Introduction to Afghanistan Labour Lawby: Safeer Ahmad sfrdanish@gmail.com

before we start

• Tax Calculation on wages• if salary is 5000- no tax• if salary is 12500- 150 tax• if salary is above 12500 t0 100,000 tax is

10%• if salary is more than 100,000 tax is 20%

before we start

• Chapters: 14• Articles: 153

Prohibition of forced laborArticle 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.• Any work the performance of which is

required by the law shall not beseemed forced labor.

foreign citizens

Article 6:The provisions of this Law shall apply to foreign

citizens who obtained or will obtain work permits in the Islamic Republic of Afghanistan and are employed in State, mixed or private Administrations.

The government of Afghanistan may, on a reciprocal basis, impose certainrestrictions on the nationals of those countries the laws of which limitemployment 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:Employees in the Islamic Republic of Afghanistan

shall have the right toe qual work for equal Wage

allowance giftsfood

Terms of Employment

Article 13:A person who may be employed as an employee

shall:• 18 years• 15-18 light industries• health certificate• graduation document

Employment Contract

Article 14:• written agreement• definite period 1 year extendable

Conditions for an Employment contract

Article 15:• Legitimacy• subject matter• type of work• Wage, rights and privileges• Timing and hours• Leave• Workplace• date and terms

Preparation of Employment contract

Article 16:• three copies• under age of 18, their legal representative

Probationary Period

Article 17:• can not exceed three months

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.

Contract Suspension

Article 21:Reasons• 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.

Termination of the Contract

Article 23:• Agreement by the parties:• Completion of term in a fixed term contract• Retirement• Death• Disability• Stoping of work more than 6 months• Dissolution of the Administration or reduction in the number

of the staff.• Repeated breach of work• An un-satisfactory probationary period

Hours of Work

Article 30:• not exceed 40 hours per week• between 15-18, 35 hours per week• underground worker 30 hrs per week• pregnant women- 35 hrs per week

Wages for Night Work

Article 33:• For night work, all administration and service Employees

shall be paid (15) per cent and production Employees (25) percent more than their normal Wage.

Breaks and Paid Leave

Article 39:• Breaks during work for performance of prayers and meals

1hr• Public holidays (national and religious);• Annual leave (recreational 20, sick 20 and urgent 10 leave.)• maternity 90 days• Hajj or pilgrimage 45

Thanks and now some information about Afghanistan