Attachment_27_Afghanistan_Labor_Law.pdf

{Final} In the name of Allah, Most Gracious, Most Merciful

Labor Law

Chapter 1 General Provisions

The basis Article 1:

This law has been enacted in accordance with Article 48 of the Constitution of Afghanistan to regulate and clarify the obligations, rights, privileges and Social Security of Employees.

Objective:

Article 2:

The Law shall have the following objectives:

1. Specify, regulate, and strengthen the work relations of Employees.

2. Ensure equal job opportunity and protect the rights of Employees.

3. Improve the organization of work and production; promote work efficiency;

ensure reasonable utilization of human resources and labor resources;

Strengthen work discipline and production; promote advanced salary and payment systems; and ensure Social Security to upgrade the material, social and cultural life of the Employees.

4. Determine rights and responsibilities of Employees and those in charge of work and production [Employers]; ensure compliance with requirements of protection and work safety techniques; continuous skills and capacity building for purpose of development and strengthening of the national economy.

5. Promote the rule of law and uniform application of legislative documents governing labor in all aspects of work and production.

6. Facilitate the provision of placement services

[Definitions of] Expressions Article 3:

In this Law, the following terms shall have the meanings set forth below:

1. Administration [office]: means Ministries, State or non-State administrations independent commissions, enterprises, private or mixed business, and international organizations [operating] in the Islamic Republic of Afghanistan in which Employees engage in production work or service.

2. Employee: means a State civil servant, Worker or service personnel, whether male or female.

3. State civil servant: means a person that is employed on a permanent basis in accordance with the provisions of this Law and the relevant law by the Civil Service Commission.

4. Worker: means person that is employed by an Administration on a contractual basis.

5. Service Personnel: means persons employed by an administration on a contractual basis to carry out [auxiliary] services supporting work.

6. Contract employees: means workers, service personnel or contract civil servants that are employed on a contractual basis to provide the specified work for a fixed period of time.

7. Employer: means a natural or legal person, upon the agreement or approval of whom the employee is employed, and the Wage, salary or other entitlements of the employee are paid by him or upon his approval.

8. Wage: means the amounts paid to an Employee for completion of work.

9. Wage component [ Allowance]: means a payment made regularly to an

Employee for completion of a specified work in accordance with the relevant legislative documents.

10 Wage Appendages [Wage Supplement]: means a payment made on specific occasions to an Employee for completion of a specified work in accordance with the relevant legislative documents.

11. Social Security [social insurance]: means a fund contributed jointly by Employee[s] and the Administration or by the Administration alone to assist in ensuring the livelihood of an employee during work or retirement period, as the case may be.

12. Attendance Book: Is a document that determines the Employees’ existence in the office during the official time. The Human Resource Department is responsible to prepare, monitor and keep records of this document for financial purposes. The Employees’ Attendance Book is assessed and certified by his/her immediate supervisor.

Prohibition of forced labor Article 4:

(1) Forced labor shall be prohibited. Work shall be deemed forced when the employee is obliged to perform it by menaces or otherwise against his/her will.

(2) Any work the performance of which is required by the law shall not be deemed forced labor.

Organizing Labor Relations Article 5:

(1) This Law regulates the general labor relations of all categories of Employees, whether Afghan or foreign, with their Administration. The categories of Employees include:

1. Employees of a Ministry, State, mixed or private Administrations, Independent Commissions, domestic or foreign organizations in Afghanistan;

2. Administrative employees of elected bodies (The National Assembly, or the Provincial, District or Village Councils,), the Military, the Police or the National Security Department.

(2) The specific labor relations of Employees mentioned in paragraph 1 of this Article, shall taking into account the legal form and structure of the administration (State owned, mixed, or private, social or foreign organizations operating in Afghanistan), be regulated by special legislative documents not incompatible with the provisions of this Law.

(3) Whenever there is no provision regarding the labor relations of certain employees in this law or in any special legislative documents, such relations shall be regulated through the Ministry of Labor and Social Affairs provided however that it is not against the law or principles of justice.

(4) the procedures for selection, appointment, assignment of ranks or grades, conditions for promotion of the employees mentioned in paragraph (1) of this Article and the authorities which authorize an appointment, transfer, suspension or reappointment, promotion, retirement, extension or work period and abrogation of retirement, resignation, and paid or unpaid leave not stipulated in this Law shall be regulated by other legislative documents.

Application of labor Law on Foreign Citizens Article 6:

(1) The provisions of this Law shall apply to foreign citizens who either pursuant to previous contracts or without contracts obtained or will obtain work permits in the Islamic Republic of Afghanistan and are employed in State, mixed or private Administrations. Their employment conditions shall be provided in a separate Regulation.

(2) The government of Afghanistan may, on a reciprocal basis, impose certain restrictions on the nationals of those countries the laws of which limit employment rights for nationals of the Islamic Republic of Afghanistan.

Application of Law Article 7:

The provisions of this Law shall apply to Persons working abroad in the diplomatic missions or other State agencies of Afghanistan, and persons working in domestic or foreign international organizations inside the country.

The Right to work against remuneration Article 8:

(1) Employees in the Islamic Republic of Afghanistan shall have the right to equal work for equal Wage. The right to work against a Wage and protection of the right to work shall be regulated by legislative documents.

(2) Employees shall be entitled to receive Wages, Allownces and Supplements and salaries on the basis of the quality and quantity of the work and in consideration of posts, grades, and ranks.

Non-discrimination in Employment

Article 9:

(1) Any discrimination in recruiting, payment of Wages and entitlements, profession, field or specialty, as well as in the right to education and social security shall be prohibited.

(2) During the period of pregnancy and [after] the birth of a child, and in other cases stipulated by this Law and other legislative documents, women in the workplace shall be entitled to the specified rights.

(3) In the Islamic Republic of Afghanistan, every one shall have the free right to choose a profession, specialty or field of work, industry and the type of job to suit his/her educational field, interest, talent and professional aptitude, in accordance with the relevant legislative documents.

Right to Paid Leave Article 10:

Employees shall be entitled to paid leave and rest, in accordance with legislative documents.

Use of Other Rights Article 11:

In the economic and social areas, Employees shall have the right to be provided with occupational safety and health of work and production, professional training, skills development, improvement of professional knowledge, and the right to benefit from Social Security.

Compliance with the International Conventions Article 12:

The Islamic Republic of Afghanistan shall observe international conventions to which Afghanistan is or will be a party and other treaties and standards of international organizations concerning labor and management, subject to the special conditions of the country.

Chapter 2 Employment and labor [employment] contract

Terms of Employment Article 13:

(1) A person who may be employed as an employee shall:

1. Hold the citizenship card of Afghanistan;

2. Have completed 18 years of age. Completion of 15 years of age shall be required for employees of light industries and 14 years for trainees;

3. Presents a vocational training document verified by the Ministry of Labor and Social Affairs, (Service personnel shall be an exception to this rule.);

4. Present a health certificate [issued] by the relevant authorities of the Ministry of Public Health; [and]

5. Present an education or higher education graduation document (for State Civil Servants only).

(2). Specifications or conditions for employment of State Civil Servants shall be regulated by the relevant legislative document.

3. The age of employee at the time of engagement in labor shall be determined and calculated according to year of birth mentioned in the citizenship card, with consideration of months and days, at the time of engagement in labor, which shall be included in the records file of the employee. Changing the age which has been recorded in the records book of the employee shall be invalid after engagement in labor.

4. Employment of youth under 18 years of age in a work injurious to health that may cause physical retardation or disability shall be prohibited.

5. The conditions of work, obligations and employment contract of foreign nationals working in state or non-state Administrations or foreign institutions in Afghanistan shall be regulated by the relevant legislative document.

Foreign employees of diplomatic missions and international organizations shall be an exception to this rule and shall be subject to bilateral agreements or contracts and the international law.

(6). Afghan or foreign employees who are newly employed in Administrations shall obtain and present an introduction letter or work permit from the Ministry of Labor and Social Affairs

Employment Contract Article 14:

(1) The employment contract shall constitute a written agreement between the Emplyee and the Administration or Employer through which the Employee shall be obliged to render service for a definite or indefinite period of time in return for which s/he obtains Wage, and other rights and previlages during the work period.

(2) A contract for definite period [fixed term] shall be for one year and may be extended when agreed to by the two parties. Upon termination of the term in a fixed term contract, should the parties take no action within a month, the contract shall be deemed to be extended with the same terms and conditions.

(3) Subsequent contract changes or amendments that the parties agree to make shall be permitted only when such changes or amendments do not include a lesser Wage or other rights and privileges for the Employee than those prescribed by this Law.

Conditions for an Employment contract Article 15:

An employment contract shall fulfill the following conditions:

1. Legitimacy.

2. Defining the subject matter of the contract;

3. Absence of legal obstacles against work ;

4. The type of work or occupation which the Employee will practice;

5. Wage, rights and privileges of Employee ;

6. Timing and hours of Work, in accordance with this Law;

7. Leave [entitlements], as provided for in this Law;

8. Workplace or unit where the Employee will engage in work;

9. The date of contract signing; [and]

10. The term of the contract.

Preparation of Employment contract Article 16:

(1) Employment and training contracts shall be prepared in three copies. Upon agreement and signature by each party, one copy shall be given to the Employee, another to the Ministry of Labor and Social Affairs and the third copy shall be maintained in the Administration which employees the Employee.

(2) The employment contracts of persons under the age of 18 and Apprenticeship [contracts] shall be signed by their legal representative.

Probationary Period Article 17:

(1) The parties to an employment contract may upon their mutual consent determine a period as probationary period. During such period which can not exceed three months, [any of] the parties may terminate the contract upon a notice to the other party. If the employment contract is not terminated during the Probationary period, the contract shall continue to be effective under the conditions provided therein.

(2) The training period of the Employee shall be included in the work period of the Employee.

(3) The probationary period for State civil servants shall be determined in accordance with the relevant legislative document.

Change in the legal form of an Administration Article 18:

Where the ownership or title of the employing Administration changes (such as merger with another Administration, death of employer and so forth) or where the type of product is changed, the property is destroyed, or other situations apply, the affairs related to rights and privileges of Employees shall be determined by the relevant legislative document.

Prohibition again work in violation of contract Article 19:

No Administration shall require an Employee to perform work that is not included in the contract, except as otherwise provided in this Law.

Temporary Assignment of Employee to work not part of the Contract Article 20:

An Administration may, irrespective of the provisions contained in the employment contract, temporarily assign other tasks to the Employee in the same or another Administration, in the same locality, as follows:

1. in the same Administration, according to specialty, skill, job, Wage level and other rights and benefits, without substantial changes in the conditions mentioned in the employment contract;

2. In order to prevent and manage unforeseen events and disasters and prevent wastage/loss of assets [belonging to] the Administration.

3. In the event of the temporary stoppage of work.

Contract Suspension:

Article 21:

(1)An Employment contract may be suspended for the reasons mentioned hereunder.

The contract shall re-gain its original validity once the reasons for the suspension no more apply.

1. Assignment to military services.

2. Engagement in duties during elections.

3. Temporary stoppage of work.

4. Being accused of a crime or being under custody or investigation.

5. Unforeseen events.

6. Engagement in education.

(2) The days mentioned in paragraph 1.1, 1.4 and 1.6 of this Article shall be included in the service term of an employee only when the employee returns to the Administration within one month of completing military service, education or acquittal.

(3) In private [non-governmental] organizations, the conditions for suspension mentioned in paragraphs 1.1, 1.4 and 1.6 of this Article shall be subject to the consent of both parties.

Re-appointment Article 22:

An Administration shall not refuse to accept the employee to work after the suspension is lifted

Termination of the Contract Article 23:

(1) An employment contract may be abrogated in the following situations:

(1) Agreement by the parties:

(2) Completion of term in a fixed term contract, in accordance with Article 14.2 of this Law.

(3) Retirement.

(4) Demise.

(5) Disability that hinders the performance of work.

(6) Cessation of work for more than six months.

(7) Dissolution of the Administration or reduction in the number of the staff.

(8) Final conviction to two months imprisonment.

(9) Repeated breach of work after application of disciplinary punishments

(10) Refusal by the Employee to work after a re-assignment to his/her previous duty.

(11) An un-satisfactory probationary period

(2) If an employment contract is terminated, the Administration shall be obliged to revert [all] remaining entitlements [Wage] and allowances of the employee to him/her, or to his/her legal heir in case of the employee’s death.

(3) Except for paragraph 1.1 of this Article, an employment contract, may be abrogated only when it is not feasible to transfer the employee, subject to his agreement, to a similar job.

(4) However, in case the contract is abrogated on the basis of reasons described in paragraph (1) of this Article, the Administration shall be obliged to inform the Employee within one month.

Contract Termination Notice Article 24:

(1) A Contract Employee may annul his/her non fixed term employment contract by sending a one-month prior written notice [to the Administration].

(2) Before the contract term expires, an Employee may annul his/her fixed term employment contract with or without notice when:

1. The Administration has breached the obligations set forth in the employment contract or has violated the provisions of this Law.

2. The Employee has had a prolonged and incurable illness, disability or other excuses that will hinder the performance of his/her work.

(3) The Employee or his/her legal representative shall provide a written notice to the Ministry of Labor and Social Affairs concerning the Abrogation of the employment contract pursuant to paragraphs (1) & (2) of this Article, to avoid any possible disagreement.

Assistance in job placement Article 25:

(1) The Administration shall be obliged to provide a list of those Employees whose contracts have been terminated pursuant Article 23.1 of this Law describing their work experience and service term, qualifications, specialties, and skills to the Ministry of Labor and the Social Affairs or its provincial representative offices.

(2) The Administration shall be obliged to make a payment, of the last Wage of the respective rank or grade to the Employees whose contracts have been terminated on the basis of the provisions of sections 6, 7, 8, & 10 of Article

23.1 of this Law as follows to provide them with a job finding assistance:

1. If the duration of work is one year, one month Wage including all Allowances and Supplements.

2. If the duration of work is from 12 months to five years, two months Wages including all Allowances and Supplements.

3. If the duration of work is from five to ten years, four months Wages including all Allowances and Supplements.

4. If the work duration is more than ten years, six months Wages including all

Allowances and Supplements.

Protecting the Right to Pension Article 26:

In the event of abrogation of the employment contract of an Employee in accordance with this Law, the pension and other rights of such Employee shall be protected.

Reappointment of Employees Article 27:

(1) If an Administration stops working due to unexpected events and its Employees lose their jobs, the Administration shall be obliged re-employ its previous staff to their original posts in the respective units, upon a re- start of activity.

(2) If such Employees do not return to the Administration during the period of when their posts are announced, the Administration may recruit new Employees to replace them.

Prohibited annulment of employment contract Article 28:

Transfer of an Employee, abrogation of his/her employment contract, or his/her retirement is not permissible during paid leave periods provided by law or during service on missions/secondment period, unless the Administration has been totally wound up.

Part-time Contract Article 29:

(1) An Administration may conclude part time contracts (work during parts of the day, parts of the week, contract based on work output or piece work) with retired or disabled persons or women engaged in household duties or in raising their children, or any other person who are skilled and able to perform the work.

(2) An Administration may not conclude a second contract with [its] Employees or other persons [to work] during the same official hours at the same Administration.

(3) The conditions for work, signing of employment contract, and payment of Wages and other entitlements of Employees mentioned in Paragraph (1) of this Article shall be regulated by the relevant legislative document.

Chapter 4 Time [hours] of work

Hours of Work Article 30:

(1) Time of work is a period of time during which Employees make their physical or mental energy available to the Administration for the purpose of performing work.

(2) Normal length of working time, on average, during the course of the year, may not exceed 40 hours per week.

(3) Annual level (balance) of working time, general measurement concerning the utilization of working time, commencement and ending of the working period of Employees, shift schedule, and other issues related to work regime shall be determined and regulated by the Ministry of Labor and Social Affairs.

(4) Upon the approval of the Ministry of labor and Social Affairs, given the nature of the work, an Administration may increase or decrease the number of hours mentioned in paragraph (2) of this Article, during any days of the week, provided that the total number of hours per week does not exceed 40.

Reduced length of working time Article 31:

(1)The weekly work hours of Employees are reduced in the following cases:

1. For youths between 15 and [under] 18 year of age- 35 hours per week;

2. For Employees engaged in underground work and work under conditions that are injurious to their health, 30 hours per week; [and]

3. For pregnant women- 35 hours per week.

(2) The list of duties that are arduous or injurious to health which require a reduction in working time shall be prepared and specified by the Ministry of Public Health, the Ministry of labor and Social Affairs and the relevant Administration.

(3) The work hours of teachers, professors, health officials and such other persons, which require reduction shall be regulated in accordance with their specific legislative documents through the relevant Administration, in agreement with the Ministry of Labor and Social Affairs.

(4) Reduction in work hours as provided in paragraphs (1, 2, & 3) above, shall not cause a reduction in Wage or other allowances of the Employee.

(5) Taking into account the seasons of the year, the Holy month of Ramadan or very hot or cold weather, the Ministry of Labor and Social Affairs may either decrease or increase the number of work hours on a daily or weekly basis provided that it doesn’t exceed the number of work hours provided in Article 30 of this Law.

(6) In an Administration that operates continuously or where compliance with the determined work hours per week is not possible due to of the nature of production, the calculation of the total working hours (per month, per quarter, or biennially) shall be performed by the relevant Administration and may be decreased or increased when confirmed by the Ministry of Labor and Social Affairs.

Work at Night Time Article 32:

(1) The length of working time at night shall be reduced by one hour as compared to days. For such a purpose, night means 11 consecutive hours regulated by the Ministry of Labor and Social Affairs through internal rules of work in the Administration.

(2) The provisions of Paragraph (1) of this Article shall not apply when:

1. Reduced time of work is envisaged for Employees in accordance with Article

(36) of this Law.

2. It is not possible to reduce hours of work due to the conditions of work and production. ( uninterrupted production and work done in shifts)

Wages for Night Work Article 33:

(1) For night work, all administration and service Employees shall be paid (15) per cent and production Employees (25) percent more than their normal Wage.

(2) Conditions attached to and procedures for night work shall be regulated as approved by the Council of Ministers upon a proposal by the Ministry of Labor and Social Affairs.

Mixed Work Hours Article 34:

Mixed work hours mean the time when some work hours fall during the day time while the others fall at night time. In such a case, the Employee shall benefit from an additional Wage proportionate to the time of his/her night work, as provided in Article 33 of this Law. .

Shift Work Article 35:

(1) Commencement and ending of shift work shall be fixed by the internal rules of the

(2) In the event of there being many shifts, the Employees shall be changed every week in rotation according to the work chart.

(3) It is not permissible to require an Employee to work during two successive shifts.

(4) Whenever all or some of the working shift of an Employee is during night time, the Employee shall be entitled to remuneration in addition to his/her Wage, as provided in Article (33) of this Law.

Change of shift- work duration Article 36:

Subject to Article 30.2 of this Law, an Administration may, with consideration of the nature of work, increase or decrease the number of hours of shift work from eight hours during normal days or from lesser hours determined for any other days.

Temporary stoppage of work Article 37:

(1) Whenever wasted time arises from work stoppages due to unexpected events for a maximum of one month, and the Administration pays all the Wages and other entitlements of the employee, the wasted time or hours can be compensated after the Administration starts operation and production.

(2) In the situation mentioned in Paragraph (1) of this Article, work hours shall not exceed 10 hours per day and 50 hours per week. The employee shall be entitled to additional payment for any over time worked.

Overtime Job Article 38:

(1) Work performed by an Employee beyond the limits of normal working time, on the initiative of the Administration, is considered overtime work which shall be permissible in the following cases when agreed to by the Employee and the relevant Administration:

1. In cases that performance of work may not be delayed and is required for public services;

2. In order to prevent or remove industrial or social accidents;

3. In order to repair or restore damaged machines if the malfunctioning leads to stopping of work for a large number of Employees;

4. In order to remove unforeseen circumstances that prevent normal functioning of social services (water supply, heating, lighting, sewage, transportation, communications, health and other social services);

5. In order to complete work which was started previously if non completion of such work leads to material or moral damage;

6. In order to continue work due to absence of a shift worker from work if interruption of the work is not possible. In such a case, the Administration shall take immediate measures for replacement of the Employee [with another Employee].

7. In order to compensate the work stopped or not performed, as mentioned in Article 37.1 of this Law.

8. In order to perform other work needed by the Administration, as determined by the relevant in-charge person.

(2) Overtime hours shall not exceed the average of normal working hours during a day.

(3) Night shift Employees, Employees engaged in underground work and work injurious to health, and pregnant women or women who have children below the age of two years shall not engage in overtime work.

(4) The conditions and limits for the number of overtime hours as well as the procedures for performance thereof shall, with due regard to the nature of work in the Administration, be regulated in the relevant legislative document.

Chapter Four Right to rest and leave

Breaks and Paid Leave Article 39:

Employees shall be entitled to the following breaks and paid leaves:

1. Breaks during work for performance of prayers and meals;

2. Public holidays (national and religious);

3. Annual leave (recreational, sick and urgent leave.)

Break during work Article 40:

Prayer and meal break shall be for one hour. The break shall not be included in the official work hours and shall be regulated by the internal rules of the Administration.

Public holidays Article 41:

Paid Public holidays shall be as follows:

1. The last day of the week (Friday);

2. The first day of the [solar] year (Nawroz);

3. 28th of Assad (the Independence Day of the country);

4. 8th of Sawr, Victory of the Islamic Revolution of Afghanistan;

5. The three days of Eid- ul- Fetar;

6. Four days of Eid- ul- Adhah and Arafa;

7. Twelfth of Rabiul Awal, the birth day of the Great Prophet of Islam

(Peace be Up on Him);

8. 10th of Muharam-al- Harram (the day of Ashura); [and]

9. Other days approved and declared by the State of the Islamic Republic of Afghanistan as public holidays.

Annual Leave Article 42:

Annual leave (recreational, sick and urgent) shall not include public holidays and shall be provided when needed and requested by or upon a notification by the Employee.

Work Schedule Article 43:

(1) The Administration shall regulate and grant recreational leave of Employees in accordance with the schedule of leave. When the Administration does not approve recreational annual leave of an employee due to the nature or increased load of work, the Administration shall be obliged to pay the Wage and other entitlements and allowances of the leave days in addition to the principal Wage.

(2) In the event of the death of an Employee, the Administration shall be obliged to pay the Wages and other entitlements and allowances for the days mentioned in Paragraph (1) of this Article to his/her heirs.

(3) The payment of an Employee’s Wages and other entitlements and allowances for recreational leave days shall not be time bound and may be made pursuant to an agreement by the Employee and the Administration.

Work during public holidays Article 44:

(1) Work during public holidays shall be allowed with the consent of the Employee and approval of the relevant Administration in the following cases:

1. Work in an Administration which is incessantly active, if an interruption would cause delay in work and problems in [provision of] public services;

2. Performance of work related to public services;

3. Fulfillment of work that shall not be delayed for urgent repairs, loading or unloading of consignments, and work related to prevention of unforeseen events;

4. Performance of other work urgently required by the Administration as determined by the relevant in-charge person.

(2) In cases referenced in Paragraph (1) of this Article, the Administration shall be obliged to pay, as a privilege, 50% of the normal hourly Wage to the Employee in addition to the overtime payment provided in this Law.

Work in an Administration with incessant operation Article 45:

(1) The in-charge of an Administration which operates without interruption, in stead of public holidays, may grant a leave to Employees on normal days of the week in accordance with a schedule (on a turn basis).

(2) In an Administration where work can not be stopped on public holidays to meet public service requirements, the Administration shall be required to either grant leave to the Employee on any other day of the week or pay the equivalent amount of Wage and other entitlements and allowances for such a day to the Employee.

Recreational Leave Article 46:

(1) Each Employee shall be entitled to twenty days of paid recreational [rest] leave per annum.

(2) Employees shall be entitled to more than 20 days of recreational leave when they are:

1. below 18 years of age. In this case, they are entitled to 25 days of recreational leave; [or]

2. Engaged in underground or arduous work or work that is injurious to health. In this case, they are entitled to 30 days of recreational leave.

Leave for Teachers and Professors Article 47:

(1) Professors and teachers who benefit from the general vacations of the educational and higher educational institutions shall not be entitled to recreational leave.

(2) In case teachers or kindergarten trainers do not benefit the vacations mentioned in Paragraph (1) of this Article, they shall be included in the Employees mentioned in Article 46.1 of this Law.

Recreational Leave Article 48:

(1) The recreational leave of an Employee may be granted for 20 consecutive days and in cases of urgent need of the Administration, such leave may be carried forward to the next year, upon consent of the Employee.

(2) An employee shall benefit from annual recreational leave in accordance with a schedule (turn) as prepared by the Administration.

(3) When urgently needed by the Administration, the recreational leave of an Employee may be granted 10 days every six months.

Recreational Leave for a newly hired Employee Article 49:

(1) During the first year of work, a newly hired employee shall be entitled to take recreational leave when s/he has worked for 11 consecutive months in the

(2) A Seasonal Employee the term of whose employment contract is not less than three months, may benefit from recreational leave proportionate to the term of his/her service, in accordance with Article 46.1 of this Law.

Wage and other rights during Recreational Leave Article 50:

(1) The office shall be obliged to pay the Wage and other allowances of

Employees in advance of their recreational leave period.

(2) If an Employee has not used [all or a part of] the recreational leave, and resigns, separates, is transferred from the relevant Adminstration, or retires, s/he shall be entitled to the Wage pertaining to the unused leave days, in proportion to the period of work done during the year, as well as to the original Wage.

Urgent Leave Article 51:

(1) An Employee shall be entitled to ten days urgent leave every year and to payment of the Wage, and other entitlements and allowances [for such days].

(2) Urgent leave not exceeding three days in each case, shall be granted upon a notice. Such leave for a longer period, shall be granted upon a request by the Empoyee and approval by the Administration.

(3) Employees are entitled to (10) days of urgent leave for marriage; death of father, mother, brother, sister, spouse, child, father in- law, mother in-law, uncle, aunt; or birth of a baby.

Sick Leave Article 52

(1) An Employee shall be entilted to 20 days of sick leave per year with payment of Wage, and other entitlements and allowances.

(2) An Employee's paid sick leave for up to five days can be granted on the basis of a written notice.

(3) In the event that the sickness of an Employee exceeds 5 consecutive days, the Employee shall be obliged to present a sickness certificate. To be valid, the certificate shall be issued by a medical doctor practicing in a health center;

and where no such practitioner is available, the certification by the Village Council shall be valid. Where the Employee is covered by medical insurance, the certification by the doctor of the insurance [company] shall be valid.

(4) In case an Employee’s sick leave exceeds the time period referenced in Paragraph (1) of this Article, his other leave days may be used in stead.

Additonal Sick Leave Article 53:

(1) If the illness of an Employee extends for a period longer than that referenced in article 52 of this Law, an additional paid sick leave may be granted to the Employee upon presentation of a certificate issued by a governmental or non-governmental health center.

(2) The conditions of and the procedures for granting additional sick leave referred to in paragraph (1) of this Article shall be regulated by the relevant legislative document.

Maternity Leave Article 54:

(1) A female Employee shall be entitled to 90 days of paid maternity leave. a third of such leave shall be granted before delivery and the other two thirds after delivery.

In case of an abnormal delivery or delivery of twins or more than twin babies, additional fifteen days of [such] leave shall be granted to her.

(2) The Wage and other allowances mentioned in Paragaph (1) of this Article shall be paid upon [presentation of] a certificate issued by the hospital.

(3) After the completion of the leave mentioned in Paragraph (1) of this Article, the female employee shall report to duty within five days. Otherwise, she shall be regarded to be absent from her job and shall not be entitled to the privileges mentioned in Paragraph (2) of this Article.

Pilgrimage (Hajj) Leave Article 55:

(1) An Employee shall be entitled to a maximum of 45 days of paid leave to perform Hajj or pilgrimage of sacred places.

(2) Any leave days in excess of the 45 days menioned in paragraph (1) of this Article may be applied as an Employee's recreational or urgent leave.

(3) A certificate issued by the Ministry of Hajj and Regligious Affairs shall be required in order to benefit from Wage and other privilages related to the days mentioned in Paragraphs (1) and (2) of this Article.

Sick leave for newly hired Employees Article 56:

The annual, sick and urgent leaves for newly hired Employees, in proportion to the number of their service days, shall be granted as follows:

(1) If an Employee is hired during the first half of the calendar year, s/he shall be entitled to use a full annual leave;

(2) If an Employee is hired during the second half of the calendar year, s/he shall be entitled to use 50 per cent of a full annual leave.

Calculation of Paid Leave Article 57:

Any paid leave of an Employee shall be counted as work days for calculation of his/her steps, promotion, and retirement periods.

Paid leave in non-governmental Administrations Article 58:

The conditions, circumstances and procedures for granting leaves provided in Chapter four of this Law in non-govenmental Administrations, private and mixed businesses, foreign organizations and institutions resident in Afghanistan shall be subject to the agreemnt of the Employee and the relevant Administration, which shall be stipulated in the contract.

Chapter Five Wage

Payment of Wage Article 59:

(1) Wage shall be calculated and paid to Employees according to the quantity and quality of work, with due regard to post, rank, grade, or profession, period of training (apprenticeship) and practical work as well as other conditions mentioned in work related legislative documents.

(2) If an Employee, by reasons of his/her talent, qualification and experinece, is assigned in a higher position than his/her own grade/rank, his/her Wage and other rights shall be regulated according to the pay-scale of the position.

(3) If an Employee has a higher rank/grade and, due to existance of a need, is appointed to a lower position, his/her Wage and other rights shall be regulated according to the pay-scale of the rank/grade.

(4) No descrimination shall be permissible in the payment of Wages.

(5) Wage cannot be less than the minimum amount fixed by the State.

Monetary privilage of education Article 60:

The monetary privileges for certificates of completion of education/higher education and for scientific cadre shall be regarded as an integral part of Wage.

Food Allowance Article 61:

An Employee shall be entitled to food allowance in the market rate, which shall be paid monthly unless stipulated othewise in the contract.

Determinaton of Wage Article 62:

(1) The amount and conditions for payment of Wage to different categories of

Employees shall be determined as follows, taking account of the provisions of Article (59) of this Law:

1. for State Employees and the mixed organizations in which the share of the government is more than 50%-- it shall be determined by Ministries of

Finance and Labor and Social Affairs and the Independant Commission of Administrative Reform and Civil Services.

2. For Employees of social organizations-- it shall be determined in accordance with the charter/Articles of Association/by-laws of the relevant organization.

3. For Employees of Non-governmental Administrations, private or mixed businesses, and foreign [international] organizations and institutions resident in Afghanistan-- it shall be determined as agreed to by the parties.

(2) The Wage level for any catagory of the Employees mentioned in sections (2 and 3) of Paragraph (1) of this Article, shall not be less than the minimum amount fixed by the State for the State Employees.

Payment of Wage Article 63:

An Employee shall be entitled to receive Wage from the date of signing contract or of approval of employment, as the case may be, unless provided otherwise in the relevant legislative documents.

Timing of Wage payment

(1) the Wage of an Employee shall be paid either by computing the monthly or weekly work hours (time based payment) or by taking into consideration the work done or production output (work based payment)

The Wage and other benefits for the last day of the week (Friday) shall be equivalent to [wage and benefits of ] normal work days.

Incentive payments Article 65:

(1) In order to provide material encouragement for Employees, promote work efficiency, and improve product quality as required, an Administration may regulate and pay incentive Wages in accordance with a system of encouragement and remuneration.

(2) The rules and and standard provisions for incentive payments and remunerations, shall be determined by the Ministry of Labor and Social Affairs in cooperations with Employers, and with the agreement of the Ministry of Finance.

Conditions for addition of Supplements to Wages Article 66:

(1) Wage Supplements shall be added to the principle Wage in the following conditions:

1- work in areas with unfavorable natural, climatic, or difficult economic and social conditions

2- work in underground areas or under conditions which are arduous or injurious to health

3- work with professional or technical skills 4- Other situations stipulated by legislative documents.

(2) The terms and conditions and norms for payment of supplements mentioned in Paragraph (1) of this Article and the manner for application of such supplements to overtime payments and pensions shall be regulated in the relevant legislative document.

Overtime payment Article 67:

The hourly Wage for overime is 25% more than the pay rate for a normal working hour and shall be paid 50% more [in case of over time on holidays).

Wage for Operation of Several Machines Artilce 68:

(1) A Employee who operates several machines or performs several tasks in the same office shall be be entitled to earn a higher Wage.

(2) Conditions and the procedures for payment of the Wage mentioned in Paragraph

(1) of this Article shall be determined in the relevant legislative doccument.

Work Compensation Article 69:

(1) The Wage for work done during public holidays shall be twice [the ordinary wage], unless a compensatory leave day is granted at the consent of the employee within two weeks.

Conditions and Time of Work Article 70:

(1) The conditions and timing of daily-Wage and part-time employees (part of the day, part of the week, work output or peice work) shall be regulated by the relevant legislative document.

Payment of Wage during the work stoppage periods Article 71:

(1) Except for seasonal and daily-paid Employees, if a cessation of production or work occurs as a result of unexpected circumstances, technical or production related problems, or adverse climate conditions, the Wage of the Employees shall be paid as follows:

1- In case of stoppage for two months, full Wage.

2- In case of stoppage for 2-4 months, 50 percent of full Wage.

3- After the lapse of four month, the Administration may transfer the

Employee to [another section in] the same or another Administration.

Should transfer be impossible, the Administration shall introduce the Employee to the Ministry of labor and Social Affairs or to a provincial representative office of the Ministry.

(2) If the transfer of an Employee due to stoppage of work takes place in accordance with Paragraph 1.3 of this Article, the Wage of the Employee shall not be less than 75% of his/her monthly wage prior to stoppage of work. In the case of insolvency confrmed by the court [bankruptcy], the provision of paragraph (1) of this Article shall not apply. If the Administration shall restart operating, the amounts mentioned in Paragraph (1) of this Article shall be paid to [its] Employees.

Suspension with Pay Article 72:

(1) In case of a reduction in the orgnizational structure or the number of employees, or a long term stoppage of work, the Employeess shall be suspended with payment of salary (waiting).

(2) During paid suspensions, State Civil Servants shall receive six months to one year of Wage and Supplements and Contract Employees shall recieve three months to six months of Wage and Supplements, in consideration of their service period.

(3) At the expiration of the period set out in Paragraph (2) of this Article, the Employee shall be on an unpaid suspension (waiting) and shall be introduced to the Ministry of Labor and Social Affairs.

(4) The conditions and other circumstances of paid and unpaid suspension shall be regulated by the relevant legislative document.

Payment of Wage to Employee Article 73:

(1) Wage is paid to the Employee or to the person nominated by him/her in writing.

(2) Payment of Wage shall be made during the same month, and shall not be delayed without cosent of the Employee.

Deductions Article 74:

(1) It shall not be permitted to deduct any amount from the Wage, unless it is provided for in the Law.

(2) No more than 20 per cent deduction can be made from an Employee's monthly Wage, including compensation for damages, unless provided otherwise in the Law.

Fares and Travel Allowances Article 75:

(1) During domestic or foreign missions, secondment, transfer, summoning, or sending an Employee to another location, s/he shall be entitled to recieve the fares and travel allowance, including pocket money and staying expenses.

(2) Conditions and procedures for payment in the cases mentioned Paragraph (1) of this Article shall be regulated by the relevant Legislative document.

Chapter 6 Vocational training, apprenticeship, and skills development of Employees

On-job training Article 76:

(1) In order to ensure the proffessional development, upgrade the experience, and improve the skills of Employees, especially the youth, the Administration shall conduct in-service short term training courses individually or in groups as well as through other methods of training.

(2) The Ministry of Labor and Social Affairs in colloboration with the respective Administrations, shall take necessary measures to etablish and develop various professional and vocational training centers at the capital and in the provinces.

(3) Training centers of the Ministry of Labor and Social Affairs shall cover the areas mentioned hereunder:

1- Training centers for the promotion of vocational and professional skills of Employees;

2- Training centers for teachers and for professional and vocational trainers;

3- Training centers for youth and adults who have been deprived form education and who need to work;

4- Centers for rehabilitation of persons with disabilities.

Conditions for training Article 77:

(1) Where an Administration deems it necessary to have an Employee trainined, it shall pay the costs of the training to training Administrations or centers.

(2) The Ministry of Labor and Social Affairs and other Administrations with on job training centers, shall facilitate holding in-service training programs in their relevant training centers at the capital, provinces and localities.

Duration of job training (apprenticeship) Article 78:

(1) The period of job training shall not exceed two years.

(2) The duration of the training, hours of practical and theoretical training to the trainees, both inside and outside of the workplace shall, with due regard to the profession or occupation, be determined by the relevant Administrations of the Ministry of Labor and Social Affairs.

(3) A trainee who has completed the training period in a given profession or occupation and who has acquired the ability to perform the work independently, shall be employed as a skilled Worker.

Wage during the training period

Article 79:

(1) In-service practical and theoretical training shall be provided during work hours and the same Wages and other privilages as of work hours shall be paid.

(2) Procedures for conducting in-service training, promotion of skills, and upgrading professional level of Employees shall be regulated by the relevant legislative document.

(3) With due regard to the nature of their work, Administrations shall prepare separate Procedures, in accordance with the provisions of Paragraph ( 2 ) of this Article.

Education Opportunities Article 80:

(1) An Administration shall introduce outstanding Employees to the institutes of higher education, to the vocational, and technical secondary establishments in or outside the country in order to study and get further training.

(2) During education or higher education, the Employee mentioned in Paragraph

(1) of this Article, shall be entitled to the Wage and other allowances of his actual post, rank or grade.

(3) All of the period of an Employee’s education in institutes of higher education, technical institutes, secondary technical and vocational schools and training centers shall be counted as part of their service term, provided that he/she obtains a document of successful completion.

(4) An Employee who has been introduced by the Adminsitration for education, higher education or skills development shall be obliged to work with the same Administration after graduation for the duration of time equivalent to his/her study/training time or in accordance with a signed contract. In case the Employee denies to work for the same Administration after completion of studies/training, he/she shall pay the costs of his/her eduction to the

Establishing Training Centers at Industrial organizations Article 81:

(1) Upon the approval of the Ministry of Labor and Social Affairs, industrial, production or service centers or Administrations may establish and equip the relevant training centers to facilitate training for Employees.

(2) Administrations with similar traning programms may establish joint training centers for their Employees, in colloboration with the Ministry of Labor and Social Affairs, for the purpose of raising the vocational skills of and providing training to the Employees.

Legislative documents for tranining centers Article 82:

(1) The rules and procedures for the training centers of government and non-government organizations and the method for supervision by the Ministry of

Labor and Social Affairs on such centers shall be regulated by the relevant legislative doucument.

Characterstics of trainee Article 83:

(1) The following persons are…