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P 131254Z MAY 09
FM AMEMBASSY ASHGABAT
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UNCLAS SECTION 01 OF 02 ASHGABAT 000611 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR SCA/CEN 
 
E.O. 12958: N/A 
TAGS: ELAB TX
SUBJECT: TURKMENISTAN ADOPTS A NEW LABOR CODE 
 
¶1.  (U) SUMMARY:  President Berdimuhamedow signed a new Labor Code 
to bring provisions of Turkmenistan's labor legislation into 
compliance with international norms and practices of the 
International Labor Organization, which Turkmenistan joined in 1993. 
 The new Labor Code provides legal norms for employers and 
employees, and offers a mechanism for their enforcement.  It will 
come into force on July 1.  END SUMMARY. 
 
NEW FEATURES OF THE LABOR CODE 
 
¶2.  (U) The objectives of the law, as stated in Article 1, are "to 
establish state guarantees to protect the labor rights of Turkmen 
citizens, create favorable labor conditions, and protect the rights 
and interests of both employees and employers."  The new labor code 
guarantees job security, protects workers' rights, extends the 
duration of annual leave, regulates employment by companies and 
religious organizations, and codifies prescribed time off when 
official holidays fall on Sunday. 
 
RESTRICTION OF SHORT-TERM CONTRACTS TO GUARANTEE JOB SECURITY 
 
¶3.  (U) The law will limit the use of short-term contracts in the 
public sector to certain categories of civil servants, while all 
others have to be offered permanent posts.  If a state body 
responsible for overseeing the enforcement of the labor code finds 
out that a short-term contract was concluded without any legal 
justification for short-term employment, then the employment term 
automatically becomes permanent. 
 
PROTECTION OF WORKER'S RIGHTS 
 
¶4.  (SBU) The law promotes the role of trade unions in protecting 
employees' rights.  The Labor Code requires that an employer sign a 
"collective agreement" with its employees, in which an employer and 
employees agree on their rights and responsibilities.  The agreement 
allows trade unions to protect employees' rights if an employer does 
not observe employees' rights stipulated in the agreement.  The new 
labor law promotes the role of trade unions in protecting an 
employee's rights:  an approval of a trade union is mandatory for a 
dismissal.  (COMMENT:  Prior to this, we assumed that Turkmenistan's 
trade unions - such as they are - were dormant entities that played 
no real role.  END COMMENT.) 
 
EXTRA PAID LEAVES FOR CERTAIN CATEGORIES OF WORKERS 
 
¶5.  (U) Under the new Labor Code annual leave will increase from 24 
days to 30 days.  Teachers will be entitled to 45 days annual leave. 
 Scientists with a doctoral degree holding posts in research 
institutions also will be entitled to the same duration of the 
annual leave.  Doctoral candidates will be entitled to 36 calendar 
days of the annual leave.  Scientists will be provided three-month 
paid leave for completion of a master's dissertation, and six-month 
paid leave for completion of doctoral dissertation.  A ten-day 
additional paid leave will be provided for newlyweds and their 
parents for preparation of weddings, and to close relatives of the 
deceased to carry out funeral rites and commemoration ceremonies. 
Turkmen citizens who turn 62 will be entitled to an additional three 
days of paid leave. 
 
EMPLOYMENT BY COMPANIES AND RELIGIOUS ORGANIZATIONS 
 
¶6.  (U) The law requires that an employer register an employee's 
contract at the local tax office and pay social insurance for the 
employee according to the laws of Turkmenistan.  An employment 
contract can be signed between a religious organization registered 
in Turkmenistan and an individual 18 years of age or older.  The 
Labor Code specified that the work week should be a maximum of 40 
hours, and paid annual leave should not be less than 30 calendar 
days. 
 
NEW PROVISION FOR HOLIDAY DAY-OFFS 
 
ASHGABAT 00000611  002 OF 002 
 
 
 
¶7.  (U) The new labor code prescribes that if an official holiday 
falls on Sunday, then Monday is a non-working day. 
 
 
¶8.  (SBU) COMMENT:  Local residents welcomed the new labor 
legislation to limit the widespread practice of hiring employees on 
short-term contracts that leave them vulnerable to summary 
dismissal.  The law should provide job security for many who have 
gone for years with no permanent contract.  END COMMENT. 
 
 
MILES