LABOR LAW OF THE Islamic Republic of Afghanistan 1

Chapter# 1 General Orders Basis: Article 1: This law has been enacted in accordance with the article forty eight of Afghanistan Constitution to regulate and explain the affairs related to responsibilities, rights, allowances and social welfare of employees. 2

Article 2: Objective This law has the following objectives: 1. Determine, organize and strength working relations of employees 2. Ensure equal job opportunity and support employees rights 3. Improve the wok organization and output, develop work efficiency, rational usage of human resource and work source, strength work and products discipline, generalize improved payroll systems and social welfare to enhance the level of material, social and cultural life of employees 3

Conti… 4. Determine responsibilities and rights of employees and responsible of work and product management, ensure protection and technical safety of work conditions; enhance and develop skills and capacities continuously in order to grow and strength the national economy 5. Generalize legislation and apply the legislation related to labor equally in all aspects of work and products 6. Provide facilities in delivery of job opportunity services 4

Article 3: Terminologies These terms has the following meaning in this law: (1) Administration: Is the ministries, government and non- government agencies, independent commissions, enterprises, private and joint sectors, and foreign organizations in the Islamic Republic of Afghanistan that the employees perform productive and service work. (2) Worker: Consist of employee and contractual worker (employee, worker and service worker), including male and female. (3) Employee: Is the person that is recruited permanently in accordance with the orders of this law and relevant law by the civil service management. 5

Conti… ( 4) Worker: Is the person that is recruited based on a definite contract. (5) Service Worker: Is the person that is recruited based on a definite contract to perform services assisting in work. (6) Contractual Employee: Including worker, service worker and contractual employee that is recruited based on contract for a definite period of time to perform a specific work. 6

Conti… (7) Employer: Is an authoritative person that the employee is recruited based on his/her agreement or approval and the employee’s salary and other allowances are paid by the employer or his/her approval. (8) Salary: Is an amount paid to the employee for his/her performances. (9) Allowances: Are the financial privileges that are paid regularly to the employee for performing a specific work based on the orders of relevant legislation. 7

Conti… (10) Social Welfares: Is an amount assisted to the employee during work or after retirement by contribution of employee and administration or fully by the administration for the employee's livelihood. (11) Attendance Record: Is a document that determines the employees’ presence in the office during official time and the personnel affairs department is responsible to prepare, arrange and keep it. The employees’ attendance is supervised by the relevant head that evaluate and certify the registration of the employee. 8

Article 4: Prohibition of Compulsory Work Compulsory work is prohibited. The work is compulsory when the worker works by threatening or in a way opposite to his/her will. 9

Article 5: Organizing Work Relations This law organizes the general relations of all sections of employees including internal and external sections with the administration. The sections of employees include: I. Employees of ministries and government agencies, joint and private sectors, Independent Commissions, local and foreign non-governmental organizations in Afghanistan II. Administrative employees of election agencies (The National Assembly, the Province, District and Village Councils,), military departments, police and national security 10

Conti… (2) The specific work relations of employees sections included in paragraph (1) of this article is regulated by a separate legislation that is not opposite to the orders of this law considering the structure and legal nature of administration ( government, joint, private, non- government, and foreign organizations in Afghanistan). (3) There is not an order on the work relations of employees determined in this law and the relevant legislation; it would be prepared by the Ministry of Work and Social Affairs unless it is not against the law and principles of justice. 11

Conti… (4) Selection, appointments, determining grade and degree procedures, conditions of promotions and enhancing the degrees of employees included in paragraph (1) of this article and officials of approving appointment transformation, dismissal, promotion and enhancing degree, pension, extension of appointment, resignation, paid and non-paid leaves that is not anticipated in law, would be organized by separate legislation. 12

Article 7: Application of Law Employees working in the diplomatic agencies and other government organization of Afghanistan in abroad, or working in international and foreign organizations in Afghanistan have to obey the orders of this law. 13

Article 8: The Right to Work for Wage (1) The employees in the Islamic Republic of Afghanistan have the equal right to equal work. The right to work for wage and defense of work right will be regulated in separate legislation. (2) The employees are entitled to receive salaries and allowances on the basis of the quality and quantity of work considering post, grade and definite degree. 14

Article 9: Non-discrimination in Appointment (1) In Appointment for payment of salary and allowances, occupation, specialty, education right and social welfare any kind of discrimination is prohibited. (2) The women in work field are entitled to the definite allowances of pregnancy, maternity and other affairs that is determined in this law and other legislation. 15

Article 10: The Right of Paid Leaves The employees, in accordance to the legislation are entitled to the right of paid rest and leaves anticipated in this law. 16

Article 11: Usage of other Rights The employees has the right of ensuring health and safety conditions in work and products, professional training, development of skills, enhancing professional knowledge level in economic and social areas. 17

Article 12: Observing International Treaties The treaties, decisions and recommendations of the Labor International Organization that the Islamic Republic of Afghanistan has joint or will join and other treaties and standards of international organizations related to labor and administration are observed and implemented considering the specific situation of the country. 18