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REPUBLIC OF TAJIKISTAN

Labour Code of 15 May 1997

(excerpts)

In accordance with the Constitution of the Republic of Tajikistan, the Labour Code defines overall state policy in the sphere of labour relations, provides state safeguards of citizens' labour rights, and is intended to protect the legal interests of workers, employers and the State.

CHAPTER 1. GENERAL PROVISIONS

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Section 4. Basic labour rights and obligations of workers.

In accordance with the Constitution of the Republic of Tajikistan, everyone shall have the right to work, to chose a profession or occupation, to protection from health hazards at work and to social protection in the event of unemployment.

The state guarantees the right of each worker to:

A worker shall be obliged:

Section 5. Basic rights and obligations of the employer

The employer shall have the right:

The employer shall be obliged:

Section 6. Special legal provisions relating to particular categories of workers.

The provisions of the Labour Code shall apply to all workers.

Work done by particular categories of workers may have special characteristics depending on the form of ownership of the enterprise where the worker is employed, the nature and conditions of the work, the nature of the employment relationship with the enterprise, natural and climatic conditions, and various other objective factors, and shall be covered by separate legislation and other statutory instruments of the Republic of Tajikistan. However, the overall level of rights and safeguards provided shall not be inferior to those provided under the present Labour Code.

Section 7. Prohibition of discrimination in employment (relationships.

All citizens shall be equal in employment relationships. Any distinctions, preference or refusal to hire a worker on grounds of nationality, race, skin colour, sex, age, religion, political conviction, place of birth, national or social origins, resulting in violation of the principle of equality of opportunity at work, shall be prohibited.

Distinctions necessitated by the nature of the work or by the concern of the State for persons in need of enhanced social protection (such as women, young people or disabled persons) shall not constitute discrimination.

Persons who believe that they have suffered discrimination in employment shall be entitled to apply to the courts for redress.

Section 8. Prohibition of forced labour.

Forced labour shall be prohibited.

The following shall not be regarded as forced labour:

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