Learn about the legal processes for employee termination and severance in Afghanistan
In Afghanistan, the Labor Code (1999) provides the legal framework for notice periods during employment termination.
According to Article 24 of the Labor Code:
There are several exceptions to the standard notice period:
It's common for employers to offer payment equivalent to one month's salary and benefits instead of having the employee work during the notice period. This practice is generally accepted.
It's important to note that employment contracts in Afghanistan can specify notice periods that differ from the Labor Code's standard. The contract terms would generally supersede the Labor Code's provisions as long as they don't provide less favorable conditions to the employee.
In Afghanistan, the labor law acknowledges an employee's right to severance pay under specific termination scenarios, as outlined in Article 23 of the Labor Code.
Severance pay is granted to employees dismissed due to:
The severance pay an employee is entitled to is determined by their length of service with the employer:
Other entitlements, in addition to the base salary, may include regular allowances and benefits defined in the employment contract or as per prevailing labor practices in the industry.
Severance pay is mandatory in the circumstances described above, and employers cannot contract out of their obligation to provide severance. However, no severance is due if the employee resigns voluntarily, is terminated for serious misconduct, or if the employment contract was for a fixed duration that has ended naturally.
The Afghanistan Labor Code (1999) provides several legal grounds for terminating an employment contract. These include mutual agreement between the employer and employee, completion of a fixed-term contract, retirement, death of the employee, disability, cessation of work for more than six months, dissolution of the organization or reduction in staff, final conviction, disciplinary reasons, refusal to work, and an unsatisfactory probationary period.
The Afghanistan Labor Code does not explicitly provide for immediate termination. However, certain instances may warrant it. During probation, employers may terminate a probationary employee immediately, often if performance is unsatisfactory. Termination may also occur without notice for severe breaches of contract or violations of company policy such as insubordination or theft. It is crucial for employers to have clear disciplinary procedures outlining circumstances that may result in immediate dismissal.
Large-scale layoffs, also known as collective redundancies, typically require approval from the Ministry of Labor, Social Affairs, Martyrs, and Disabled. Employers should thoroughly document reasons for termination, particularly for disciplinary dismissals to avoid potential legal disputes.
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