In Turkmenistan, the termination of employment is regulated by the Labor Code of Turkmenistan.

Lawful Grounds for Dismissal

Employers can terminate an employment contract based on the following reasons:

• Agreement of the parties: Termination can occur by mutual agreement of the employer and employee.
• Expiration of a fixed-term contract: If the employment contract is for a specific period, it ends automatically upon expiration.
• Initiative of the employee: An employee can resign at will but must provide proper notice.
• Initiative of the employer: The employer can terminate the contract for reasons such as company liquidation, staff reduction due to changes in production, labor organization, or work volume reduction, employee's incompetence or inability to perform work duties due to insufficient qualifications, systematic failure by the employee to fulfill job duties without valid reason, absence from work without valid reason (including truancy), appearance at work while intoxicated (alcohol, drugs, etc.), criminal conviction that prevents the employee from performing job duties, and restoration of an employee who previously held the position.

Notice Requirements

The notice periods in Turkmenistan vary based on the reason for termination:

• Termination by mutual agreement: The parties determine the notice period.
• Termination on employee's initiative: The employee must give at least two weeks' written notice.
• Termination on employer's initiative: The notice period depends on the reason for termination, but generally ranges from two weeks to two months.

Severance Pay

Turkmenistan mandates severance pay in certain termination circumstances:

• Liquidation of the company or cessation of activities: Employees are entitled to severance pay equal to two weeks' average earnings.
• Reduction in staff: Employees are entitled to severance pay equal to two weeks' average earnings.

Labor laws can be complex and subject to change. For the most accurate and up-to-date information on employment termination in Turkmenistan, it's advisable to consult with a qualified legal professional or the relevant government agencies.

Turkmenistan has some legal provisions aimed at promoting equality, but the country's overall framework for anti-discrimination protection remains limited.

Protected Characteristics

Turkmenistan's laws offer a degree of protection against discrimination on the following grounds:

• Citizenship: The Constitution of Turkmenistan states the equality of all citizens.
• Language: Laws outline the right of citizens to use their native language.
• Gender: The Labor Code prohibits discrimination in employment based on gender.
• Others: The law also theoretically provides legal equality regardless of factors like race, ethnicity, religion, disability, and social origin. However, the lack of robust enforcement mechanisms significantly undermines these theoretical protections.

Complaint and Redress Mechanisms

Turkmenistan's redress mechanisms for discrimination complaints are weak and often inaccessible:

• Labor Complaints: In cases of employment discrimination, individuals may file complaints with labor inspectorates or courts. However, these bodies are frequently subject to government influence, reducing their effectiveness.
• Human Rights Institutions: Turkmenistan has a National Institute for Democracy and Human Rights, but its ability to independently address and redress discrimination complaints is questionable.
• International Mechanisms: Victims of discrimination may theoretically pursue complaints through international human rights bodies, but Turkmenistan's limited engagement with these mechanisms presents obstacles.

Employer Responsibilities

Employers in Turkmenistan have a legal obligation to uphold non-discrimination principles. Key responsibilities include:

• Equal Treatment: Employers must ensure equal treatment in hiring, promotion, compensation, and termination processes regardless of protected characteristics.
• Prevention of Harassment: Employers should take steps to prevent and address harassment based on discrimination grounds.
• Reasonable Accommodation: There are limited provisions requiring employers to provide reasonable accommodations for employees with disabilities.

Important Considerations

• Enforcement Gaps: Weak enforcement of anti-discrimination laws is a major challenge in Turkmenistan. Discrimination remains widespread, particularly against ethnic minorities, women, and people with disabilities.
• Limited Awareness: Many citizens are not fully aware of their rights under anti-discrimination provisions, further restricting the laws' impact.
• Government Control: The highly authoritarian nature of the government limits the ability of individuals and organizations to advocate for improved anti-discrimination protections.

In Turkmenistan, legal regulations have been established to outline work hours, rest periods, and ergonomic requirements, providing a baseline standard for working conditions.

Work Hours

The Labor Code of Turkmenistan stipulates a standard workweek of 40 hours. There are reduced work hours for specific groups:

• Teenagers (16-18 years old): 36 hours per week.
• Individuals under 16: 24 hours per week.
• Employees in hazardous or difficult work conditions: 36 hours per week.

Overtime work is permitted in exceptional circumstances but with limitations:

• A maximum of 4 hours per employee for 2 consecutive days.
• No more than 120 hours of overtime per year for an employee.

Rest Periods

Employees are entitled to rest breaks during the workday:

• For a typical workday, a break of up to 30 minutes every 4 hours.

Turkmenistan adheres to a five-day or six-day workweek system:

• In a five-day week, employees receive two days off, typically including Sunday.
• In a six-day week, they get one day off.

Ergonomic Requirements

While Turkmenistan has legislation on labor protection, specific details regarding ergonomic requirements are scarce. The limited availability of information suggests that ergonomic regulations might be underdeveloped or weakly enforced.

Turkmenistan has occupational health and safety (OHS) regulations aimed at creating a safe work environment. However, the effectiveness of these regulations remains a concern due to limited enforcement mechanisms.

Employer Obligations

Employers in Turkmenistan are legally bound to provide a workplace that meets safety and hygiene standards as outlined by state regulations. They are responsible for conducting risk assessments to identify potential hazards and implement control measures. Employers must also provide employees with necessary Personal Protective Equipment (PPE) for specific job tasks. Additionally, employees must receive proper training and instruction on safety procedures and hazard identification.

Employee Rights

Turkmenistan's Labor Code grants employees the right to work in a safe environment with minimal health risks. Employees have the right to access information on workplace hazards and safety procedures. They also have the right to refuse work they believe is unsafe or poses a health risk.

Enforcement Agencies

The primary body responsible for enforcing occupational health and safety regulations in Turkmenistan is the Ministry of Labor and Social Protection. This Ministry oversees labor inspections and can impose penalties on employers found violating safety regulations.

Enforcement Challenges

The Ministry might face limitations in resources and personnel to conduct regular and comprehensive workplace inspections. There are also concerns regarding the transparency and effectiveness of the enforcement process.

Additional Considerations

The lack of readily available information on specific OHS regulations in Turkmenistan highlights potential weaknesses in transparency and accessibility. International organizations like the International Labour Organization (ILO) can play a role in supporting Turkmenistan's efforts to improve its OHS framework.

While Turkmenistan has established a basic framework for workplace health and safety, concerns remain regarding enforcement and the overall effectiveness of the system.