On Amendments And Additions To The Labour Code Of Turkmenistan

Original Language Title: О внесении изменений и дополнений в Трудовой кодекс Туркменистана

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On amendments and additions to the labour code of Turkmenistan i. amend the labour code of Turkmenistan, approved the law of Turkmenistan on April 18, 2009 year (statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 30; 2010, no. 1, p. 6, no. 2, p. 34; 2011, no. 1, p. 26, no. 4, p. 81; 2012 g., no. 1, art. 12; 2013, no. 2 , art. 45, no. 3, art. 48; 2014 g., no. 2, art. 76, no. 4, art. 129), the following changes and additions have been made: 1. In the first part of article 13 in the official language of the text: in paragraph 3, the words "iş ýerine" should be replaced by the words "iş ornuna";
item 4 shall be amended as follows: "4) ornunda iş zähmet şertleri, howpsuzlyk tehniki we zähmeti goramagyň talaplary we ygtybarly doly hakynda maglumata;".
2. In the second part of article 14, paragraph 3 shall be amended as follows: «3) to introduce modern occupational safety methods and provide working conditions that meet safety and hygiene standards and prevent industrial injuries, occupational diseases; "
the text in the official language in paragraph 5, the words "zähmetiň zerur" should be replaced by "zerur zähmet", paragraph 12, the words "gerek bolan" should be replaced by the words "zerur bolan", paragraph 13, the words "iş ýerlerine" should be replaced by the words "iş orunlaryna.
3. Part of the sixth article 18 text in the national language shall be reworded as follows: "6. Ýeterlik bolmadyk mahalynda zähmet möhletli esaslar şertnamasynyň Türkmenistanyň baglaşylandygy zähmet kanunçylygynyň berjaý edilişine gözegçilik we gözegçiligi barlagyny döwlet amala aşyrýan edara ýa-da kazyýet tarapyndan anyklanylanda, şertnama baglaşylan möhletsiz bu diýlip hasap edilýär.
4. in paragraph 8 of part two article 24 the word "two" would be replaced by the word "three".
5. Article 27: in the first part the words "the Treaty" should be replaced by "in order (contract);
the first sentence of part 2 shall be amended as follows: "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.
6. Point 2 of part of the fourth article 28 shall be amended as follows: "2) commercial institutions of secondary and higher vocational education, and to directions coming to work according to their speciality;
7. the fourth Part of article 30 paragraph be supplemented as follows: «the employee labor book also records indicating the registration number of the personal pension insurance.
8. Part of the seventh article 32 text in the national language shall be reworded as follows: "7. Işgär zähmet şertleriniň beriji üýtgedilmegine tarapyndan iş kazyýete şikaýat etmäge haklydyr. Öňki zähmet şertlerini saklap galmaga mümkinçiliginiň ýokdugyny subut etmek berijiniň iş üstüne ýüklenilýär. ".
9. In the first part of article 42, paragraph 3 of the text in the national language shall be amended as follows: «3 ýeterlik derejesiniň hünär) bolmazlygy sebäpli işgäriň wezipesine eýeleýän, da ýerine ýa ýetirýän işine laýyk gelmezligi, şol hünär synagynyň sanda netijeleri bilen tassyklanan bolsa; ";
in paragraph 4 the word "second" replaced by the word "first".
10. paragraph 1 of article 43 of the text in the national language shall be amended as follows: 1 ") kärhananyň (düzüm birliginiň) ýolbaşçysynyň, onuň orunbasarlarynyň we tertipnamalaryna laýyklykda düzgün öz-nyzam jogapkärçiligini çekýän işgärleriniň zähmet borçlaryny gezek gödek bir bozmagy;".
11. the first part of article 45 paragraph be supplemented as follows: "the prior consent 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.
12. In the first part of article 47 paragraph 1 teksta in the State language, the words "harby işe» deleted;
After paragraph 10 shall be amended with paragraph 11 to read as follows: "11) when the 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.
13. in paragraph 5 of part 2 of article 50 in the State language teksta the word "professional" replaced by the word "hünär".
14. the first sentence of the second part of article 51 shall be reworded as follows: "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).
15. Article 54, paragraph 3, paragraph 4 shall be amended as follows: «3) to address the employment body an average wage for the period of employment within three months 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 expiration of an advantageous period. ";
part the fifth, insert the following text: "5. the payment of severance pay and saved the average wage is made at the previous workplace or legal successor.
16. In article 60, paragraph 2 of part 1 shall be amended as follows: "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. ";
in the second part the words "group I or II disabled person" should be replaced by the words "persons with disabilities".
17. the first part of article 61 shall read as follows: "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.
18. The second part of article 68 shall be amended as follows: "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.
 
19. Part two article 72 supplemented with a paragraph reading: "when shift work with night time remuneration is made in the manner prescribed by part one of article 123 of this code.
20. Article 82 shall be amended as follows: 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.
21. Article 87: in paragraph 4 of part 3, the words "as well as in case of transfer to another job" should be deleted;
part the fifth, insert the following text: "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.
22. the fourth Part of article 88 shall be amended as follows: "4. In seniority, 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.
23. the first sentence of part five article 89 shall be amended as follows: "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.
 24. Article 90 shall be amended as follows: 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.
25. the second sentence of the first paragraph of article 92 shall be amended as follows: "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.
26. The title and the first part of article 93 shall be amended as follows: 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 ".
27. the first part of article 94 shall be amended as follows: "1. An additional ten calendar days ' leave to commit 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 granted two close relatives of the deceased.
28. Part four article 97 supplement paragraph reading: "annual basic leave is provided for actual time worked.
29. Article 98 shall be amended as follows: 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.
30. Article 99 and 100 considered unenforceable.
31. Part four of article 103 shall be amended as follows: "4. In case 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.
32. Part three of article 106 shall be amended as follows: "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.
   33. Article 109 shall be amended as follows: 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 negotiated months. ".
34. Article 122 shall be amended as follows: 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.
35. paragraph 1 of part five article 127 shall be amended as follows: ' 1) for heads of enterprises, 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; ".
36. In the title and the first part of article 155 of the text in the official language the word "ýagdaý" should be replaced by "hadysa".
37. the first part of article 164 shall be reworded as follows: "1. For breach of labour discipline, the following disciplinary measures: 1);
2) reprimand;
3) severe reprimand;
4) translation of up to three months at a lower paid job or a lower position;
5) dismissal.
38. the second part of the fourth paragraph of article 166 of the text in the national language shall be reworded as follows: "-temmisi nyzam Düzgün hakynda buýruk, karar bilen tanyşdyrylmadyk işgäriň düzgün-nyzam temmisi hasap edilýär ýok.
39. Article 171 shall be amended as follows: 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.
40. In the first part of article 172 of the text in the national language: in paragraph 7, the word "ýagdaýlaryň" should be replaced by "hadysalaryň";
paragraph 8 shall read as follows: «8) önümçilikdäki betbagtçylykly hadysalar hünär sebäpli keseller we zyýan çeken işgärleriň, şeýle olaryň agzalarynyň maşgala hem hukuklaryny we kanuny bähbitlerini goramakdan;.
41. in paragraph 9 of article 173, in part of the tenth article 174, in the title and content of article 175 of the text in the official language the word "ýagdaýy", "ýagdaý", "ýagdaýlardan" would be replaced, respectively, with the words "hadysasy", "hadysa", "hadysalardan".
42. Article 176 shall be amended as follows: article 176. The right to compensation for working conditions 1. A worker employed in jobs with hazardous 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.
43. In the second part of article 178, paragraph 5 shall be amended as follows: «5) acquiring and issuing for own funds of 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 on jobs related to pollution or performed in special temperature conditions; "
paragraph 6 of the text in the national language shall be reworded as follows: "6 zähmeti goramak) boýunça ýerine howpsuz usullaryny ýetirmegiň işleri we tärlerini we okatmak önümçilikdäki betbagtçylykly hadysalarda ilkinji kömegi zähmeti boýunça goramak, bermek gözükdirmek, iş ornunda tälim alşyny zähmeti talaplaryny, goramagyň we işlerini ýerine ýetirmegiň howpsuz usullary we tärleri boýunça bilim barlagyny";
paragraph 9 of the text in the national language shall be amended as follows: 9) goramak zähmeti "boýunça we düzgünlere gelýändigini laýyk kadalara anyklamak üçin iş orunlarynyň hünär synagyny geçirmegi";
paragraph 12 should read: "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;"
in paragraph 19 of the text in the national language, the word "iş ýerinde" should be replaced by the words "iş ornunda.
 
44. the first part of article 181 of the text in the national language shall be reworded as follows: "1. Zähmeti goramagyň dolandyryşy zähmeti babatda goramak döwlet döwlet esasy syýasatynyň ugurlaryny durmuşa geçirmekde zähmeti babatda goramak, kanunçylyk we beýleki kadalaşdyryjy hukuk namalaryny işläp taýýarlamakda, şeýle hem işgärlere zähmetiň sagdyn we howpsuz şertlerini kepillendirýän önümçilik serişdelerine tehnologiýalaryna zähmeti we guramaga, bolan talaplary özünde jemleýär.

45. in paragraph 3 of part 3 of article 182 of the text in the national language, the word "iş ýerleriniň" should be replaced by the words "iş orunlarynyň.
46. Article 185 shall be reworded as follows: "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.
 
47. The second part of article 186 of the text in the national language shall be reworded as follows: "2. Zähmeti goramak baradaky zähmeti talaplaryny goramagyň topar üpjün etmek, önümçilik şikesleriň we hünär keselleriň öňüni almak boýunça iş berijiniň we işgärleriň bilelikdäki işini, şeýle hem orunlarda goramagyň zähmeti iş zähmet barlaglarynyň şertleriniň we geçirilmegini we görkezilen barlaglaryň netijeleri işgärleriň habardar hakynda edilmegini, köpçülikleýin şertnamanyň (ylalaşygyň) zähmeti goramak bölümine toplamagy teklipleri hakynda guraýar.".
48. Article 187 supplemented part 7 as follows: "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 the retention of the average wage.
 49. Article 188 shall be reworded as follows: "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 the purchase of clothing and footwear.
50. The first sentence of article 189 shall be reworded as follows: "workers in jobs with hazardous and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions, are provided free of charge by the established norms.
51. In the second part of article 190 of the text in the official language the word "ýagdaýlardan", "professional" would be replaced, respectively, with the words "hadysalardan", "hünär".
52. paragraph 2 of article 200 of the text in the official language the word "betbagtçylyk" should be replaced by "ýagdaý betbagtçylykly hadysa".
53. In parts of the third and fourth articles 213 words "public benefit" and "public benefits", replace the words "respectively State benefit or pension" and "public benefit or pension.
54. Article 216 part three shall be amended as follows: "3. the survivors ' Children, 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.
55. the fourth part of article 217 words "public benefit", replace the word "pension".
56. the first part of article 224 shall be reworded as follows: "1. the payment of the 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.
57. In the first part of article 234 words "Trade Union body" should be replaced by the words "of the Trade Union or other representative body of workers.
58. the first part of article 243 shall be amended as follows:

«1. Limited 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.
59. the first part of article 253 shall be reworded as follows: "1. it is prohibited to employ 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.
60. The second part of article 267 shall read as follows: «2. For moonlighting requires warning employer at the place of substantive work, except as provided for in article 275 of the present code.
61. In the second part of article 285 article 286 of the word "body" and "Union with trade union bodies", insert the words ", respectively, the Trade Union or other representative body of workers" and "with trade unions or other bodies that represent workers.
62. the first part of article 403 supplemented by the following sentence: "the procedure for the recognition of persons temporarily unemployed is set by the legislation of Turkmenistan.
 
II. The present law shall enter into force on the day of its official publication.
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat November 8, 2014 year no. 150-V.