• The mountains of Afghanistan.mountain of the Afghanistan 2 image by VALENTINO80 from Fotolia.com
  
  In 2004, a team of United States attorneys drafted a Labor Code for the Islamic Republic of Afghanistan. When the team began, no law existed to protect the rights of workers and there were no laws against discrimination or child labor. The team looked at labor laws in Cambodia, Vietnam, Jordan and Egypt to draft a Labor Code for the provisional government in Afghanistan. The team questions whether the law can be adequately enforced, however, because of high illiteracy and lack of attorneys in Afghanistan (see References 1).
  
  

Employment Eligibility

• Any Afghan citizen over the age of 18 who has documentation of secondary education or vocational training is eligible for employment. Youth from the ages of 15 to 18 years-of-age are eligible for light work. Employers must provide employees with a contract for a minimum of one year, which must include the duties of the position. Employers are forbidden from assigning an employee duties outside those specified in his contract. Employers may not discriminate based on age or gender (see References 2, pp. 4-6; 30-32).
  
  

Hours and Wages

• Employees work 40 hours per week. Overtime is permitted if necessary, but must be no greater than the hours that employee has already worked that day. Night workers cannot work overtime. A night shift must be at least one hour shorter than the day shift. Administrative and service employees working at night are entitled to 15 percent more pay than day-shift workers; night-shift production employees are entitled to a 25 percent premium. There is no specific minimum wage requirement in the Labor Code (see References 2, pp. 9-11).
  
  

Rest and Leave

• Employees are entitled to breaks totaling one hour per day for prayer and eating. All leave required by the Code is paid leave, including 20 days of recreation leave per year (30 days for employees working in dangerous or underground conditions). Employees are entitled to leave for all public holidays, although they may work public holidays if necessary. Employees are entitled to 20 days per year of sick leave and essential leave of 10 days per year in case of marriage, birth or death. Additionally, each employee may have a one-time leave of 45 days for the Hajj pilgrimage (see References 2, p. 3, pp. 12-15).
  
  

Health and Safety

• Employers are required to maintain the work place safety and hygiene standards compiled in other Afghan legislation. Employers are also charged with providing continuous training to employees on work place safety. Employees are subject to a medical examination before beginning arduous or strenuous work and employers must provide medical service free of charge to employees injured on the job. Employers are also required to accommodate any worker's disability and refrain from discrimination because of a disability that could be accommodated (see References 2, pp. 27-31).
  
  

Women and Youth

• The Afghanistan Labor Code provides special accommodations for women and youth. Youth between the ages of 15-18 may only work 35 hours per week and are entitled to 25 days of recreation leave. Pregnant women also may only work 35 hours per week. Youth and pregnant women are not permitted to work night shifts or overtime or to travel on official business for work. Women with children under the age of two cannot be required to work overtime or travel for work without their prior consent. Employers must provide day care and allow breast-feeding mothers an additional 30-minute break. Women are entitled to a minimum of 90 days of paid maternity leave (see References 2, p. 13, pp. 30-31).