Starting a new business in a new market is an exciting time, but one of the first priorities is getting the correct team in place. Probationary periods are a chance to test out new hires to ensure they have the necessary skills and align with a firm’s culture. It’s an opportunity for employers and employees to trial the relationship before making any long-term commitments.

Understanding the laws in any market is crucial, and Turkmenistan is no exception. In this guide, we’ll cover how probation works in the land of the Turkmen and the regulations firms must adhere to when using trial periods.

Definition of a Probation Period in Turkmenistan

Turkmenistan permits business owners to use probationary periods to assess new hires. In the country, it’s known as “synag döwri”, and it’s a trial phase before a permanent employment contract begins. It’s recognized as a chance for employers to assess a prospective hire and employees to determine whether they want to continue the relationship.

Probationary regulations are defined under Türkmenistanyň Zähmet Kodeksi, or the Turkmenistan Labor Code. It outlines the right to work and the opportunity for all citizens to contribute to the continuing economic development of the country. It’s understood that most probationary periods top out at three months, with some senior positions allowing for six months.

Unlike other nations, probationary periods are not seen as an opportunity for streamlined dismissal. Terminating an employee, even on probation, is extremely difficult in Turkmenistan, due to citizens having the legal right to work.

Lengths of Probationary Periods in Turkmenistan

Probation periods in Turkmenistan are set at three months for most general roles. Highly skilled roles, such as management and executive positions, come with a maximum of six months’ probation.

All probation periods must be outlined in writing. Without a probationary period indicated in an employee’s employment contract, the hire is considered to be permanent from day one.

Permanent or Indefinite Contracts

Indefinite contracts are the most common type of employment contract in the country. It’s these contracts where probationary periods are likeliest to apply. Even if a worker is on probation, they’re still entitled to the same rights and protections as permanent employees. The only difference is that the notice period is as little as three calendar days. 

Employers who are satisfied with their probationary employees don’t have to take any further action. The default position under the Turkmenistan Labor Code is that if an employee isn’t dismissed before the end of their probation period, they have passed and are considered to be permanent employees.

Fixed-Term or Definite Contracts

Fixed-term contracts can also include formal trial periods, just like indefinite contracts. Although fixed-term contracts are relatively uncommon in Turkmenistan, they may be used for temporary replacements, seasonal work, or project-based positions.

In this case, the same probationary period applies, but if the contract is under six months, the probation period can’t exceed half of the contract length.

Legal Considerations of Probation Periods in Turkmenistan

Probationary agreements are enshrined under Article 28 of the Labor Code of Turkmenistan. It outlines how they work, maximum lengths, and the pay and conditions workers are entitled to under the law. Naturally, both sides are expected to act in good faith and seek to make the probationary period successful.

Pay and Working Conditions

Probationary employees on indefinite and definite-term contracts cannot be paid less than other workers who aren’t on probation. Additionally, they receive the same rights and conditions under Turkmenistan’s legal system.

Officially, the minimum wage of the country is 1,410 Turkmenistani Manat (TMT) per month, which is worth about $410 USD. However, this is based on the official exchange rate. Due to limited information and the lack of free press in the country, The Times Of Central Asia estimates that the average value of the minimum wage, based on black market exchange rates, could actually be as low as $74.20 USD.

The standard working week is typically 40 hours spread over five days, but some workers may see it spread over six. If overtime is required, it’s expected that employees are paid at 150% of their usual hourly salary, with some sources stating it could be 200%, or even more. Interestingly, employees also have the right to ask for additional time off in lieu of overtime pay.

Employers are required to contribute 20% of an employee’s gross salary to cover retirement, disability, and survivor’s benefits. Employees can contribute 2% of their salary, too, to the Ministry of Labor and Social Protection of the Population of Turkmenistan, but it’s not mandatory.

Termination and Notice

Employers and employees must provide at least three calendar days of notice to terminate the relationship. Any employer who does so must provide their reasons for termination in writing. These reasons must supply sufficient justification and cannot be for general reasons.

Additionally, employees are entitled to appeal this decision through the Labor Dispute Commission if they believe they were dismissed unfairly. Generally, employees aren’t entitled to severance pay if dismissed during probation, but they will be entitled to compensation if a court finds they were terminated without sufficient justification.

Vacation / Holidays

Turkmenistan lists 13 national public holidays, which include Neutrality Day, Earthquake Remembrance Day, and Kurban Bayram. Generally, all employees are entitled to a paid day off on public holidays.

It’s permitted for workers to attend work, if necessary, but they must be paid at their overtime rate and they’re entitled to an extra day off. Employees cannot choose one option, as the law allows them to receive both.

Employees are entitled to 21 calendar days of paid annual leave per year after finishing one year of service with the same employer. Probationary employees begin accruing days from the start of their probation period.

Benefits of Probation Periods in Turkmenistan

Probationary periods are an opportunity for employers and workers alike to assess the relationship and decide whether they want to continue. Turkmenistan’s labor code helps to facilitate this feeling-out period.

  • For Employees

Employees receive a legal trial period of three months or six months, depending on the position, which allows them to evaluate the role.

Employees are entitled to end the relationship with just three calendar days’ notice.

Employees receive full rights to the minimum wage, benefits, working conditions, and leave entitlements.

  • For Employers

Employers receive an extended probation period to assess the skills and cultural fit of their new hires.

Employers are entitled to terminate employees with clear justification, with just a three-day notice period.

Employers know where they stand regarding the rules and regulations of the Turkmenistan Labor Code, which also outlines their rights if a dispute occurs.

Conclusion

Turkmenistan is an energy industry powerhouse, and that’s made it a popular location for workers in this niche. Although it is largely closed off from the rest of the world, businesses that can gain access to this market can benefit from low-cost labor, an established legal framework, and relatively little competition.

The country’s rules are strict, and that’s why it’s essential to have an experienced local operator by your side. At RemotePeople, we give you that strategic advantage, supporting your hiring drive with onboarding and compliance to equip your team with the expertise it needs. Get in touch with one of our Turkmenistan hiring consultants now to learn more.

Frequently Asked Questions

Employers aren’t required to include a probation period as part of their hiring process. If they do decide to incorporate one into their recruitment strategy, it must be outlined in the initial employment contract. Failure to do so means an employee is considered permanent from their first day.

Turkmenistan’s law states that for most general roles, the maximum trial period is three months. Managerial, highly skilled, and executive roles may see trial phases of up to six months. If employees aren’t terminated before the end of their probation period, they’re automatically considered permanent.

 

Any attempt to add an extended probation period or to repeat the probationary period is illegal and is considered invalid under the law.

No, employers cannot terminate probationary workers at will. They must provide a three-day notice period and outline specific reasons why a worker has been dismissed. Trial employees cannot be dismissed for general reasons.

 

If a worker believes they have been dismissed unfairly, they can take legal action against the business.

All workers are entitled to the same pay and conditions as permanent staff. Additionally, probationary periods begin accruing vacation time from the moment they start their trial, rather than at the end.


Examples of benefits probationary workers are entitled to include minimum wage, rest periods, social security contributions, and legal protections.