In Turkmenistan, the Labor Code outlines the legal requirements for notice periods during employment termination.

Minimum Notice Period

The law requires a minimum notice period of two weeks (14 days) for either the employer or employee to terminate an indefinite employment contract.

Maximum Notice Period

The law allows for a maximum notice period of two months depending on the specific circumstances of the termination.

Notice Period Determination

The specific notice period within the two-week to two-month range is typically determined by:

• Reason for Termination: The Labour Code may dictate a specific notice period for certain termination reasons (e.g., redundancy).
• Employment Contract: The employment contract can specify a notice period within the legal limits (i.e., between two weeks and two months).

While the minimum notice period is two weeks, the actual notice period can vary depending on the reason for termination and the terms outlined in the employment contract.

In Turkmenistan, the Labor Code governs severance pay.

Circumstances for Entitlement

Severance pay is provided to employees when their employment contract is terminated under the following circumstances:

• Employer-Initiated Termination: Termination at the employer's initiative due to reasons specified in Articles 42 and 47 of the Labor Code.
• Circumstances Beyond Control: Termination due to circumstances outside the control of either party, as specified in Articles 42 and 47 of the Labor Code.
• Employee Refusal for Valid Reasons: Employee refusal to continue employment due to valid reasons such as a change in working conditions or relocation of the organization.

Calculation of Severance Pay

The standard severance amount in Turkmenistan is equivalent to two weeks' average salary.

Exceptions and Limitations

• Probationary Periods: Severance might not be applicable during employee probationary periods.
• Fixed-Term Contracts: Severance terms may differ for fixed-term contracts.

Additional Provisions

The Labor Code may specify additional severance provisions under specific termination circumstances. Employers generally cannot withhold severance pay except in cases outlined in Article 137 of the Labor Code.

In Turkmenistan, the termination process for employees is governed by the Labor Code. This process can be initiated on various grounds, including mutual agreement between the parties, expiration of a fixed-term contract, employee initiative, employer initiative, and circumstances beyond control.

Termination Grounds

The Labor Code of Turkmenistan outlines the valid grounds for employment termination. These include:

• Agreement of the Parties: Termination by mutual agreement.
• Expiration of Term: End of a fixed-term contract.
• Employee Initiative: Employee resigns at their own will.
• Employer Initiative: Termination initiated by the employer due to reasons such as:
  • Liquidation of the enterprise
  • Reduction of staff
  • Employee's non-compliance with the position due to insufficient qualifications.
  • Repeated failure to fulfill labor duties without valid reasons.
• Circumstances Beyond Control: Forces outside the control of either party.

Notice of Termination

The employer must provide written notice of termination to the employee. The notice should clearly state the reason for termination. The employee should acknowledge receipt of the termination notice.

Final Documentation

Upon termination, the employer must update the employee's work book with the termination details and return it to the employee. Any outstanding documentation, such as certificates or references, should be provided.

Additional Considerations

If a trade union is present, the employer might need to consult with them before termination. Also, terminations cannot be based on discriminatory grounds as protected by Turkmenistan's labor laws.