An introduction to Afghanistan Labour Law

1. Introduction to Afghanistan Labour Law
by: Safeer Ahmad sfrdanish@gmail.com

2. 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%

3. before we start
• Chapters: 14
• Articles: 153

4. Prohibition of forced labor
Article 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.

5. 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 certain
restrictions on the nationals of those countries the laws of which limit
employment rights for nationals of the Islamic Republic of Afghanistan.

6. 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.

7. 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
gifts
food

8. 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

9. Employment Contract
Article 14:
• written agreement
• definite period 1 year extendable

10. 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

11. Preparation of Employment contract
Article 16:
• three copies
• under age of 18, their legal representative

12. Probationary Period
Article 17:
• can not exceed three months

13. 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.

14. 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.

15. 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

16. 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

17. 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.

18. 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

19. Thanks and now some information
about Afghanistan