Mert Hukuk Hyzmatlary
Mert Hukuk law firm logo

Insights

Home Insights Rules of Labor Law Relations

Mert hukuk & Rules of Labor Law Relations

Rules of Labor Law Relations

Chapter XVI of the Labor Code of Turkmenistan consists of two sections defining the procedures for resolving labor disputes.

The first section sets out the rules for individual labor disputes, while the second section defines the rules for collective labor disputes.

According to Article 381 of the Code, individual labor disputes are considered directly by the courts upon the applications of:

  1. An employee — concerning:
  2. Reinstatement at work, regardless of the reason for termination of the employment contract;
  3. Changing the termination date or the grounds for dismissal;
  4. Payment for periods of forced absence from work or for periods when lower-paid work was performed;
  5. Compensation by the employer for damage (harm) caused to the employee’s health or property during the performance of work duties;
  6. Refusal of employment or unlawful rejection of hiring.
  7. An employer — concerning:
  8. Recovery of material damage caused by the employee to the employer.

If a trade union organization or a labor dispute commission has not been established at the employee’s workplace, labor disputes are also considered directly by the courts.

The time limits for submitting labor disputes are defined in Article 382 of the Code. The following deadlines apply for submitting cases to the court or a labor dispute commission:

  1. For disputes concerning reinstatement at work — within one month from the date the employee receives a copy of the dismissal order;
  2. For disputes concerning recovery of material damage caused by the employee — within one year from the date the employer discovers the damage;
  3. For all other labor disputes — within three months from the date the employee knew or should have known about the violation of their rights.

If these deadlines are missed for valid reasons, they may be restored by the court or the labor dispute commission upon the application of the employee or their authorized representative.

No limitation period is set for claims concerning compensation for harm caused to the life or health of an employee.

Decisions made by a labor dispute body concerning the reinstatement of an unlawfully dismissed employee or an employee transferred to a lower-paid position must be executed immediately.

According to Article 389 of the Labor Code, employees who file claims in court arising from labor relations are exempted from paying court costs.

We wish long life, good health, and continued success to our Hero Arkadag and Hero Serdar, who create favorable conditions for the well-being and prosperous life of our people!