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State Contract-Employees Law - 1971 - Official Gazette No. 178, published 1971/03/10 (1349/12/19 A.P.)

STATE CONTRACT-EMPLOYERS LAW

19 Hoot 1349

ARTICLE 1: An XXXX (Contract-Employee) is a person who fulfills a certain technical or non-technical job in grades other than those covered under the State Civil Service System, on the basis of a contract.

ARTICLE 2: Employment of workers in Government institutions, employment of military contract-employees and likewise employment of foreign nationals shall be governed under special laws and regulations therefore.

ARTICLE 3: The duration of service will be determined in the employment contract between the ajeer and the administration.

ARTICLE 4: The ajeer shall have the following qualifications:

1. He should be an Afghan citizen.
   
2. He should not be under eighteen years of age.
   

Employment contract with persons between (15) up to (18) can be concluded by the permission of their legal representatives.

• o He shall have obtained a health certificate from the authorized section of the Ministry of Public Health.
  

ARTICLE 5: The rights and duties of the parties shall be determined in the contract and are effective from the date of signature.

The contact should include in addition to the employee’s identification, his previous service in the administration, XXXX (State enterprises) and institutions shall be entered for the past ten years.

The employee shall be bound to enter in the related form information concerning his personal history.

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ARTICLE 6: Conclusion and cancellation of contract and determination of the employee’s grade in accordance with the law and the regulation are within the authority of the administration.

ARTICLE 7: Amount of salary for the various grades are fixed in the following table

Employee’s salary equals (=) grade index multiplied (x) by a coefficient.

SALARY TABLE

Grades 1 2 3 4 5 6 7 8 9

Salary- 405 345 285 255 195 165 135 105 87
Index

Grades 10 11 12 13 14 15 16 17

Salary- 78 69 66 63 60 57 54 51
Index

ARTICLE 8: The coefficient provided in Article (7) of this law is ten. However, subject to financial possibilities, type and importance of occupations (or jobs), the Government may modify the coefficient by way of adapting regulations for certain or all grades.

AMENDMENT: “The coefficient of the XXXX of the contract-employees provided in Article (8) of the State Contract-Employees XXXX shall be amended as follows:

Grades 17 16 15 14 13 12

Coeffici- 13.53 12.78 12.10 11.50 10.95 10.45

The product obtained from multiplying the above coefficient by the indexes of salary of the Ajeeran according to Article (7) of the State Contract-Employees Law shall be paid to the employees recruited in the corresponding grades.

For purposes of calculation, a figure involving fifty plus more or less shall be accepted as a complete figure. 29 Hoot 1351.”

ARTICLE 9: Having established the employee’s ability on the basis of XXXX standards, his salary scale (grade) shall be determined with the consent of the employing office in accordance with the provision of Article (7) of this law.

ARTICLE 10: Salary increases of ajeer employees shall be by regulation.

ARTICLE 11: In the event of extended illness disabling an ajeer from performing his job, he shall receive three months leave with full payment. If the said illness still persists, the contract shall be repealed and the employee shall retire in accordance with the provision of Article (17) of this law.

ARTICLE 12: Working hours of ajerian shall correspond to the civil servants working hours unless another schedule has been agreed upon in the contract.

ARTICLE 13: An ajeer in charge of financial affairs shall in accordance with regulations provide a guarantee.

ARTICLE 14: An ajeer shall be entitled to twenty days vacation leave as well as twenty days sick leave with full payment of each year of service.

ARTICLE 15: Three percent of the contract-employees salary shall be transferred to the pension fund as his share.

ARTICLE 16: In the event an employee is required to do overtime work for the performance of certain duties, he shall be entitled to additional salary for his extra work at the same rate used for payment to civil servants.

ARTICLE 17: When the length of service of an ajeer is ten years or more, he shall receive one month’s salary for every year of service as a retirement pension.

Should the ajeer retire before the completion of ten years’ service, the sum of money deducted from his salary shall be repaid.

The retirement pension of an ajeer passes to his dependents on his death.

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ARTICLE 18: If an ajeer become disabled as a result of an accident arising from his work to the extent he is incapable of performing any other job, his last salary shall be paid to his for the rest of his life. This salary shall increase proportionally with the general salary of the state ajeran.

ARTICLE 19: Disability shall be established by the medical commission, and the disabled employee remains subject to medical checks after every three years. Upon removal of the disability he shall be re-employed.

ARTICLE 20: If the ajeer dies of an accident stemming from his duty, in addition to six months¹ salary, one and one half months¹ salary for every year of service shall be immediately paid to his dependants.

ARTICLE 21: Under special circumstances brought about by the nature of work and administrative needs, it is permissible to employ professional persons on a full-time or part-time basis, outside the Salary Table of ajeeran. Rights and duties of the person so employed as well as the obligations of the employing agency shall be provided in the contract within the limits set forth in this law.

ARTICLE 22: A retired civil servant whose professional and specialized services are urgently needed by the administration can be recruited as an ajeer. Such an employment precludes appointments in administrative capacities or appointments with authority as chiefs of offices.

ARTICLE 23: Ajeran shall be obligated to obey all administrative regulations of the civil service.

ARTICLE 24: In the event of violations of duties, the contract employee shall be reprimanded in the same manner as a civil servant. On commission of crimes stemming from these duties the contract employee shall be subject to legal proceedings like a civil servant.

ARTICLE 25: This law becomes effective after its publication in the Official Gazette, and with its coming into force, the law on Ajeeran and

XXXX (i.e., XXXX-employees), dated 6 XXXX 2339 A.H. and the provisions of other laws repugnant to the provisions of this law shall be repealed.

XXXX: 29 XXXX 1351

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