of issues made for discussion;
5) voluntary adoption by the parties of the obligations and commitment of their execution;
6) reality of the commitments assumed by the parties;
7) respect and interests of the parties;
8) observance by the parties and their representatives labour laws and other normative legal acts of Turkmenistan;
9) monitoring of adopted collective treaties and agreements;
10) liability of the parties, their representatives for failure through no fault of their own collective agreements.
 
Article 334. The social partnership the parties of social partnership are workers and employers through representatives authorised in the prescribed manner.
 
Article 335. Workers ' representatives employees ' representatives bodies of trade unions and their associations, professional unions of Turkmenistan under the Charter, the general meeting (Conference), as well as other authorized workers, persons and organizations created in the order established by the legislation of Turkmenistan.
 
Article 336. Representatives of the employer 1. Representatives of the employer can be the head of the company, the person authorized in accordance with this code and other normative legal acts of Turkmenistan, the founding documents of the company.
2. Representatives of employers-public enterprises can be organs of State power and administration, local authorities and local self-government.
3. in the conduct of collective negotiations, conclude agreements, changes or resolving collective labour disputes over their opinion or change interests of employers represent their respective associations, as well as other representatives of employers.
 
Article 337. The labor collective of the Enterprise 1. The labor collective enterprises accounted for all employees involved in its activities on the basis of an employment contract, except for the Director and his deputies.
2. the labour collective of the enterprise decides questions connected with the conclusion of a collective agreement with the employer providing welfare benefits to the employees, the establishment of public associations, the enterprise considers other issues in accordance with the collective agreement.
 
Article 338. The system of social partnership System of social partnership is based on the interaction between the parties of social partnership: level 1) State;
2) territory;
3) industry;
4) enterprise.
 
Article 339. Forms of social partnership, social partnership is carried out in the forms of: 1) collective negotiations on drafting collective agreements and their conclusion;
2) reciprocal consultations (negotiations) on the regulation of labour relations and other directly related relations, guarantee the labour rights of workers and improve the labour legislation of Turkmenistan;
3) participation of workers, their representatives in the management of the enterprise;
4) participation of representatives of workers and employers in resolving labour disputes.
 
Article 340. Collective bargaining 1. For development, opinion, changes or additions to the collective treaty or agreement, carried out collective negotiations between the employer and the representative body of employees.
2. the interests of employees in collective bargaining concerning the conclusion and the change in the collective agreement, the monitoring of its implementation, as well as in the realization of the right to participate in the management of the enterprise, before the labour dispute with the employer, workers are the primary trade-union organization or other representatives elected by the workers.
3. the interests of employees in collective bargaining to conclude and amending agreements, settlement of collective labour disputes concerning the conclusion or modification of agreements, monitoring their implementation, as well as in the formation and implementation of the activities of the commissions on regulation of socio-labour relations represent the relevant trade union bodies.

4. the representatives of the parties have received notice in writing with the proposal about the beginning of collective bargaining are obliged to enter into negotiations within seven calendar days of the receipt of the proposal, pointing to the initiator of collective bargaining response indicating the representatives from their hand to participate in the work of the Commission on collective bargaining and their credentials. The day of the commencement of collective bargaining is the day following the day of receipt of the initiated collective bargaining specified a reply.
5. Initiated collective bargaining on the elaboration, conclusion and change the collective treaty or agreement, either party has the right to speak. Neither party shall have the right to reject collective bargaining.
 
Article 341. Procedure for collective bargaining 1. For the purpose of collective bargaining and to prepare a draft collective agreement, agreement, the parties on an equal footing constitute a Commission composed of representatives of Trade Union authority, as well as other representatives, endowed with the necessary powers.
2. Composition of the Commission, dates, venue and agenda for collective bargaining shall be determined by decision of the parties.
3. The parties involved in the negotiations, given the opportunity to discuss issues that make up the content of the collective treaty or agreement.
4. employers and their associations, bodies of executive authorities shall provide the Trade Union or other representative bodies of workers information necessary for collective bargaining. Parties to collective bargaining, other individuals associated with the negotiations shall not disclose the information if they are a State secret or commercial secret. Person disclosing this information shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
5. If, in the course of collective bargaining, the parties were unable to reach an agreement for reasons beyond their control, the report that you are finally formulated proposals from Parties on the measures needed to eliminate these causes, as well as the deadline for the resumption of collective bargaining.
 
Article 342. Resolution of disputes arising in collective bargaining disputes arising in collective bargaining in accordance with the procedure established for the consideration of collective labour disputes.
 
Article 343. Guarantees and compensation for persons involved in collective bargaining 1. Persons involved in collective bargaining, drafting collective treaty or agreement, are exempt from the basic work with maintaining the average wage for the period to be determined by agreement of the parties, but no more than forty-five calendar days.
2. All costs related to participation in collective bargaining, are compensated in the manner prescribed by the legislation of Turkmenistan, the collective agreement, agreement. Payment of services is made by experts and specialists of the inviting party, unless otherwise provided by a collective agreement, agreement.
3. Workers ' representatives participating in collective bargaining, in the period of reference can not be without the prior consent of the Authority authorizing them to representation, subjected to disciplinary punishment, transferred or dismissed on the initiative of the employer, except in cases of termination for misconduct, for which, in accordance with the present code and other normative legal acts of Turkmenistan provides for dismissal.
 
Article 344. The concept and purpose of collective agreements 1. Collective agreement-legal act regulating labor relations at the company and signed by employees and the employer, represented by their delegates.
2. A collective agreement is to facilitate contractual regulation of labor relations and harmonization of socio-economic interests of workers and employers.
3. If no agreement is reached between the parties on individual provisions of the draft collective agreement, within forty-five (45) calendar days from the date of the commencement of collective bargaining parties must sign a collective agreement on agreed terms with simultaneous protocol differences.
4. collective contract shall be concluded at the enterprise as a whole, in its separate units, endowed with legal personality, as well as branches and representative offices. At the conclusion of a collective agreement in a separate organizational unit, branch and enterprise of the employer representative representation is the head of the relevant units authorized for this employer.
 
Article 345. A decision on the need to conclude a collective agreement the right to decide on the need to conclude a collective agreement with the employer have represented by their trade unions, authorities and other representative bodies of employees or directly to the general meeting (Conference) of labour collective.
 
Article 346. The parties to a collective agreement, a collective agreement is, on the one hand, employees represented by the Trade Union or other representative bodies, on the other hand, the employer directly or by authorized representatives of them.
 
Article 347. The content and structure of the collective agreement
 

1. The content and structure of the collective agreement identifies the parties.
2. the collective agreement may include the mutual obligations of the employer and employees on the following issues: 1) form, the system and pay cash rewards, benefits, compensation, surcharge, the mechanism of regulation of remuneration;
2) employment, retraining, training, conditions of release;
3) working time and rest time;
4) improving working conditions and labour protection of workers, including women and persons under the age of eighteen, ensuring environmental security;
5) observance of interests of employees during the privatization of the enterprise, departmental housing;
6) benefits to employees;
7) State pension insurance and voluntary medical insurance;
8) monitoring of the implementation of the collective agreement, the responsibility of the parties, social partnership, ensuring normal conditions of operation of the Trade Union or other representative bodies of workers.
3. In the collective agreement, taking into account the economic and financial capacities of the enterprise may be included and others, including more favourable employment and socio-economic conditions compared with the rules and regulations established by the present code and other normative legal acts of Turkmenistan (reimbursement, other fringe benefits and compensation).
4. the collective agreement includes regulations, if the legislation of Turkmenistan provides direct requirement on mandatory consolidation of these provisions in the collective agreement.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 348. Discussion of the draft collective agreement 1. A draft collective agreement to be discussed by workers in the enterprise units and finalized, taking into account the comments and suggestions received.
2. The revised draft is submitted for the consideration of the general meeting (Conference) of the labour collective.
3. the general meeting of labour collective is considered competent if it has more than half of the workers.
4. the Conference of labour collective is considered permissible, if it is present not less than two thirds of delegates.
 
Article 349. Procedure for concluding a collective agreement 1. A collective contract shall be considered approved if it receives more than fifty percent of present at the general meeting (Conference).
2. If the draft collective agreement had not received approval, the representatives of the parties to modify it in accordance with the wishes of the general meeting (Conference) and within seven calendar days of re-submitting it for consideration at the general meeting (Conference).
3. After approval by general meeting (Conference) of the representatives of the parties within three days to sign a collective agreement.
 
Article 350. The term and the scope of the collective agreement 1. Collective agreement comes into force from the date of its signature or on the day specified in the collective agreement, and acts within the term defined by the parties. Collective agreement is for a term of one to three years.
2. the collective agreement applies to employers and workers of the enterprises which have authorized the representative body of employees to develop and conclude it on their behalf, as well as to workers who have joined the collective agreement after its conclusion.
3. Upon the expiry of the terms of the collective agreement shall remain in force until the conclusion of new collective agreement by the parties.
4. The Parties shall have the right to extend the collective agreement for a term of not more than three years.
 
Article 351. The continuation of the collective agreement in the event of a reorganization of an Enterprise 1. Reorganization of an enterprise collective agreement remains in effect for the entire period of restructuring.
2. Collective Agreement retains its action in cases of changes of the composition, structure, naming authority, enterprise management, termination of the employment contract with the head of the enterprise.
 
Article 352. Collective bargaining when changing the owner of an Enterprise 1. When you change the owner of an enterprise collective agreement remains in effect for six months.
2. during this period, the parties have the right to commence negotiations on a new collective agreement or continuation, amending and supplementing existing.
3. During the revision of the collective agreement should be resolved the question of the possibility of maintaining incentives for employees and other conditions stipulated by the previous collective agreement.
 
Article 353. The continuation of a collective agreement upon the liquidation of the enterprise in case of liquidation of the enterprise in the manner and under the conditions established by the legislation of Turkmenistan, the collective agreement shall remain in force for the duration of the liquidation.
 
Article 354. Control over the execution of a collective agreement 1. Fulfillment of obligations under a collective agreement, is controlled by representatives of the parties, employees as well as the relevant trade unions and authorities.
2. each year, or within the time frame, specifically stipulated in the agreement, signatories to it, report on the implementation of commitments at the general meeting (Conference) of the labour collective.

3. Monitoring the Parties shall provide all the necessary information they have.
 
Article 355. Collective agreements and their types 1. Collective agreement-legal act containing the obligation to establish the conditions of labour, employment and social guarantees for employees and employers of a certain industry, territory.
Depending on the scope of regulated relationships, the nature of the issues that need to be addressed, can be general, branch (cross-sectoral) and collective agreements.
2. collective agreements in order to facilitate contractual regulation of labor relations and harmonization of socio-economic interests of workers and employers in the industry, territory.
3. collective agreements by agreement of the parties involved in collective bargaining may be bilateral and trëhstoronnimi. As a third party agreement may participate organ of State power and administration, a local authority or a body of local self-government.
4. Trade unions and other representative bodies of workers not entitled to demand that the State authority or local government control and which is not an employer or a representative of the employer, the conclusion of bilateral agreements with them.
 
Article 356. General Agreement 1. Master agreement-legal act establishing the General principles for the regulation of socio-labour and related economic relations in Turkmenistan, reflected in the conclusion of territorial and industry agreements and collective agreements.
2. General Agreement was between the Cabinet of Ministers of Turkmenistan or its authorized body, the national centre of trade unions of Turkmenistan, employers ' associations and authorized representatives of entrepreneurs within their competence.
 
Article 357. Branch (cross-sectoral) Sectoral agreement (cross-sectoral) legal act concluded between the Government, employers ' and workers ' delegates (social partnership), which establishes the rules of remuneration and other work-related issues, reciprocal obligations, social guarantees and benefits for workers in a particular industry, which is mandatory for all parties (partners) and reflected in the conclusion of territorial agreements and collective agreements.
 
Article 358. Territorial agreement Territorial agreement-legal act concluded between local authorities or self-governance bodies, relevant trade unions or other bodies that represent workers and employers (or their associations) at the level of the heads of the relevant administrative-territorial units, establishing conditions of work, social guarantees and benefits associated with territorial characteristics mandatory for all parties (partners) and reflected in collective bargaining.
 
Article 359. The order dates and agreements 1. The order dates and agreements, as well as modifications and additions, accession approved by the commissions formed by social partners.
2. The Commission for the elaboration and conclusion of the agreements shall be governed by laws and other normative legal acts of Turkmenistan, shall act in accordance with the approved regulations and work plans. The composition of the parties of the Commission formed by each social partner alone. The number of members of the Commission from each party is determined by mutual agreement of the parties, but shall not exceed seven persons.
3. If, at the relevant level of several representative bodies of workers (or their associations), the members of the Commission from the employees is determined by agreement between the two bodies (associations) or on a parity basis.
4. the draft collective agreement is being developed by the Commission and signed by the authorized representatives of the parties to the agreement.
5. the parties to the collective agreement, its annexes in the three-day period shall be communicated to members of the agreement.
 
Article 360. The content of collective agreements 1. The content of collective agreements shall be determined by the parties.
2. Collective agreements may contain provisions: 1) on payment conditions and labour protection, working and rest time regime;
2 regulatory mechanism) of the remuneration;
3) on payments and pay compensatory nature in accordance with the legislation of Turkmenistan;
4) on promoting employment, retraining and improvement of professional skill of employees;
5) on ensuring environmental safety and health protection of workers at work;
6) on special arrangements for social protection of workers and members of their families;
7) on compliance with the interests of employees during the privatization of State-owned enterprises;
8) about the benefits for businesses creating new jobs with the employment of people with disabilities and youth (including persons under the age of eighteen years);
9) on the development of social partnership and tripartite cooperation, the promotion of collective bargaining, the prevention of labour disputes, the strengthening of labour discipline;
10) other matters by agreement of the parties.

3. Collective agreements may contain provisions on other labour and socio-economic issues, which do not contradict the legislation of Turkmenistan.
 
Article 361. Changes and amendments to the collective agreement changes and amendments to the collective agreement are made by mutual consent of the parties in the manner determined by the agreement, and if it is not defined-in the manner prescribed by this code for its conclusion.
 
Article 362. The period of validity of the collective agreement 1. Collective agreement comes into force from the moment of its signing, either from the date set in the agreement.
2. the period of validity of the collective agreement shall be determined by the parties and may not exceed three years.
 
Article 363. The scope of the collective agreement 1. Effect of the collective agreement is extended to workers ' and employers ' representative bodies which have entered into this agreement.
2. In the event of the conclusion of the tripartite agreement it applies also to the relevant organ of State power and administration, local authority or local government.
 
Article 364. Monitoring of collective agreements, the monitoring of collective agreements at all levels is carried out directly by the parties or their authorized representatives, as well as the relevant trade union bodies and authorized bodies. Monitoring the Parties shall provide the necessary information.
 
Article 365. Responsibility of the parties of social partnership 1. Representatives of the parties of social partnership shall bear responsibility in accordance with the legislation of Turkmenistan: 1) refusal to participate in collective negotiations to conclude, amend or supplement a collective contract or agreement or unlawful refusal to sign a collective agreement negotiated agreement;
2) violation and failure to comply with obligations under the collective agreement, agreement.
2. Persons guilty of failure to submit information necessary for collective bargaining and monitor collective treaty or agreement, shall bear responsibility in accordance with the legislation of Turkmenistan.
 
Article 366. Distinctions of application of the rules of this section Features the application of the rules of this section to public servants, employees of military and paramilitary organisations and bodies, internal affairs agencies, institutions and organs of the security service, prosecutors, judiciary, customs authorities and the diplomatic missions of Turkmenistan shall be established by the legislation of Turkmenistan.
 
SECTION XVI. LABOUR DISPUTES Chapter 1. Individual labour disputes Article 367. Parties and the content of individual labour disputes, individual labour disputes is a disagreement between the employer and the employee on the application of labour legislation of Turkmenistan, working conditions, stipulated in the employment contract. In these cases, the party to the dispute for the benefit of the employee can be its authorized representative, Union or other representative body of employees.
 
Article 368. Review bodies labour disputes 1. Labor disputes on the application of the labour legislation of Turkmenistan, the collective treaty or agreement, are: 1) labour disputes commissions;
2) Trade Union bodies of enterprises and their units;
3) courts.
2. Labour disputes of certain categories of workers are considered by the parent bodies.
3. Labour disputes on establishing new or change existing employee working conditions shall be settled by the employer and the relevant Union body within the limits of their competence.
 
Article 369. The order of consideration of labour disputes order of consideration of labor disputes shall be governed by the present code and other normative legal acts of Turkmenistan.
 
Article 370. The procedure for the formation of the Commission on industrial disputes 1. Labour dispute Committee is elected at the general meeting (Conference) of the labour collective of the enterprise employing at least fifteen people.
Labour disputes can also be formed in subdivisions of the enterprise.
2. the persons elected to the Commission shall be those who obtain the most votes and that more than half of members present at the general meeting (Conference). The order of election, the size, composition and term of Office of the Commission shall be determined by the general meeting (Conference) of the labour collective of the enterprise.
3. Labour Dispute Committee shall elect from among its members a Chairman, Vice-Chairmen and Secretary-General of the Commission.
4. the Commission on labor disputes in the units of the Enterprise shall be elected by its staff and operates in the same manner as the labour dispute Committee of the company. In labour dispute commissions units may be considered labour disputes within the authority of those entities.
5. the Commission on Labour Court has a seal of the established sample.
6. the Organization and functioning of the labour dispute Committee are defined by the standard regulations of the labour dispute Committee, approved by the specifically authorized body referred to in paragraph 1 of article 404 of the present code in consultation with the national centre of trade unions of Turkmenistan.
 (As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45)
 

Article 371. The competence of the labour dispute Committee 1. Commission on labour disputes is the primary authority for the review of labour disputes in enterprises and their divisions, with the exception of disputes on which establishes another procedure for their consideration.
2. Labor dispute to be considered by the Commission on labor disputes, if the employee alone or with the participation of trade union interests that it represents authority has not settled the differences in direct negotiations with the employer.
 
Article 372. Procedure for consideration of individual labour dispute Commission on industrial disputes 1. The employee's statement, received by the Commission on labour disputes shall be subject to mandatory registration by the Commission. Labour disputes Commission is obliged to consider the individual labour dispute within ten calendar days from the date of submission of the application.
2. Labor dispute is dealt with in the presence of an employee, applicant, or an authorized representative. Consideration of the labor dispute in the absence of the employee or his representative shall be permitted only according to his written statement. In case of failure of the employee or his representative to the meeting of the Commission, consideration of the labor dispute is postponed. In the case of secondary non-appearance of the employee or his representative, without valid reasons, the Commission can make a decision on the withdrawal issue with consideration that does not deprive the worker of the right to apply for the consideration of the labour dispute again within the time limit set by this code.
3. the Commission on the Labour Court has the right to call witnesses at the meeting, inviting representatives of trade unions and other public associations. On demand Enterprise Manager must, in the Commission's deadline to submit the necessary documents.
4. the meeting of the Commission on labour disputes is considered competent if it is present not less than half of the members representing the employees, and at least half of the members representing the employer.
5. At the meeting of the Commission on labour disputes is a protocol signed by the Chair of the Commission or his Deputy and is certified by a seal of the Commission.
 
Article 373. The competence of the meeting of the Commission on labor disputes, 1 disqualification. Meeting of the Commission on labour disputes is considered competent if it is present not less than two-thirds of its elected members.
2. Concerned by the employee and the employer have the right to challenge any member of the Commission reasoned. The issue of disqualification is decided by a majority vote of the members of the Commission present at the meeting.
 
Article 374. The decision of the Commission on industrial disputes 1. Labour dispute Committee shall decide by a majority of votes of the members of the Commission present at the meeting. In decision shall contain: name of the company or his unit, surname, name, patronymic name of the applicant to the Commission; date of referral to the Commission; date of examination of the labour dispute; the substance of the dispute; the names of the members of the Commission, representatives of the employer and the Trade Union body, present at the meeting; the results of the voting and the reasoned decision of the Commission.
2. the Commission's decision must be substantiated and based on the provisions of the labour legislation of Turkmenistan.
3. In the Commission's decision on money requirements should be specified the exact amount owed to the employee.
4. the decision shall be signed by the Chairman and Secretary of the Commission. It is binding and any approval.
5. a copy of the Commission's decision shall be served on the employee, the employer and the Trade Union body or other representative body of employees in three-day term from the date of adoption of the decision.
 
Article 375. Decisions of the Commission on industrial disputes 1. The decision of the Commission on labour disputes shall be executed within three days after the expiry of ten calendar days for an appeal.
2. the Commission on labor disputes in case of nonperformance of its decision within the prescribed time limit gives the employee ID is an executive instrument.
The certificate shall contain: the name of the body took the decision on the labor dispute, the date of its adoption and the issuance of a licence, a surname, a name, a patronymic, a decision on the merits of the case.
Certificate shall be certified by the signature of the Chairman or Deputy Chairman of the Commission on labour disputes of enterprises (units) and the seal of the labour dispute Committee.
3. the certificate shall not be issued if the employee or the employer appealed within the prescribed time in court before the labor dispute.
4. on the basis of identity card issued by the Commission on labour and against in court not later than three months from the date of its receipt, bailiff, enforce the decision of the Commission on labor disputes.
5. In the case of employee's three-month deadline set for valid reasons the Commission on labour court that issued the certificate, can recover this time.
 
Article 376. Appeal against the decision of the labour dispute Committee and the postponement of consideration of the individual labour dispute in court 1. If an individual labour dispute within ten days is not considered by the Commission on labor disputes, the employee is entitled to defer its consideration of the Court.
2. the Commission's decision to the labour court may be appealed by the employer an employee or to the Court within ten days from the day of handing him a copy of the decision of the Commission.

3. In the case of pass for legitimate reasons the deadline the Court may restore the term and consider individual employment dispute on its merits.
 
Article 377. Review of labour disputes Union body in the company or its units 1. Enterprise Trade Union body or his unit considers the labor disputes on the statements of employees or employers, when they do not agree with the decision of the Commission on labor disputes, unless otherwise provided by the legislation of Turkmenistan. Trade Union body of the enterprise or its departments may invite representatives of public associations of workers and employers, if the applicant is a member of such an association.
Trade Union body rule on the substance of the dispute.
2. the enterprise trade union body or his unit considers the statement by the labour dispute within ten days from the date of its receipt, the order provided for by articles 372 and 374 of the present code.
3. the meeting of the Trade Union body is considered competent if it has more than half of the members elected in it.
4. the decision of the Trade Union body should comply with the decisions of the Commission on labour disputes stipulated in article 374 of the present code.
5. A copy of the order in the three-day term shall be served on the employee and the employer.
 
Article 378. Appeal decision of trade union body of the enterprise and its departments on labor dispute Ruling Union body of the enterprise and its departments under a labour dispute can be appealed in court by the employee or by the employer within ten days from the date of delivery to the parties a copy of the ruling.
 
Article 379. Execution of trade-union body of the enterprise and its units 1. In case the employee or employer regulation of trade union body of the enterprise and its units within the period stipulated in article 375 of the present Code, the employee is given an identity, which is an executive instrument.
2. the certificate shall contain: name of the Trade Union body, the decision-maker in the labour dispute, the date of its adoption and the issuance of a licence, a surname, a name, a patronymic, a decision on the merits of the case.
Certificate shall be certified by the signature of the Chairman of the Trade Union body or his Deputy and the printing Trade Union body.
3. the certificate shall not be issued if the employee or the employer appealed within the prescribed time in court before the labor dispute.
4. on the basis of identity card issued by the Union body, and an advantageous against no later than from the date of its receipt, the bailiff enforce regulation of trade union body.
5. In the case of an employee installed the three-month period for legitimate reasons the Trade Union body which issued the certificate, can recover this time.
 
Article 380. The order of consideration of labour disputes by the parent bodies 1. The higher authority is obliged to consider the labor dispute within one month of receipt of an application. Labor dispute is resolved in the presence of the employee. The dispute in the absence of the employee is permitted only on his written statement or if he fails to appear without good reason on call.
2. the authority for the review of labour disputes may invite a representative body which has adopted the contested decision, as well as a representative body of Trade Union and other public organizations.
3. the decision of the parent body on labour dispute must be based on the legislation of Turkmenistan and motivated.
4. In the case of a dismissal or disciplinary sanction applied to it without a legitimate reason, the parent body makes a decision to quash that order.
5. Copy of the decision of the parent body in the three-day period are or are handed over to the employee concerned, as well as a body whose actions have been appealed.
6. in reviewing the labour dispute the higher authority to impose a disciplinary measure shall not be entitled to apply to the employee more rigorous disciplinary measure or substitute it on softer under the circumstances.
 
Article 381. Consideration of individual labour disputes in the courts 1. Directly in the courts dealt with individual labour disputes according to: 1) worker reinstatement, regardless of the grounds for the termination of the employment contract; on the change of date and wording of the grounds for the termination of the employment contract; about payment for the period of forced absence or run nižeoplačivaemoj work; for reimbursement by the employer of the damage (harm) caused to the health of an employee in the performance of employment duties or property; the refusal of employment;
2) employer-employee compensation of material damage to the employer.
2. Directly in the courts also dealt with labour disputes in cases where the worker's place of work does not set up trade union body or labour disputes.
 
Article 382. Deadlines for applying for a labour dispute 1. To contact the Court or Labour Tribunal Commission establishes the following terms: 1) disputes on reconstruction-one month from the date of delivery to the employee a copy of an order on termination of a labour contract with him;
2) disputes on compensation for material damage caused by the employee to the employer, one year from the date of discovery of damage caused to the employer;

3) other labor disputes-three months from the day the employee knew or should have known about the violation of their rights.
2. In the case of pass for legitimate reasons the deadlines laid down in this article, they can be restored by the Court or the Labour Tribunal by the Commission on the application of the employee or of his authorised representative.
3. in cases of disputes on compensation for harm caused to the health of the employee, the period of treatment in court.
 
Article 383. Immediate execution of certain judgments and orders of the Labour Tribunal 1. The decision to reinstate illegally dismissed or translated to other lower paid employee work adopted by the authority for the review of labour disputes shall be subject to immediate execution.
2. If the employer delayed execution of the Court's decision to reinstate illegally dismissed or translated to other lower paid work, the worker for the time delay from the date of the judgment on the day of his execution of the employee shall be paid the average salary or wage.
3. Immediate execution is also subject to a decision of the superior body of subsidiarity in order for reinstatement in their jobs of illegally dismissed employees as well as on the payment of salary for the period of forced absenteeism or difference in wages for performing nižeoplačivaemoj work in accordance with the legislation of Turkmenistan.
4. When the delay of the execution of the relevant decision of the higher chain of command authority decision on payment of the average wage or the wage difference for delay time takes this body.
 
Article 384. Rotation limit execution of decisions of the Labour Court 1. In case of cancellation of the supervisory court decisions on labor dispute paid worker recovery amounts (turn execution) is permitted only when the decision was based on the undone reported them false information or forged documents.
2. For the same reasons allowed rotation of the execution of the decisions of the Commission on labour disputes or ruling body of the Enterprise Trade Union (units) with another dispute in the future.
 
Article 385. Pay the employee for the period of forced absence or perform work nižeoplačivaemoj 1. When deciding to reinstate illegally dismissed or translated to other lower paid worker job authority to review labor disputes at the same time takes the decision to pay a worker of average wages for the period of forced absence or wage gap during the execution of nižeoplačivaemoj work, but not more than one year.
2. In the case of recognition of a language layoffs wrong or not conforming to the legislation of Turkmenistan the industrial dispute body is obliged to change its decision and specify the reason for dismissal in accordance with the wording of the legislation of Turkmenistan and, with reference to the corresponding article of this code. If incorrect or does not correspond to the wording of the legislation of Turkmenistan causes dismissal at work book prevented entry of an employee to a new job, the authority for the review of labour disputes at the same time takes the decision to pay him the average salary for the period of forced absenteeism, but not more than one year.
3. In the case of an employee to a job recovery to address upstream in order of subordination body pay for the time of forced absence from the date of the dismissal or during the execution of nižeoplačivaemoj work, but not more than one year.
4. payment for the time of forced absence with illegal dismissal, as well as the payment of the difference in wages during the execution of nižeoplačivaemoj works are made by the employer and, in the absence of a decision or order of a review body for the settlement of labour disputes.
 
Article 386. The imposition of liability on the official responsible for unlawful dismissal or reassignment of the employee to another lower paid work 1. The Court holds the official responsible for unlawful dismissal or reassignment of the employee to another lower paid work, the obligation to compensate for damages caused by the company in connection with payment for the period of forced absence from work or during the execution of nižeoplačivaemoj work.
2. this obligation is imposed if the dismissal or transfer made in violation of the law of Turkmenistan or if the employer delayed the execution of a decision of a court or of a superior authority of subsidiarity in order for reinstatement of the employee at work. The size of the damages may not exceed three months ' salary of the official.
 
Article 387. Satisfaction with monetary claims of an employee in recognition of a body dealing with individual labour dispute, the monetary claims of the employee reasonable they are met in full.
 
Article 388. Consideration of certain categories of workers in labour disputes on the issue of the dismissal, transfer and disciplining
 

1. Labour disputes of executives elected by, approved by or appointed on the post of the highest organs of State power and administration of Turkmenistan, judges, prosecutors, their deputies and assistants, as well as prosecutors on the dismissals, layoffs and changes to the wording of the reasons for the dismissal, transfer to another job, payment for the period of forced absenteeism or performing nižeoplačivaemoj work and disciplining are discussed in the order established by the legislation of Turkmenistan.
2. method of dealing with labour disputes, established by this code, shall not apply to disputes about parole workers elected bodies from paid work.
 
Article 389. Freeing workers from court costs Workers when handling the Court of claims arising from the employment relationship, are exempted from payment of court fees.
 
Article 390. Review of labour disputes to establish new or amend existing conditions of employment 1. Labour disputes on establishing new or change existing employee working conditions shall be settled by the employer and the relevant trade union or other representative body of employees.
2. Labour disputes on the application of the provisions of the labour legislation of Turkmenistan, as well as the obligations of the employment contract on the establishment of new or amending existing labour conditions are choosing employee in labor disputes or in court.
 
Article 391. The order of consideration of the labour disputes between employees and employers regarding the establishment or modification of working conditions of Labour disputes between employees and employers concerning the introduction of new, or the modification of existing working conditions, not regulated by labour legislation of Turkmenistan, are treated by the employer in consultation with the Union body in the company, and if no agreement is reached-are solved together with their parent bodies.
 
Chapter 2. Consideration of collective labour disputes Article 392. Collective labour dispute (conflict) collective labour dispute (conflict)-unresolved disagreements between employees (or their representatives) and employers (or their representatives) regarding the establishment of and changes to working conditions (including wages), collective bargaining, the conclusion, execution and modification of collective contracts (agreements), the employer's refusal to take into account the views of the Trade Union or other representative body of employees when making the enterprise legal acts containing rules of labour law, as well as differences concerning economic, social, occupational and cultural interests of workers emerging at different levels between the social partners.
 
Article 393. Raising claims of workers and their representatives 1. Law demands have the workers and their representatives.
The demands of the workers and (or) the representative body of employees (units), approved at the relevant General meeting (Conference) of workers.
2. the employer shall provide employees or representatives of the employees the necessary premises for holding the meeting (Conference) for nomination requirements and may not let him (her).
3. Requirements of workers set out in writing and shall be sent to the employer.
4. the requirements of trade unions and their associations are nominated and sent to the relevant parties of social partnership.
 
Article 394. Claims workers, trade unions and their associations 1. Employers are obliged to take into consideration the demands of the workforce to them.
2. the employer shall inform the decision of representative body of employees (units) in writing within three working days from the date of receipt of the demand for workers.
3. Representatives of employers (employers) are obliged to accept his demands of professional unions (associations) and inform the trade unions (associations) of the decision within one month from the date of receipt of the said provisions.
 
Article 395. Conciliation procedure 1. Collective labour dispute settlement procedure consists of the consideration of collective labour dispute: 1) the Conciliation Commission;
2) consideration of collective labour dispute in court.
Consideration of collective labour dispute Conciliation Commission is a necessary step.
2. None of the parties to a collective labour dispute is not entitled to evade participation in conciliation.
3. representatives of the parties, the Conciliation Commission must use all the opportunities provided by the legislation of Turkmenistan, to resolve collective labour dispute occurred.
4. Reconciliation procedures are carried out within the time limits specified in paragraph four of article 396 of the present code.
In case of need, the time frame for conducting conciliation procedures may be extended by agreement of the parties to a collective labour dispute.
 
Article 396. Consideration of collective labour dispute Conciliation Commission
 

1. The Conciliation Commission shall be established within three working days from the date of commencement of a collective labour dispute. Decision on the establishment of the Commission is drawn to the relevant order of the employer.
The Conciliation Commission is formed from representatives of the parties to a collective labour dispute on an equal footing.
The members of the Conciliation Commission, at the time of participation in the settlement of a collective labour dispute shall be exempted from the substantive work with maintaining the average wage.
2. The parties to a collective labour dispute is not entitled to shy away from creating a Conciliation Commission and participation in its work.
3. the employer creates the necessary conditions for the work of the Conciliation Commission.
4. Collective labour dispute should be considered Conciliation Commission within a period of up to seven working days from the date of publication of the order (orders) on its creation. This period may be extended by mutual consent of the parties, which shall be issued by the Protocol.
5. the decision of the Conciliation Commission shall be taken by agreement of the parties to a collective labour dispute shall be formalised by a Protocol, to the parties to the dispute is binding and enforceable in the manner and within the time limits established by the decision of the Conciliation Commission.
6. If no agreement is reached within the Conciliation Commission issued a protocol of disagreement, and the work of the Conciliation Commission shall be terminated. Hand if no agreement shall have ten days from the date of the termination of the work of the conciliatory Commission go to court.
 
Article 397. Liability for failure to comply with the decisions of the Court those responsible for non-execution of court decision binding on the parties to a collective labour dispute shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 
SECTION XVII. TRADE UNIONS Article 398. The right of workers to form trade unions 1. Workers have the right to form trade unions.
2. the procedure for the formation of trade unions and their rights determined by the legislation of Turkmenistan and their Charter.
 
Article 399. Protection of labour rights of workers trade unions 1. Trade unions represent and defend the socio-economic, labour rights and legitimate interests of workers in relations with State bodies, public associations, entrepreneurs and their associations (unions, associations), regardless of their form of ownership.
2. protection of the labour rights of workers in trade unions is carried out in accordance with the present code and other normative legal acts of Turkmenistan, Charter of the professional unions of Turkmenistan.
 
Article 400. Safeguards released Union workers elected to trade union bodies 1. Employee exempt from employment in connection with his election to elected Office in a trade union body of the enterprise after the end of his term provided previous work (position), while its absence, with the consent of the employee, other equivalent work (position) on the same plant.
In case of refusal of the employee to the work proposed (post) an employment contract with him shall be terminated in accordance with paragraph 1 of article 39 of this code.
In case of reorganization of enterprises-successor of liquidation of the enterprise-relevant professional Union reserved the worker for the period of employment, but for not more than three months average wages taking into account the severance pay.
2. Working hours freed trade unionists elected in an elected trade union body of the company, counted them in seniority.
3. an employee exempt from work on his election in an elected body of primary trade-union organization, possesses the same labour rights, guarantees and advantages as other employees of the company in accordance with the collective agreement.
 
Article 401. Liability for the violation of trade union rights persons, who violate the rights and guarantees of the activity of trade unions is stipulated by this code, shall be liable in accordance with the legislation of Turkmenistan.
 
SECTION XVIII. SOCIAL SECURITY Article 402. Social security in Turkmenistan social security in Turkmenistan is a State system of material security and social services for persons with disabilities, persons with disabilities, families with children and others undertaken through payments in the form of pensions, State benefits and the provision of social benefits.
 
Article 403. Social security of citizens of Turkmenistan 1. Turkmen citizens have the right to social security in old age, sickness, disability, disability, loss of breadwinner, unemployment.
The procedure for the recognition of persons temporarily unemployed is set by the legislation of Turkmenistan.
2. social security of citizens of Turkmenistan is carried out in accordance with the legislation of Turkmenistan.
(As amended by the Act of November 8, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 4, art. 151) section XIX. Supervision and monitoring of COMPLIANCE with LABOUR LEGISLATION of TURKMENISTAN Article 404. Bodies of State supervision and monitoring of compliance with labour legislation of Turkmenistan State supervision and monitoring of compliance with labour legislation of Turkmenistan exercise:

1) specifically authorized by the Cabinet of Ministers of Turkmenistan's public authority (hereinafter referred to as the specially authorized body) to monitor compliance with labour legislation of Turkmenistan, the collective contracts and agreements in all enterprises, as well as in the Central Executive power bodies, local government bodies and local authorities;
2) trade unions, as well as in their technical and legal-labour inspection under the provisions of these inspections;
3) local authorities and local self-governance in the manner prescribed by the legislation of Turkmenistan;
4) departments and agencies within their competence with respect to their businesses.
(As amended by the law of Turkmenistan on June 22, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 2, p. 45) article 405. Competence of the specifically authorized body specially empowered agency within its competence: 1) controls the execution of the Constitution, laws and other regulatory legal acts, international treaties of Turkmenistan, containing rules of labour law;
2) monitors compliance with the provisions of the normative legal acts of Turkmenistan relating to: individual and collective employment contracts; Labor books; working time and rest time; remuneration; employment of minors and women; occupational safety and health and other conditions of work;
3) gives opinions about entering into production samples of technical equipment, PPE, workwear and footwear;
4) may investigate accidents at work in the manner prescribed by the legislation of Turkmenistan;
5) coordinates the preparation, training and informing workers of enterprises on issues related to labour relations, occupational safety and health, working Wednesday;
6) is entitled to request and receive from the central executive bodies, local authorities and local government bodies, individuals and information necessary for the exercise of its powers;
7) may impose sanctions for violation of the provisions of legislative and other normative legal acts of Turkmenistan relating to working conditions and the protection of employees in the performance of their duties in accordance with the legislation of Turkmenistan;
8) exercise any other powers of supervision and control over compliance with labour legislation of Turkmenistan.
 
Article 406. The participation of Trade Union bodies in the supervision and monitoring of compliance with labour legislation of Turkmenistan 1. Trade unions are involved in surveillance and monitoring of employers and their representatives labour legislation of Turkmenistan.
2. Employers must within one week from the date of receipt of the demand on Elimination of revealed violations of the trade union concerned authority to report on the results of consideration of the requirements and measures taken.
3. To monitor compliance with labour legislation of Turkmenistan trade unions and their associations pose technical and legal inspectorate of labour unions, which are endowed with powers under the provisions of the approved national centre of trade unions of Turkmenistan.
4. Territorial associations of trade unions operating in the velayats, towns and etraps Turkmenistan pose technical and legal inspection of labor trade unions, which operate on the basis of the provisions of paragraph 3 of this article.
5. Trade unions, other bodies that represent workers, have the right to: 1) monitor the employers of labor legislation of Turkmenistan;
2) to conduct an independent review of conditions and safety of the workers of the enterprise;
3) to participate in the investigation of accidents and diseases at work, as well as to carry out independent investigations;
4) receive information from managers and other company officials about the status of working conditions and labour protection, as well as on all notifiable accidents at work;
5) demands to suspend work in cases of imminent danger to the lives and health of employees;
6) to issue mandatory employer to consider regulations on Elimination of revealed violations of the labour legislation of Turkmenistan;
7) to verify the conditions of labour protection stipulated by collective agreements (agreements);
8) to participate in the work of the commissions and acceptance test commissioning of production facilities and means of production as independent experts;
9) participate in the development and harmonization of regulatory legal acts on labour protection;
10) to apply to the relevant authorities with a demand to prosecute officials responsible for violating regulations on labor protection, concealment of facts for occupational accidents;
11) take part in the examination of labour disputes related to violation of the labour legislation of Turkmenistan, the obligations set out in collective agreements (agreements), as well as changes in working conditions.

6. Trade unions, their labour inspectorates in implementing these powers interact with State bodies, supervision and monitoring of compliance with labour legislation of Turkmenistan.
 
Article 407. The competence of the local authorities and local self-government, local authorities and local self-government within their competence: 1) shall exercise supervision and control over compliance with labour legislation of Turkmenistan on enterprises, located on their territory;
2) organises jointly with enterprises, trade unions and other public associations, of which their territory, carrying out the activities provided for in the agreements on social partnership;
3) interact with industry bodies, trade unions in the sphere of supervision and monitoring of compliance with labour legislation of Turkmenistan;
4) exercise any other powers of supervision and control over compliance with labour legislation of Turkmenistan in the manner prescribed by the legislation of Turkmenistan.
 
Article 408. The competence of the ministries and departments of ministries and agencies within its purview: 1) carry out internal monitoring of compliance with labour legislation of Turkmenistan in respect of their enterprises;
2) interact with trade union bodies subordinate enterprises in the sphere of supervision and monitoring of compliance with labour legislation of Turkmenistan;
3) provide local authorities and bodies of local self-government, organizational, informational and other assistance in the implementation of the supervision and monitoring of compliance with labour legislation of Turkmenistan;
4) exercise any other powers of supervision and control over compliance with labour legislation of Turkmenistan in the manner prescribed by the legislation of Turkmenistan.
 
SECTION XX. RESPONSIBILITY for VIOLATION of the LABOUR LEGISLATION of TURKMENISTAN Article 409. Responsibility for violation of the labour legislation of Turkmenistan 1. In the case of non-payment (incomplete payment) or delays due to the employee the wages the employer liability established by this code and other legislative acts of Turkmenistan.
2. In case of delay in the issuance of employment record due to the fault of the employer, an employee shall be paid the average wage for all time of forced absence.
3. Persons guilty in violation of labor laws of Turkmenistan, the rules on a labour safety, preventing the activities of the bodies of the supervision and monitoring of compliance with labour legislation of Turkmenistan shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 
SECTION XXI. Final clauses article 410. Calculation of periods of time established by the present Code 1. Established by the present code or by the employment contract term is determined by the calendar date, expiration of period of time, which shall be calculated in years, months, weeks or days.
2. During timing, with whom this code binds the emergence of labour rights and obligations, begins with a calendar date, which defined the beginning of the emergence of these rights and responsibilities.
For a period, with whom this code binds the cessation of labour rights and obligations, begins on the day following the calendar date, which determined the end of the employment relationship.
3. date calculated in years, months, weeks, expire in corresponding number last year, month or week of the term. If the end of a period calculated in months falls on this month in which there is no corresponding number, the period shall expire on the last day of that month. In a period calculated in calendar weeks or days and non-working days are included.
4. If the last day of the period falls on a holiday, the day of the expiration is considered to be the first next working day, if otherwise not stipulated by the legislation of Turkmenistan.