Employer in Afghanistan

Employer structures in Afghanistan are fragmented. A formal employer usually keeps employment contracts, job descriptions, attendance records and personnel files, and assigns supervision within the organisation. A contract normally states the job, salary, rights, working hours, leave, workplace and duration. Under the legacy rules, contracts may be fixed-term or indefinite; a fixed-term contract generally lasts one year and renews automatically if neither side ends it within one month. Probation may last up to three months. Legacy eligibility rules refer to Afghan citizenship, a minimum age of 18, health certification and, for many occupations, vocational qualifications. Light work may begin at 15 and vocational training at 14, while workers under 18 should not perform hazardous work. Foreign staff generally require a visa and work permit, health certificates and matching qualifications; domestic workers receive priority under the legacy framework. Permit validity is reported as one year, but the current fee and service timetable are not publicly verified. The Ministry of Labor and Social Affairs (MoLSA) oversees labour-related administration through bodies including Labor Inspection and Guidance, the General Directorate of Work Forces and the Directorate of Legislation and Labor Rights. Employers organise work, provide a productive and safe workplace, protect confidentiality, support employee needs, maintain quality and comply with applicable rules. Forced labour is prohibited under the legacy framework, and non-discrimination protections are also recorded there. The legacy rules describe a normal maximum of 40 hours per week, with lower limits for young workers, hazardous or underground work and certain pregnancy-related situations. They also provide for overtime supplements of 25 percent, weekend or holiday supplements of 50 percent, night supplements of 15 percent in administrative or service work and 25 percent in productive work, subject to the stated conditions and agreement requirements. Salary payments may be monthly, every 15 days, weekly or output-based; delayed payment is permitted under the legacy text only with employee agreement. Paid leave, 90 days of maternity leave and breastfeeding breaks are also recorded, although current enforcement is uncertain during the legal transition. Employers must provide hygienic and safe conditions, safety equipment, continuous safety training, medical examinations for arduous or harmful work, first aid and treatment or transfer after injury. A work injury should be reported to MoLSA and the employee within three days under the legacy framework. MoLSA inspections examine safety, contracts and wages; in 2026, 90 inspectors received training, and a reported prior-year programme covered 470 governmental and non-governmental organisations, addressed 45 of 50 petitions fully and restored rights for 292 employees. Worker representation is developing through the National Union of Afghan Workers and Employees (NUAWE), trade unions, private employment agencies, chambers and sector groups, while the High Labor Council provides a documented social-dialogue channel. Autonomous collective bargaining and a guaranteed right to strike have not been verified. Labour disputes traditionally move from direct employer-worker communication to an organisational Dispute Settlement Commission, the High Commission for Resolution of Labor-Related Disputes and then a competent court; the High Commission was active in 2026. Employers also face continuity risks from financing constraints, electricity outages, infrastructure problems, regulatory unpredictability and skills shortages. Formal firms reported 13 percent employment growth and 35.2 percent formal training in 2026, while survey data recorded financing from banks at 0.28 percent, about 13 outages per month and sales losses of about 6 percent. Restrictions on women’s employment, mobility and access to many jobs strongly affect recruitment, with provincial implementation varying; home-based and women-led enterprises remain functional alternatives but do not provide an equivalent open formal labour market. Drafts on social support and social security exist, but no current public schedule for employer contributions or benefits has been verified. Because the Labour Law is in transition, employers should confirm current requirements with the responsible Afghan authorities before relying on legacy rules.