Russian and Uzbek

UTC+05

Undoubtedly, payroll is a critical aspect of any organization. The Pay cycle is a notable feature that provides a sense of accountability for an employee to be paid consistently for their work.

In Turkmenistan, the payroll cycle for employees can be Bi-Weekly, Twice-Monthly, or monthly.

No, Turkmenistan does not have a statutory requirement for employers to provide a 13th, 14th, or 15th month of pay as a standard benefit for employees.

The minimum wage in Turkmenistan is 1,280 Turkmenistani Manat (TMT) per month.

Overtime work is considered to be work performed by an employee at the initiative of the employer in excess of the established duration of working hours, daily work (shift).

Overtime Limits:

• Daily: An employee cannot work more than 4 hours of overtime per day for two consecutive days.
• Yearly: The total amount of overtime work an employee can perform in a year cannot exceed 120 hours.

Overtime Pay: Overtime work must not be paid less than twice the standard hourly wage.

In Turkmenistan, no specific data retention period is mentioned.

In Turkmenistan, there are no specific hiring preferences or discrimination laws based on race, nationality, gender, or religion. The law prohibits discrimination in employment and occupation based on these factors.

However, there are some gender-related issues in the labor market, such as the underrepresentation of women in highly-paid jobs and gender stereotypes in choosing professions.

The country has ratified international human rights treaties and has committed to preventing, banning, and eradicating any attempts at discriminating women.

Mandatory Documents:

• Passport (if foreign national) or National Identity Card (if Turkmen citizen)
• Work Permit and Visa (if required for foreign workers)
• Educational Diplomas and Certificates (copies)
• Military Service Documents (if applicable for male citizens)
• Medical Certificate (sometimes required)

Additional Documents (Possible):

• Employment references
• Proof of address
• Tax Identification Number (if applicable)

• Standard Duration: 3 months for most employees.
• Extended Period: 6 months for managers, heads of enterprises, chief accountants, and branch heads.
• Agreement-Based: Established during hiring through an agreement between employer and employee.

The statutory public holidays in Turkmenistan for the year 2024 are as follows:

• 1 January: New Year's Day
• 8 March: International Women's Day
• 21 March: Novruz Holiday
• 22 March: Novruz Holiday
• 10 April: Eid al-Fitr
• 18 May: Constitution and Magtymguly Day
• 17 June: Eid al-Adha
• 27 September: Independence Day
• 6 October: Earthquake Remembrance Day
• 12 December: Neutrality Day

Regular employees are entitled to thirty calendar days of annual basic leave per year.

Teaching staff, educational institution managers, and persons with disabilities are entitled to forty-five calendar days of annual basic leave.

Scientists holding positions in scientific organizations with a doctorate degree are entitled to forty-five calendar days of annual basic leave, while those with a candidate of sciences degree are entitled to thirty-six calendar days.

Women are entitled to unpaid leave to care for their child until the child reaches the age of three, regardless of their length of employment, following the end of their pregnancy and childbirth leave.

Childcare leave may be granted to the individual responsible for caring for the child, including the child's father, legal guardian, or other authorized guardians, as outlined by Turkmenistan's legislation. The specific procedure for granting childcare leave to these individuals is determined by the Cabinet of Ministers of Turkmenistan.

The employee's position is maintained during childcare leave.

Childcare leave can be taken in full or in parts. Individuals on childcare leave have the option to return to work before the end of the leave period by providing two weeks' notice to their employer. In such cases, annual leave is granted based on the actual time worked.

State childcare allowances are provided and distributed to individuals on childcare leave in accordance with Turkmenistan's laws.

The process for granting maternity leave and the disbursement of state allowances is managed by a designated agency as outlined in Clause 1 of Article 404 of this Code, in collaboration with the Ministry of Health and Medical Industry of Turkmenistan, the Ministry of Finance and Economy of Turkmenistan, and the National Center of Trade Unions of Turkmenistan.

Individuals who effectively balance their production or teaching responsibilities with scientific pursuits may be granted creative leave based on recommendations from the appropriate scientific council. During this leave, their average salary and position at their primary workplace are maintained.

Creative leave spans three months for completing candidacy work and writing educational materials and six months for completing doctoral work.

Payment for creative leave is managed by the employer through the labor compensation fund and funds designated for the training of scientific personnel.

Standard: Employees typically need to provide two weeks' written notice to the employer if they wish to resign.

Fixed-Term Contracts:

• Termination During Contract: If a fixed-term contract is terminated before the expiry date (by either party), at least two weeks' written notice is generally required.

Important Considerations:

• Agreement-Based: The notice period can be altered through a mutual agreement between the employer and employee.

Severance pay is given when an employment contract ends:

• If the employer terminates the contract as outlined in certain clauses.
• In cases not determined by the parties' agreement as specified in Article 47
• When an employee refuses work for certain reasons as outlined in Article 39.
• Based on specific conditions outlined in Article 22.

Severance pay amounts to an average of two weeks' wages and is provided in various circumstances, such as:

• Military service obligations.
• Reinstatement of a previous job.
• Health-related work limitations.
• Refusal to relocate.
• Refusal due to changes in contract terms.
• Medical recognition of inability to work.
• When the employer terminates contracts due to enterprise closure or reduction:

Severance pay equals the average salary.

The average salary is retained for up to two months, factoring in severance pay.

If unemployed after applying to the employment agency, the average salary is retained for an additional month.

Severance pay and retained average wages are paid by the employer at the former workplace.

Payment of Wages upon Termination:

When the employer ends the contract, the salary owed is paid:

• To employees working until termination on the day of termination.
• To employees not working until termination on the day they submit their settlement request.

When the employee ends the contract, the salary owed is paid:

• To employees obligated to notify the employer by the agreed-upon date.
• To employees not obligated to notify the employer on the day of termination.

In cases of disputes over owed amounts, the employer must pay the undisputed portion within specified timeframes.

• Migration website.
• Proof of identity: Such as a driver’s license.
• A passport: Valid for at least six months beyond the date on the applicant’s letter of invitation.
• A copy of the first page of the passport: Must be signed by the applicant.
• A recent passport photograph.
• A letter of invitation from a business registered in Turkmenistan: This letter must be certified by the State Migration Service of Turkmenistan and is valid for three months after the date of certification.
• Proof of payment of the visa registration fee.
• Documents proving the inviting company’s main operation.
• Documents proving the company’s ability to sponsor you: This could include a statement of financial account.
• Copy of your work contract.
• Your health certificate.
• List of names of all employees in the company.
• Proof of your qualifications, translated and sealed.

Application Process:

1. Contact the Embassy or Consulate: Foreign nationals should start the application process by getting in touch with the embassy, consulate, or diplomatic mission in their country of residence. Consular officials can provide a complete list of required documents.
2. Obtain a Certified Letter of Invitation: The letter of invitation from the applicant’s employer in Turkmenistan must be certified by the State Migration Service of Turkmenistan.
3. Submit Documents and Pay Fee: After gathering all necessary documents, the applicant should visit their nearest embassy to submit them and pay the visa fee in person. It's important to remain in the country of residence while waiting for visa approval.
4. Processing Times: Processing times may vary, so it's advisable to start the visa application process well in advance of the intended departure date to avoid being detained upon arrival in Turkmenistan.

In Turkmenistan, conducting legal employment background checks involves adhering to specific guidelines and regulations to ensure compliance with local laws and data privacy standards. Here's a summary of the key points regarding legal employment background checks in Turkmenistan:

Permissible Checks:

Identity Checks: Pre-employment background screening checks that involve checking an individual's identity are generally permissible in Turkmenistan. This means employers can verify the identity of job applicants as part of their background checks.

Consent and Privacy:

Consent: Employers must obtain the necessary consent from the individual before conducting any background checks. This is crucial for ensuring compliance with data privacy and protection laws.

Legal Requirements: Employers should follow local laws and regulations regarding data privacy and protection when conducting background checks. This includes understanding and adhering to any specific requirements or restrictions that may apply to background checks in Turkmenistan.

Employment Laws and Regulations:

Employment Laws: The employment landscape in Turkmenistan has evolved over time, with the development of labor laws aimed at creating appropriate social and legal circumstances for the execution of constitutional citizens' right to work. These laws also provide legal recourse to labor relations and other issues. Understanding these laws is essential for conducting background checks and ensuring compliance with employment regulations.