National Labour Policy: Government of Islamic Republic of Afghanistan

Government of Islamic Republic of Afghanistan
Ministry of Labour, Social Affairs, Martyrs and Disabled

(Kabul, Afghanistan, 6th November 2012)
NATIONAL LABOUR POLICY

Zero Draft (For Internal Discussion Only) 1
National Labour Policy
Sl. No CONTENTS Page No.

1. INTRODUCTION 3-6
1.1 The Context 3
1.2 Preamble 4
1.3 Vision Statement 4
1.4 Mission Statement 4
1.5 Policy Objectives 4
1.6 Purpose and Scope 5
2. CONTEXT, RATIONALE AND POLICY INTERVENTIONS 7-30
2.1 Skill Development and Labour Market Institutions 7
2.1.1 Skill Development for Employability and Enhancing Productivity 7
2.1.2 Improving and Strengthening Labour and Employment Statistics 9
2.1.3 Restructuring and Expansion of Employment Service Centers 12
2.2 Work Conditions and Wages 14
2.2.1 Ensuring Decent Conditions of Work 14
2.2.2 Occupational Safety, Health and the Environment at Work Place 15
2.2.3 Minimum Wage and Payment of Wages 18
2.3 Promoting Sound Industrial Relations Scenario 19
2.4 Social Security 22
2.5 Vulnerable Groups in the Labour Market 25
2.5.1 Child Labour 25
2.5.2 Bonded Labour 27
2.5.3 Women Workers 29
2.6 Improving Labour Administration System 29
3. IMPLEMNETATION, MONITORING & EVALUATION 31-32
FRAMEWORK
3.1 Implementation 30
3.2 Monitoring 31
3.3 Evaluation and Review 31
List of Abbreviations/Acronyms
ACCI Afghan Chamber of Commerce and Industry

AISA Afghanistan Investment Support Agency
ANDS Afghanistan National Development Strategy
CCTs Conditional Cash Transfers
CSO Central Statistical Organisation
DM Deputy Minister
DoLSAMD Department of Labour, Social Affairs, Martyrs and Disabled
EU European Union
GoIRA Government of Islamic Republic of Afghanistan
GVA Gross Value Added
ESC Employment Service Center
IBES Integrated Business Enterprise Survey
ICT Information and Communication Technology
IDA International Development Association
ILO International Labour Organisation
JMC Joint Management Council
LFS Labour Force Survey
LMIS Labour Market Information System
LMIAU Labour Market Information and Analysis Unit
MoAIL Ministry of Agriculture, Irrigation and Livestock
MoCI Ministry of Commerce and Industry
MoE Ministry of Education
MoEc Ministry of Economy
MoHE Ministry of Higher Education
MoJ Ministry of Justice
MoMI Ministry of Mines and Industries
MoLSAMD Ministry of Labour, Social Affairs, Martyrs and Disabled
MoRR Ministry of Refugees and Repatriate
MoRRD Ministry for Rural Rehabilitation and Development
MoPH Ministry of Public Health
MoPW Ministry of Public Work
MoW Ministry of Women Affairs
NCO National Classification of Occupation
NES National Education Strategy
NGO Non-Governmental Organizations
NIC National Industrial Classification
NLP National Labour Policy
NPP National Priority Programme
NRVA National Risk and Vulnerability
NSDP National Skill Development Programme
NSP National Solidarity Programme
NRAP National Rural Access Programme
NVET National Vocational Education and Training System
SP Strategic Plan
ToT Training of Trainers
TVET Technical and Vocational Education and Training
VET Vocational Education and Training
WWW World Wide Web
1. INTRODUCTION
1.1 The Context
Afghanistan is one of the underdeveloped countries of the world, in the sense that it has still
predominantly pre-industrial production relations. However, like other underdeveloped countries
of the world it has been caught into the whirlpool of globalization i.e., global industrialism.
Industrialization posits the creation of a national labour market and development of the extant
product markets along with establishment of the Rule of Law everywhere. The Government of
Afghanistan would therefore need to create smoothly functioning national labour market as it
industrializes in such a way as to pass seamlessly from the existing pre-industrial social relations
to that of an industrial society. Otherwise, social disruption will inevitably take place. Our
industrialization will of course demand the use of modern technology and sooner than later our
labour regulation will have to conform to the international labour standards. However, the
modern technology absorbs little labour in the modern formal sector. Hence most workers who
may land in the labour market will have to find work in the informal sector for a long time,
where implementing and maintaining decent labour standards will remain problematic and hence
will need special attention.
Quite a number of international labour standards conventions have been ratified by the
Government of the Islamic Republic of Afghanistan (GoIRA). 1 This indicates only the
democratic aspirations of the government. However, the government of Afghanistan would like
to proceed cautiously towards bringing the labour standards of their country to the level of
international labour standards for they assume developed labour markets. The pace and trajectory
of the growth of labour standards would rather be considered in the context of the development
needs and national priority of Afghanistan. Any attempt at sudden adoption and implementation
of labour standards may collide against the tribal, feudal, and Islamic ethos of the country
leading to social and political disruption. The developed countries have gradually reached the
contemporary labour standards in more than a century. Although this long trajectory of labour
market regulations is simply not feasible anywhere today in the context of globalization and
contemporary democratic consciousness of the working poor everywhere, Afghanistan would
like to plan strategically to pass rather smoothly from almost no regulation of the labour market
(because it hardly exists) to international labour standards. Moreover, Afghanistan being an
Islamic country needs to proceed from the egalitarian values of Koranic Islam in creation and
regulation of labour markets. This entails the necessity of keeping the needs of human beings in
the forefront while proceeding to industrialize the country. The conception of decent work
pertinent to the country would be thus at the very foundation of the National Labour Policy
(NLP) of the Government of Islamic Republic of Afghanistan (GoIRA).
1
19 ILO Conventions have been ratified by Afghanistan till date.
1.2 Preamble
In consonance with the Constitutional Provisions, the vision and goals of Afghanistan National
Development Strategy (ANDS), the aim and objectives of the Strategic Plan (SP) and the
National Priority Programme (NPP) of the Ministry of Labour, Social Affairs, Martyrs and the
Disabled (MoLSAMD) and commitments under international instruments:
The Islamic Republic of Afghanistan adopts this National Labour Policy document:
1) To provide equal opportunity to all its citizens for meaningful and decent employment;
2) To build human capacity through skill development for better employability and
productivity;
3) To enact effective protective as well as promotional labour legislation to establish
humane labour relations;
4) To promote trade unions and collective bargaining for effective joint decision-making by
workers and employers;
5) To provide for labour welfare and healthy working conditions and environment at the
workplace; and
6) To make provision for decent social security for the informal workers, unemployed, the
disabled, and the superannuated.
1.3 Vision Statement
The Labour Policy of Islamic Republic of Afghanistan envisions an industrially advanced

Afghanistan with a developed labour market with humane capital-labour relations, which would
provide equal opportunity to all for meaningful and decent employment as well as socially
secured life during working period and post working period.
1.4 Mission Statement
In order to realize this vision the Republic takes up its mission to develop strong labour market
mechanisms through informed strategic planning which would result in more and better job
opportunities through skill development, effective protective and promotional labour laws and
efficient enforcement and enhanced rights of workers.
1.5 Policy Objectives
Decent work policy posits the satisfaction of human needs of the workers in the society, at the
workplace and even in the family. That is to say that labour laws will preserve the human
essence of human beings both as producers and consumers. This first of all implies that there
would be no forced labour – direct or indirect. The second most important aspect of decent work
creation is to address the question of balance of power between labour and capital in the labour
market. The social power of money is the source of power of capital, while labour can derive
power only from its collectivity that does not come into being automatically as a result of daily
experience of the workers. While development of collectivity entails cooperation among

workers, they enter the labour market as competitors. Hence, facilitating the emergence of labour
collectivity i. e. unions and hence of collective bargaining between labour and capital would
constitute an important pillar of democratic labour policy. The National Labour Policy (NLP)
accordingly would be geared to ensure living wages, humane labour process and decent
conditions of labour in every respect with special emphasis on women workers and other
vulnerable groups in the labour market. In specific terms, the NLP of Afghanistan would be
geared to realize the following:
1) A modern and well-structured national vocational education and training system

responsive to the fast changing labour market needs ;
2) Minimum wages for decent subsistence or living wages;
3) Timely payment of wages without illegal deductions and equal pay for work of equal
value;
4) Restricted working hours and conditions of labour;
5) Ensuring minimum conditions of work and elimination of all forms of forced and
bonded labour;
6) Developed collective bargaining system;
7) Healthy and safe work environment;
8) Decent medical care of workers and their families;
9) Social security for the unemployed, the disabled and the superannuated;
10) Minimum but decent social security for informal workers;
11) An efficacious labour market information system with improved and stronger labour
and employment statistics for effective decision-making and policy formulation;
12) Improved and expanded employment service centers for effective delivery and
improved access to services and
13) Improved labour administrative machinery and capacity building of tripartite partners
for better implementation of the national labour policy
1.6 Purpose and Scope of National Policy
1.6.1 Purpose
The purpose of this policy is to outline the desired changes which the government intends to
usher in the world of work by providing a framework of interaction between Government,
workers and employers organization. The policy identifies the main thrust areas and directions
for labour welfare and lays down an overall policy framework within which the Government’s
programme and activities relating to the world of work will be carried out and implemented.
Given the pervasiveness of the informal economy and informal employment in the country, the
policy intends to promote decent and productive work while protecting the rights of the workers
and employers. The policy also highlights changes required in the existing legislative framework
and the need for amending and bringing in new legislations to further strengthen the labour
welfare.
The policy facilitates legislative and administrative measures to be taken for both workers and
employers to co-exist with mutual respect for each other’s rights. It identifies minimum labour
standards in terms of conditions of work, wages, occupational safety, etc., place obligations on
government, workers and employers to work towards national development
1.6.2 Scope
The NLP will cover following categories of enterprises and workers throughout Afghanistan,
unless otherwise exempted by a national statute:
1) Enterprises/establishments irrespective of size or sector, both in the formal (public and

private sector) and in the informal sector,
2) Workers irrespective of their status in employment and nature of
enterprises/establishments in which they are engaged in. This inter alia implies that both
wage workers (regular/salaried and casual-contract) and self-employed (own account
workers, employers and unpaid family workers) working in formal and informal sector.
2. CONTEXT, RATIONALE AND POLICY INTERVENTIONS
2.1 Skill Development and Labour Market Institutions
2.1.1 Skill Development for Employability and Enhancing Productivity
The Context
Prevalence of high unemployment and underemployment among women and men, coupled with
severe shortage of educated and skilled manpower among the labour force is adversely affecting
the Government’s effort to achieve sustainable and inclusive growth along with enhanced
productivity. The technical and vocational education and training (TVET) sector of the country
has to address four major 2 challenges for enhancing employability and productivity. First, the
combined capacity of the existing TVET sector is extremely limited both in terms of number of
seats and availability of trained teachers. Second, skill development system in the country is
supply driven resulting in poor labour market outcomes of the trained graduates. Third, the
quality of vocational training imparted in the country is poor due to myriad factors such as low
competence and knowledge level among teachers/instructors, lack of regulatory control over
programme delivery and lack of accreditation and certification system. And fourth, vocational
education and training (VET) is not taken seriously as a promising career option by the parents
as well as children – only 5 per cent of the total 4.5 lakh high school graduates join VET sector
in Afghanistan. Further, participation of vulnerable groups such as women, disabled and
illiterates is extremely low.
Policy Interventions
Given the importance of skill development in enhancing employability, productivity and

consequent economic growth, the GoIRA has continuously emphasised the need to create a pool
of industry relevant skilled manpower in various policy documents, beginning with the
Afghanistan National Development Strategy (ANDS), 2006. The subsequent documents relating
to National Education Strategy (NES) 2007 and 2010; and VET component in the National
Priority Programme (NPP) -1 provided further momentum to the ongoing government initiatives.
The country has also ratified some of the major conventions relating to human resource and skill
development such as: Human Resource Development Convention (1975), Vocational
Rehabilitation and Employment (Disabled Persons) Convention (1983), Discrimination
(Employment and Occupation) Convention (1958), which reinforces its commitment to develop
human resources as per the needs of the labour market, with special emphasis on the requirement
of disabled persons and women.
To convert the ethos enshrined in the ANDS, NES, NPP and ILO conventions into programmatic
and legislative interventions, the government has put in place a comprehensive National Skill
2
Afghanistan Skill Development Project (ASDP), South Asia Regional Workshop on Skill Development and
Employability, World Bank, June 25th 2012, New Delhi.
Development Programme (2007) being implemented by MoLSAMD in partnership with MoE

and MoHE. The long – term goal of the NSDP is development of a modern National Vocational
Education and Training System (NVET) that is responsive to the labour market needs and
provides Afghan people with the knowledge and skills for decent work. In the short- and medium
term, the NSDP intends to facilitate essential labour market driven training through involvement
of public, private partners and NGO sector training agencies.3
While the National Labour Policy (NLP) fully endorses the overall vision, short-term and long-
term goals, strategies and approaches of the NSDP, it calls for immediate attention to the
following elements of the NSDP.
 Undertaking labour market assessment surveys and interaction with Ministries and
private sector/industry to understand the supply and demand mismatch, skill needs of
high growth sectors and to design and deliver training programmes accordingly. Skills
sector where there is huge dependence on foreign workers such as ICT, construction,
energy, water, mines and extractive industries should be given top priority;
 Strengthening of existing public training institutions/centers under MoE and
MoLSAMD in terms of equipments, infrastructure, quality trainers, standardized
curricula and certification system;
 Enhancing the capacity of the MoLSAMD (NSDP & General Directorate for Skills
Development) and DMTVET to plan, manage and operate training programmes for
increasing number of beneficiaries, especially at sub-national level, involving trainees
from rural and semi-urban areas and from vulnerable groups such as women, disabled,
unemployed youths, returnees/displaced, migrant and informal workers;
 Establishing Regional Training of Trainers (ToT) Centers/Academies to produce
larger number of high quality trainers for both formal and informal training courses;
 Developing a National Qualification Framework and Authority in compatibility with
international frameworks and with legal support.
 Developing a National VET Policy with the objective of skill formation in a dynamic
setting.
Apart from the above course of action, the government shall provide priority attention to the
following new elements – which are at present doesn’t form a part of NSDP.
 Affirmative action in the form of stipends, fellowships, awareness generation etc. to

create demand for vocational education and attract good students towards the TVET
sector. This is in addition to the element of conditional cash transfers (CCTs) to the
vulnerable groups in the NSDP.
3
National Skill Development Strategy, MoLSAMD, 14th April 2007.
 Creating a mechanism to recognize, test and certify informally acquired skills (learnt
through intergenerational transfer or on-the-job) of workers under the NSDP, to facilitate
their upward mobility.
 Developing local level skills and expertise under the NSDP, which are present among
the local populous, given the tribal nature of the major part of the Afghan society. This
would enable NSDP to enhance its outreach to the rural and remote areas in a more cost-
effective and inclusive manner.
 Introduction of an element of flexibility in terms of flexi-hours, reduction in number of
training months, option to choose from a basket of market driven training modules under
the NSDP, to attract maximum numbers of informal-unskilled-underemployed workers to
enroll in these courses and get certified.
 Skill Training Programme should be given increased emphasis on other National
Programmes such as National Solidarity Programme (NSP) and National Rural
Accessibility Programme (NRAP) covering large number of beneficiaries across villages
of the country.
 Setting-up of a Task Force to examine and recommend an incentive system for private
training providers to encourage them for providing training in rural and backward areas
and to vulnerable groups.
2.1.2 Improving and Strengthening of Labour and Employment Statistics
The Context
Labour and employment statistics are important in understanding the changes in supply and
demand side of the labour market over time and accordingly help in formulating suitable policies
and programmes relating to labour and employment, skills development, education and training.
Labour and employment market information is also equally important for the education and
training providers, employers, data users and researchers. Nature and type of information that is
required in this context are: growth and pattern of employment and unemployment; sectoral and
occupational distribution of workforce; education and skill levels of the labour force; socio-
economic conditions of women; child labour (hazardous and non-hazardous and forced labour),
bonded labour and other vulnerable groups; wages and earnings; occupational safety and health;
social security and welfare amenities; industrial relations and most importantly information on
the magnitude and characteristics of the informal economy.
However, at present only limited information is collected, compiled, analyzed and disseminated
at dis-aggregated level on various facets of labour and employment as no specific labour force
survey has been conducted. The Central Statistical Organisation (CSO), which has the mandate
to collect scientific economic, social and industrial statistics, conducts multi-purpose household
survey through which it collects information pertaining to the activity status of the population,
apart from other issues of national importance. However, such survey has been conducted only
once during 2007/08 and the nature of data collected and reported is very limited at present.4 The
survey report provides at the aggregate level the information relating to labour force participation
rates, employment and unemployment, characteristics of those who are employed, child and
migrant labour. But there is a need to build up with these data and conduct targeted scientific
labour force surveys (LFS) with expanded scope.
Similar to the supply side, the demand side labour market information collected at present are
also very limited in nature. The first nationwide Integrated Business Enterprise Survey (IBES)
conducted in 2006 involving 3,794 non-agricultural establishments provides information about
employment by enterprise size, type/ownership of enterprises, nature of problem faced by
enterprises, compensations to workers, gross value added (GVA) and other enterprise
characteristics at the aggregate level. However, in the absence of an economic census of
establishments, the survey reports itself raise questions about the sampling frame of the survey
and other non-sampling errors associated with it. Further, the report also recognizes that due to
small sample size and lack of availability of qualified personnel, reliable dis-aggregated analysis
could not be made and the scope of the survey could not be expanded to include many other
pertinent demand side issues.
As designing of appropriate labour and employment policy requires detailed and dis-aggregated
level data across regions, sectors and occupation; steps should be taken for collecting and
analyzing periodic scientific and internationally comparable demand and supply side labour
market information by standardizing various concepts, definitions, scope and periodicity of the
survey. The absence of such data at present is seen as a major hurdle in understanding labour
market in its totality and designing appropriate policies.
Greater Co-ordination among CSO and MoLSAMD
The MoLSAMD (through DG, Manpower and Labour Affairs) should co-ordinate with the CSO
to establish an institutional mechanism for conducting nationwide scientific labour market
survey. The co-ordinated effort of these two institutions should focus on issues relating to
preparation and finalization of a detailed labour force and enterprise survey module,
standardization of concepts and definitions (relating to employment and unemployment, child
labour and bonded labour etc.), sampling design, scope and frequency of survey with relevance
to the Afghanistan context so as to help in designing evidence based labour and employment
policies and programmes. An expert committee should be constituted with experts from the
CSO, MoLSAMD, ILO, academics, training providers, Afghan Chamber of Commerce and
Industry (ACCI) and trade unions to prepare the survey design and methods for conducting
systematic Labour Force Survey and to suggest a comprehensive list of variables and level of
4
Information relating to activity status of the population is published in the National Risk and Vulnerability
Assessment (NRVA) report of the Central Statistical Organisation (CSO), 2007/2008.
dis-aggregation at which the data need to be collected. 5 Finances required for conducting
targeted labour force and enterprise survey should be provided through government budget.
Developing a National Industrial and Occupational Classification
A National Industrial Classification (NIC) and National Classification of Occupation (NCO)

should be developed in consonance with international classification, for classifying and
collecting employment data across economic sectors and occupational categories which is
necessary for strong labour market statistics. While the responsibility of developing the NIC
should be rested with the CSO, the MoLSAMD should develop the NCO.
Establishing a Labour Market Information System (LMIS)
Once the labour and employment statistics are collected scientifically in a standardized format
and are made available at different time points and at the requisite level of dis-aggregation, the
MoLSAMD shall establish a web based integrated LMIS. The LMIS should provide regularly
updated quantitative and qualitative data relating to macro-economic indicators, workforce,
income and wages, internal and international migration trends and patterns, skill demand and
supply education/training institutions, job markets, and other relevant data, which could be
beneficial to government, job seekers, employers, education and training providers and data
users in formulating labour and employment policies, career planning, vocational
guidance/counseling, education and training offerings to bridge the skill gap and business
requirement and decisions accordingly. Steps should also be taken to integrate labour market
information data available with private employment agencies, ESCs, NSDP and MoE
(DMTVET) with the LMIS.
Capacity Building and Strengthening of Labour Market Information and Analysis Unit
(LMIAU) of MoLSAMD
Capacity building and strengthening of LMIAU Unit of the MoLSAMD should be given top
priority so that the unit could effectively discharge its mandate of developing a system of
monitoring changes in the labour market and forecasting future needs and thereby provide useful
inputs to the policy makers to respond to those changes in a time bound and effective manner. In
addition, the LMIU’s capacity should also be developed in collection, compilation and analysis
of data so that the unit could independently conduct occasional need based surveys for specific
sections of labour in particular areas with a view to formulating policy measures or to assess the
impact of labour enactments.
Similar exercise should also be done to develop capacity of the provincial Department of Labour,
Social Affairs, Martyrs and Disabled (DoLSAMD).
5
The list of variables/indicators must include data required to be compiled under ANDS, Millennium Development
Goals, and ILO Convention No. 160 on standard and guidelines on labour statistics.
2.1.4 Restructuring and Expansion of Employment Service Centers (ESCs)
The Context
In Afghanistan due to huge investment and donor spending in various industries especially in
sectors such as construction, power and energy, mines, and other similar industries/sectors, the
demand for various categories of labour (skilled/unskilled, professional and technical) has gone
up substantially. At the same time, youth unemployment, significant underemployment among
large part of the workforce and shortage of skilled manpower are emerging as the biggest
challenge faced by the country. Given the dynamic nature of the labour demand, Employment
Service Centers’ (ESCs) responsibility of linking the job seekers with the employers assumes
special importance.
The ESCs were first established in 2002 in Kabul as a part of the national commitment to match
the supply with demand by linking the job seekers with labour market. Subsequently, 9 more
ESCS were opened in 9 provinces during 2004-06 under the General Directorate of Manpower
Planning and Labour Affairs, and in partnership with the International Labour Organisation
(ILO). For linking women, disabled and returnees to the employers and training providers,
branch offices of the ESC, Kabul were also established in the Ministry of Refugees and
Repartition (MoRR) and officials of the Ministry of Women Affairs (MoWA) and the then
Ministry of Martyrs and Disabled were posted at ESCs to help women and disabled persons. The
ESCs were authorized to register the unemployed and assist them to find a suitable job that
matches their skills and expertise and to help them with information regarding training
opportunities or to start their own business. It is also authorized to assist training providers to
locate motivated trainees and match employers with skilled employees.
However, most of the provincial ESCs are closed down since 2008 except for the ESC at Kabul.
The main reasons attributed to the closing down of the ESCs were lack of budgetary support,
lack of interest among the private enterprises as well as government and other agencies in
notifying vacancies to the ESCs, lack of awareness about the ESCs and its role among the job
seekers and employers, among others. The presently, operational Kabul center also playing a
very limited role in the form of registering job seekers, counseling and helping them in preparing
their CVs and job application. Other important roles such as notifying candidates to prospective
employers, reaching out to training providers and prospective employers, and assessment of
labour market trends and forecasting future demand are hardly been taken care of. Out of 2500
job seekers, the Kabul ESC could be able to place only 50-70 job seekers and 25 job seekers
were linked to training providers for training.
Restructuring of ESC
The government shall restructure ESC so that it can provide complete package of services
relating to information on job market, vocational guidance, and active help in placement; and can
reach out to industry and training providers. It should also play an active role in analyzing
demand and supply of various types of workers and skills by regions and sectors; in identifying
labour intensive high-growth sectors, as well as, in assessing the trend and forecasting the future
demands. Greater co-ordination between ESC and LMIAU, DG, Manpower and Labour Affairs
and National Skill Development Programme (NSDP) of the MoLSAMD with technical support
should be established in assessment of the labour market and to improve service delivery.
Expansion of ESCs to all Provincial Headquarters
The government intends to expand ESCs by establishing a center at each of the provincial
headquarters so that all the job seekers can be provided with the services. In a gradual and
phased manner, ESCs should be expanded further to the district/regional headquarters. Special
ESCs like earlier times should also be set up to cater to the requirements of returnees, women,
disabled and other vulnerable groups. Requisite infrastructure, human resources and staff
training required at each of the service centers to effectively discharge their functions should be
provided through government budgetary support.
Compulsory Notification of Vacancies
Non-cooperation of government and private sector in notifying their vacancies is one of the
major constraints in the working of the ESCs and they have to play very limited role in the
placement service. Therefore, the government shall take steps to provide legal support to the
ESCs by making it mandatory for all employers in the government and private sector to notify
their vacancies to the ESCs.
Integration of Private Employment Agencies with the ESCs
The existing private employment agencies should be integrated with the ESCs by making it
compulsory for them to share labour market information – placements, type of jobs, extent of
demand, qualifications, and industry – available with them in a prescribed format. Further, the
government shall take steps to regulate the private employment agencies to check exploitation of
the job seekers. Issuance of license to start private employment agency should rest with
MoLSAMD instead of Afghanistan Investment Support Agency (AISA).
Establishment of Linkage and Improved Contact with Stakeholders of ESC

ESCs shall take proactive and prompt steps through its outreach division in establishing close
linkage with its various stakeholders such as Ministries at the federal level and departments at
provincial/district level, private sector, training providers, job seekers and others, to provide
them useful labour market services. Dialogue and contact with the government and the private
sector should not only focus on the understanding of their immediate requirement of labour force
but also medium-term and long-term needs. Similarly, contact with education and training
providers should emphasize on the understanding of the training vacancies across various
trades/subjects and putting in place an employment support programme for graduates upon
completion of training. Most importantly contact with the jobseekers should be comprehensive
and focus on reducing the time lag in finding a suitable job and other services.
Upgrade ESC Staff Capacities and Infrastructure Facilities

The capacity of the existing ESC staff and new staff to be recruited at the provincial/district level
needs to be up-graded through detailed training relating to registration, placement, vocational
guidance, and counseling and implementation of various mandates of the ESCs. Infrastructure
facilities in terms of physical location, information technology and database management
system, provision of online access of information through World Wide Web (www) etc. should
also be ensured at each of the ESCs.
2.2 Working Conditions and Wages
2.2.1 Ensuring Decent Conditions of Work
The Context
The average number of working hours per week at the national level is 36, primarily because
women work for 30-34 hours without much variation across rural and urban areas.6 In contrasts,
the male working hours are much higher than the stipulated rates. In urban areas male works for
52 hours a week, in contrast to 36 hours in rural areas. This national statistics of course averages
out the spatial variation across the different levels of commoditization. The low level of the
working hours of both men and women in the rural area is not merely for want of employment; it
is also because the rural area of Afghanistan is still by and large an economy of needs
(subsistence economy) and not that of wants as the modern economies are. Rather long hours of
work for the male workers in the urban area, indicates that the urban production is largely in the
informal sector with low productivity and near absence of effective labour regulation.
It follows that the state will ensure through labour laws and their implementation humane
conditions of work. It will accordingly limit working hours and provide for adequate
holidays/leaves and cater to the welfare needs of the workers at the workplace consistent with the
biological and social and cultural needs of the workers.
6
NRVA, CSO, 2007/08
Hours Work
Government shall ensure decent working conditions at work place by fixing maximum hours of
work per day and per week. In a day working hours shall not exceed 8 hours and in a week 40
hours. Work for additional hours can be obtained by paying extra wage which shall be double of
the normal wage rate with a rider of maximum overtime hours in a week. There will be provision
for half an hour recess for lunch in the middle of the work day.
Night Shift
Employees working in the night/odd shifts shall be paid a bonus of 25 per cent over the normal
wage rate and also the maximum hours for such shifts shall be 20 per cent less than the normal
shift working hours. The women and young person shall not be permitted to work during the
night shift. However, government shall have the right to exempt, the establishments of certain
class on their request.
Holidays/Leaves
The employers shall provide weekly holidays and paid leaves of 30 days in a year for rest and
recreation, 10 days of casual leave, 30 days of medical leave, in addition to the leave for
performing haz for 45 days. The employer shall also provide one hours rest after every four
hours of work and also one hour for prayer. Paid maternity leave of 90 days will be provided to
the women workers.
Welfare at Work Place
Employers shall provide the following amenities to the workers at the workplace during the
working hours: (i) safe drinking water (ii) rest room; (iii) canteen facilities; (iv) wash
rooms/toilets (v) crèches and place for the prayer. Government shall frame rules for regulating
the amenities required to be provided by the employer.
2.2.2 Occupational Safety, Health and the Environment at Work Place
The Context
A safe and healthy working environment across all economic activities is a fundamental right of
all workers - both women and men, which is protected under the labour laws of the country and
in accordance with the international instruments. 7 Furthermore, maintaining safe and healthy
working environment is recognized to be an important element from the point of view of
economic growth and development and for raising labour productivity.
7
Afghanistan has ratified three ILO conventions relating to occupational safety and health namely White Lead
(Painting) Convention, 1921 (No. 13); Underground Work (Women) Convention, 1935 (No. 45) and Occupational
Cancer Convention, 1974 (No. 139). However, the country has not yet ratified Occupational Safety and Health
Convention, 1981 (No. 155).
Afghanistan is characterstised by very high proportion of illiterate and unskilled workforce

engaged in numerous small and tiny enterprises across the informal economy. This poses a
serious threat as many of these enterprises has a tendency to compromise on managing safety
and health risks at the workplace for their productivity is low and hence the only way they can
compete with better productive larger enterprises is lowering wages and working conditions and
lengthening the working hours. Hence ways and means including subsidies will have to be found
to make their productivity and profitability rise and hence make them competitive on the basis of
productivity and low cost without attempting to lower the wages and working conditions.
Making informal economy free from occupational hazards and health risks is a further challenge
as nearly 25 per cent of the Afghan children below 14 years work in this sector – many of them
in hazardous employment. Further, the growth of emerging sectors such as construction,
infrastructure, mining and extractive industries and other growth sectors, also face equal
challenge in maintaining occupational safety and health standards and thereby preventing risks
and hazards in work place.
Given the serious nature of all these challenges, a co-ordinated national effort shall be put in
place with the involvement of all Ministries at the federal level and all departments at the
provincial level in consultations with the workers and employers’ organizations with a basic
objective of achieving high level of occupational safety, occupational health and working
environment performance through a slew of policy measures directed towards preventing and
eliminating accidents and injuries to health at work places.
The policy for occupational health and safety shall strive to achieve international standards of
health and safety at workplace. These goals of achieving high levels of standards of occupational
health and safety as well as creation of healthy working environment shall be realized by
amending national laws appropriately and establishing national regulatory authority. In order to
implement these amended laws the state shall promote awareness generation and build the
capacity of workers and managements for effective implementation of these policies and
measures.
Review and Amendment of Legislation, and Establishing a National Regulatory Authority

on Safety & Health
The government shall review and amend the existing national labour legislation and regulations
relating to Health and Occupational Safety Conditions, keeping in view similar international
instruments which have been ratified (ILO CNo.13, 45 & 139) or pending for ratification (ILO
CNo.155). A national level tripartite working committee shall be constituted to examine, review
and suggest amendment to the national legislation after analysing the current status of safety and
health at workplace in enterprises across all economic activities. From the government side, the
tripartite committee will be comprising of representatives from MoLSAMD, Ministry of Public
Health (MoPH), Ministry of Mines and Industries (MoMI), Ministry of Public Work (MoPW),
and DoLSAMDs, and also representatives from trade unions and industry associations.
Representatives from professional safety and health organizations, ILO and other international
bodies shall also be consulted as deemed appropriate. The review and amendments to the
existing legislation shall be specifically directed towards the following, but not necessarily
limited to this:
 Defining rights and responsibilities of employers and employees;

 Putting in place an effective enforcement and compliance mechanism with active co-
operations of DoLSAMD and social partners;
 Provision of adequate penalties for violation of laws and regulations; and
 Incorporating suitable provisions for compensation and rehabilitaion of the affected
persons.
Apart from suggesting amendement to the national legilsation, the above working committee
shall also examine and suggest a road map for establishing a national level regulatory authority
on occupational safety and health. The main function of the regulatory authority inter alia would
be to develop, adopt and monitor a uniform national standard, codes of practices and manual on
occupational saftety, health and environment at workplace, in compatibility with international
standards. The regulatory body shall also enusre necessary co-ordination between various
authrotities and bodies reponsible for implementation of policy on occupational saftey, health
and enviroment across all economic activities.
Establishing Enterprise Level Consultative Forums for Creating Awareness

Enterprise level consultative forums/safety and health committee with representatives of
employers, employees and community shall be established for the purpose of creating awareness
on safety, health and environment at workplace on a regular basis. Employers should take prime
responsibility in ensuring that workers and their representatives are consulted, trained, informed
and involved in all measures adopted in relation to their safety and health at workplace as per the
national legislation and regulation.
Undertaking Skill Training and Capacity Building Programme

The government shall design and deliver long-term and short-term market driven training
courses relating to occupational safety, health and environment at workplace under the training
institutions run by MoLSAMD (NSDP and General Directorate for Skills Development) and
DMTVET to create sufficient number skilled manpower. The functional literacy component
under the NSDP should also incorporate a capsule session on occupational safety and health for
raising awareness among the trainees.
Capacity Building of workers and employers’ organizations shall be undertaken by the

government on various aspects of occupational safety and health management system with a
view to eliminating and/or reducing incidence of occupational health hazards and safety risks.
Promoting Research and Compilation of Statistics

The government shall promote studies and research in the area of occupational safety and health;
and compile and disseminate regular statistics relating to occupational accidents, occupational
diseases and injuries at workplace through usual enterprise survey.
2.2.3 Minimum Wage and Payment of Wages
The Context
The Afghan Labour Market is predominantly informal, wherein 91 per cent workers work in
vulnerable employment, with low level of wages and earnings. Given the low wages, nearly 35
per cent of workers at the aggregative level are classified as ‘working poor’. Not only levels of
wages are low but one observes wide variations in the wages between male and female workers
both in agriculture and non-agricultural sector. As per the NRVA (2003) estimates, wage ratios
(women/men) are 51 per cent for planting, 61 per cent for harvesting, 50 per cent in other farm
work. In non-farm activities, the wages paid to women for making handicrafts is only 41 per cent
of men’s wages, and for weaving, the ratio is 53 per cent. 8 A recent study conducted by the
MoLSAMD has also come out with similar findings.9
In the context of the above, the wage policy of Afghanistan will have to consider the needs of
reproduction of labour power i. e. the consumption needs of the workers and the Islamic
egalitarianism, at the one end of the wage spectrum and that of the viability of the enterprises at
the other. It entails that the nation must scientifically determine the cost of reproduction of labour
power in the context of its socio-political realities that it has inherited. Level of wages and
income should increasingly fulfill the decent reproduction of labour power or the capacity to
work. This needs to be determined in the context of socio-cultural environment that prevails in
Afghanistan. The wages cannot be determined in an underdeveloped country like Afghanistan
with the same parameters as that in developed countries, for workers’ consumption baskets
would differ both qualitatively and quantitatively between these countries.
The wage policy of Afghanistan has to address basically three points. Firstly, it addresses the
issue of minimum wage from the point of view of decent reproduction of labour power i.e.,
8
as quoted in the Page 7, Foot Note 6 of the Social Protection Sector Strategy (Pillar VII) of the ANDS, 30 th March
2008
9
Report of the Sample Survey of Casual Workers at Labour Corners of Kabul, Labour Market Information and
Analysis Unit, DG Manpower and Labour Affairs, MoLSAMD, GoA.
capacity to work today, tomorrow and beyond. Secondly, it needs to avoid inflationary wage
level. Thirdly, the wage differentials should not be allowed to become too skewed.
Ensuring the Payment of Wage
Government shall ensure timely payment of wage and full payment of the earned wage without
any unauthorized deductions. The regulation of wage would provide for the period within which
the wage has to be paid and the list of the deductions authorized under the law.
Fixation of the Minimum Wage
For the employment in the informal/unorganized sector where workers are exploited by not
paying even bare subsistence wages for they are also not in a position to negotiate fair wages,
government shall establish a Minimum Wage Board to fix the minimum rates of the wages. No
employers shall be allowed to pay wages less than the rates so fixed. Since minimum wage
provides for bare physical reproduction of labour power, it cannot vary with profession and
occupation but it may vary spatially for regional variation in food habits and prices.
Ensuring Equal Wage for Woman and Man
The government shall ensure payment of equal rates of wages to woman and man, if they have
performed the same work or work of similar kind. This will ensure non-discrimination in the
matters of wage payment on the ground of sex. In case of difference of the wages, the equality is
to be brought by increasing the wage of the person who is receiving less wage.
Provision of Relief in Matters relating to Wage Payment
In case of the non-payment of wage, short payment of wage and differences in the rates of the
wages for woman and man, a claim can be filed before the authority, notified by the government
and such authority shall decide the same by giving the relief of payment of differences along
with reasonable compensation.
2.3 Promoting Sound Industrial Relations Scenario
The Context
The industrial scenario in Afghanistan at present is dominated by the presence of a large number
of small and tiny units, while the numbers of medium and large enterprises are relatively small.
However, with further deepening of economic growth and enhancement in investment, industrial
landscape of the country will change; signs of such changes are already visible at present with
the growth of large enterprises in sectors such as construction, mining and extractive industries,
IT, telecommunication, banking and insurance. Some other sector such as transport also holds
promising importance for future growth as the country expands its road, railways and airport
networks for facilitating increasing mobility of its population both within and across the borders.
As growing industrial production is a pre-requisite for overall economic growth and

development, a smoothly functioning industrial relations system that makes for industrial peace
and harmony is quite imperative. While government recognizes that industrial disputes are
natural occurrence in any labour and employment relationship, it is committed to promote sound
industrial relations through prevention and effective settlement of labour disputes. Afghanistan
has already ratified the ILO Tripartite Consultation Convention.10 Thus it has committed itself to
facilitating the formation and strengthening of the unions of workers and employers, which are
essential for joint decision making through collective bargaining and tripartite forums at the
industrial, provincial and national levels. But Afghanistan will remain saddled with a large
informal sector for some time to come. Since the workers face tremendous difficulties in
organizing in the informal sector, the government must intervene to facilitate formation and
growth of trade unions in this sector.
An industrial relations system needs to promote joint decision-making by workers and employers
so that the needs of both labour and capital are met. Since industrial conflict is but natural, the
state has to play a positive interventionist role in mediation, conciliation, and promotion of
collective bargaining so that conflicts are resolved in time to the benefit of both sides.
Accordingly, the Islamic Republic of Afghanistan will enact laws and constitute an industrial
relations machinery to achieve these objectives.
Strengthening of the Worker Organisation
The state is to ensure the rights of the workers to form their organizations for protecting and
promoting their collective interest. In this regard, the state has to play an important role in
registration, regulation and recognition of trade union organizations of workers at the unit, the
industrial, the provincial and at the national levels. Rules and Regulations are also required for
democratic functioning of these organizations with regular and free and fair election of union
leadership. Workers and their representatives, employers and government officials need proper
capacity building and orientation training. Among the workers representative leadership
development is of almost essential. The state shall endeavour to legislate and develop
institutional and administrative arrangements to give effect to all these needs of peaceful
industrial relations.
Strengthening and Promoting Tripartite Forums
Afghanistan has ratified the ILO convention on tripartism. As per these conventions various
tripartite forums are to be created at unit, industry, state and national level. These forums are
very important for industrial peace and harmony for ensuring regular dialogue among all the
10
Afghanistan has ratified Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) of
ILO in 2010.
stakeholders. The main functions of these forums are to deliberate on policies relating to the
labour, industrial relations, and labour regulations. Labour legislations at the national and
provincial level are to be deliberated in these forums before final decision on labour legislation.
Creating Forums for Prevention and Settlement of Industrial Disputes
The government shall create appropriate forums for preventive action against plausible industrial
disputes and settling these disputes amicably in the event of their occurrence. Various forums
that are required to be created in this regard are:
Works Committee at Unit/Enterprise Level: The representatives of the employers and workers
would be the members of the works committee to deliberate and decide unit level issues and
taking appropriate decisions accordingly. Works councils will prove particularly useful in
resolving issues of productivity raising, working conditions at the workplace and even
implementation of the collective bargaining agreements without the real conflict of interest
culminating into industrial dispute.
Joint Management Councils (JMC) at Industry Level: The council would also be representing
employer’s organizations and workers organization of industry. The industry-level issues relating
to wages, working conditions, social security, and labour welfare are to be deliberated at these
forums for deciding these amicably in order to minimize wide intra-industry variation of wages
and working conditions as well as prevent industry-level conflict from flaring into industry-wide
industrial disputes that might lead to strikes or lockouts.
Conciliation Mechanism: The government is required to intervene in the disputes between

employers and workers through conciliation and mediation processes to help the parties in
settling their disputes. Officials of the MoLSAMD are to be notified as conciliation officer with
industry/single jurisdiction.
Voluntary Arbitration System: The alternative and effective dispute resolution method emerging
now a days is arbitration. The Government needs to promote an efficacious arbitration system for
reducing the litigations in the courts and promoting the voluntary resolution of the dispute.
Under this system parties to the dispute voluntarily agree for arbitration and appoint common
and agreed arbitrator of their choice. The government may prepare a panel of well-known
arbitrators of proven integrity and be made available to the parties in dispute.
Labour/Industrial Courts: Disputes not settled through conciliation/mediation or arbitration are

to be adjudicated by the labour courts. The government shall create labour courts and tribunals
for the adjudicating industrial disputes. These courts and tribunals are to be presided over by the
official having expertise in law and industrial relations. The decree/order of this forum shall be
final and abiding on parties to the dispute.
Regulation of Strikes and Lockouts
From the workers’ point of view Fundamental Right to Association or Union is meaningless in
the absence of the Fundamental Right to Strike. Hence right to strike forms one of the important
pillars of collective bargaining. In the absence of right to strike collective bargaining is reduced
to collective begging. Right to lockouts for employers derives from the legal fiction of equality
between labour and capital. Whereas lockouts will be permitted in the case of illegal strike, right
to strike needs to be regulated for preventing undue disruption of production.
Creating Effective Grievance Redressal Mechanism
An effective grievance redressal mechanism is necessary for preventing individual or collective

grievances from culminating into industrial dispute. To be effective such a grievance redressal
system has to be legally constituted with effective workers’ voice in it. Ideally it will be
constituted with equal representation of both workers and management. An efficacious grievance
redressal system will go a long way in creating an industrial environment based on trust and
hence will not only make for healthy and peaceful industrial relations but will also lead to higher
workers’ commitment improving productivity both quantitatively as well as qualitatively.
If the workers have to resort to strike they will be required to give a strike notice by a recognized
union. If there is only one union in an enterprise, the employer will be legally bound to recognize
it. In case of the existence of more than one union in an enterprise, a secret ballot will be taken
and a union that receives 65 percent of the votes cast will be recognized as the sole bargaining
agent. In any other case a bargaining council with proportional representation of the various
unions that receive more than 10 percent votes.
Protection of Employment
The termination of employment by the employer shall be regulated under the law. No employer
shall be allowed to terminate employment arbitrarily and in violation of the labour law. The law
would provide for due process of law before termination of service, notice of termination,
termination compensation and adequate social security.
2.4 Social Security
The Context
Provisions of social security especially to the poor and the vulnerable have been one of the
integral components of the social and economic development goal of the Government of the
Islamic Republic of Afghanistan in the post 2002– period. This is reflected in various
constitutional provisions, most importantly under Article 6 and 53, which inter alia obliges the
state to create a prosperous and progressive society based on social justice, protection of human
dignity, protection of human rights and realization of democracy. It also mandates the state to
provide for medical services and financial support to the families of the martyrs, and disabled/
handicapped individuals; guarantees the rights of pensioners and calls upon the state to render
necessary assistances to the specific vulnerable groups comprising of needy elders, women
without caretakers, and needy orphans. In essence, the constitution recognizes – the right to
social security of all citizens, especially of the needy and the vulnerable, as a part of the larger
provision of protecting human rights, which is essential for realizing both economic and political
democracy.
For giving the constitutional mandate the much needed reality, the Afghanistan National
Development Strategy (ANDS) has put in place a social sector strategy with the objective of
preservation of human capital, reduction of poverty and vulnerability, and enhancing of social
inclusion.11 The strategy involves interventions on a wide range of government and donor driven
social security schemes/programmes with the involvement of concerned sectoral
ministries/donors.
Broadly, the present social security schemes in the country are primarily of two types:
protectional and promotional. The former comprises of: pensions (for civil servants and military
personnel) and unconditional cash transfers (to martyrs families and disabled persons). The later
comprises of: support to orphanages and kindergartens, public works programme (cash for work
programme) for the needy and vulnerable, the NSDP and market based microfinance
arrangements.
The coverage of beneficiaries under the existing schemes especially the protective ones are
extremely limited and restricted only to formal government employees and military personnel
and families of martyrs and disabled irrespective of their economic situation. As far as the
promotional schemes are concerned, their coverage is not very satisfactory, given the fact that an
estimated 12 million Afghan people require some or other kind of state support, for mitigating
their vulnerabilities to various kinds of risks and uncertainties (ANDS, 2008). Apart from narrow
coverage, some of the schemes also suffer from issues relating to low level of benefit, targeting
errors and leakages. Under this scenario, poor households have no other options but to fall back
upon informal social security arrangements for coping with their risks and contingencies.
Despite the presence of multiple schemes/programmes, the Afghan informal workers who
constitute around 91 per cent of the total work force are not adequately covered under any of the
social security schemes, especially protective ones which are essential for mitigating various
work and life-cycle related risks and contingencies. The government in recognition of such an
imbalance and in view of specific vulnerabilities faced by the informal workers is committed to
introduce in the long-run a minimum floor level protective social security provision in a gradual
and phased manner, while in the short-run, it will further expand the coverage of and strengthen
the promotional schemes for their benefits.
11
This section and the ensuing paragraphs draw insights from the Social Sector Protection Sector Strategy, ANDS,
2008.
The National Labour Policy fully endorses the priority social sector policies of the ANDS and
reforms relating to pension, integration of cash transfer to martyrs families and disabled into the
pension administration and other such initiatives. However, it is of the firm view that, there is a
need to establish linkage between social security arrangements of the government and the labour
market, which is rather limited at present. To this effect, following specific policies having
relevance to the world of work is proposed to ensure a minimum level of social security for all
informal workers.
Introduction of a Minimum Floor Level Social Security for the Informal Workers
The government shall constitute a Task Force on Minimum Social Security Floors, under the
Chairmanship of DM, Social Affairs comprising of representative of tripartite partners, relevant
line Ministries, and experts/organizations. The task force shall conduct a feasibility study on
introduction of minimum floor level social security for the informal workers and in the process
will examine and recommend the types and levels of benefits, coverage of workers, duration of
benefits, methods of financing, administrative and implementation mechanism and other
modalities in line with the ILO Social Security (Minimum Standard) Convention of 1952 (No.
102) and Social Protection Floors Recommendation of 2012 (No. 202). The Government on the
basis of Task Force report shall develop a national minimum social security floor strategy for
introducing a nationally determined minimum floor level social security in a gradual and
sequential manner to all informal workers, which is financially affordable and sustainable and be
backed with appropriate legislation.
Expanding and Strengthening of Promotional Schemes
The government shall expand the coverage of and strengthen the public work programme
especially the flagship National Solidarity Programme (NSP) and the National Rural Access
Programme (NRAP) to remote areas and to poor provinces which are not yet covered under the
programme and shall enhance the number of days of employment under these programmes.
Further, the government shall link wages under these schemes to the minimum wages of
unskilled workers after wage fixation is done as proposed under this policy. In addition, the
government shall take priority action to develop a new public work programme to generate
additional jobs.
The government shall also scale up the pilot unconditional cash transfer programme meant for
smoothening the seasonal food consumption variations of the poorest of the poor rural
households to cover all rural areas.
The government shall also ensure that the National Skills Development Programme (NSDP) play
a catalytic role in improving the skill base of the informal workers, thereby significantly
enhancing their wages and income. To this end, within the overall NSDP framework certain
innovations in the form of certification of informally acquired skills and knowledge, introduction
of short-term flexible courses, holding of evening classes and a provision of payment of lost
wages on account of attending training courses, shall be introduced.
Introduction of Social Security Legislation for Private Sector Enterprises
At present, the social security provision of workers in the formal private sector enterprises are
not backed by any legislation, as a result of which the level and types of benefits across
enterprises vary immensely. In many cases, the employees are deprived of any benefits. In order
to bring some parity, the MoLSAMD shall constitute a tripartite working group and with
representation from Ministry of Justice (MoJ), ILO and other relevant national and international
agencies to draft a legislation for provision of pension, provident fund, health and other benefits
for the workers in the formal private sector. Size of enterprises may be used as the criteria for
differentiating formal enterprises from the informal ones.
Awareness Generation and Capacity Building
The Government and its various wings with the help of the civil society organizations, trade
unions, and employers’ associations shall take all steps to spread awareness about the social
security programmes to all target groups leading to improved coverage, better targeting and
reduction in leakage. The government shall also take necessary steps towards capacity building
of officials of MoLSAMD, DoLSAMD, tripartite partners and implementing agencies on issues
relating to policy making, programme design, implementation and monitoring/evaluation of
social security programmes in general and proposed minimum social security floor strategy in
particular.
2.5 Vulnerable Groups in the Labour Market
2.5.1 Child Labour
The Context
The Constitution of Afghanistan guarantees for free and compulsory education for all children up
to age of 14 years (Article-43) and prohibits entering of children into any form of forced labour
situation (Article-49). In coherent with the constitutional provisions, the Government has ratified
the UN Convention on the Rights of Children (1989) way back in 1990, which aims at protecting
rights of children to survival, right to protection from harmful influences, abuse and exploitation,
right to develop to the fullest and the right to participate fully in family and social life. In
furtherance to this, the Government has ratified in 2010, two most important convention of the
ILO: Minimum Age Convention (No. 138) establishing 14 years as the minimum age of entry
into employment and Worst Forms of Child Labour Convention (No. 182) prohibiting children
below 18 years from entering into any kind of worst form of child labour.
Despite various provisions in the constitution and international instruments, prevalence of child
labour in Afghanistan is a hard reality. It is estimated that around 1.9 million Afghan children
between age cohorts of 5-14 years are child labourers.12 Situation of child labour is worse in
rural areas where 14% of all children work as against 6 % in urban areas. 13 As elsewhere, a
higher proportion of boys (17%) are into economic activity compared to girls (9%).
Child labour in the country is primarily supply driven. A multitude of mutually interlinked
factors such as low household income, high dependency ratio, parental illiteracy and
disintegrating informal social support system push children to join labour market at an early age
at the cost of their education, health and other developmental requirements. The demand for
cheap labour also plays its part in further accentuating the problem of child labour. At the work
place, children not only work in traditional agriculture sector but also in urban informal sector as
street vendors, rag pickers, auto mechanics, carpet weaving, domestic servants, and in the brick
kilns involving unsafe, unhealthy and hazardous work environment. Instances of involvement of
Afghan children in worst form of child labour activities such as in mines, opium trafficking,
armed forces and groups and sexual exploitation are not uncommon. Given the nature, forms and
magnitude of the problem and most importantly its persistence over time, there is a need to
accord priority attention to the issue of child labour in policy making.
Developing a National Child Labour Policy
The ultimate objective of the child labour policy of the state of Afghanistan is to abolish child
labour in all economic activities. However, in view of the large number of child labour being
generated by the economic needs of the family and buttressed by the culture of poverty and even
religious sanction, the immediate objective will be to abolish it from the hazardous industries and
worst form of labour and regulate in others until it can be eradicated altogether. An enabling
legislation in this regard would be the best instrument to give effect to the policy, backed by
effective enforcement.
Extending Social Assistance Benefits to Child Labour Families
As mere legislative and administrative action will not suffice, the state shall therefore also needs
to extend benefits of social assistance programme to the child labour families for reducing their
poverty and initiate massive campaign for awareness building for the purpose building universal
consensus against child labour. A convergence action plan in this regard needs to be evolved at
national, provincial and district level with the involvement of all relevant Ministries/Departments
and social partners for a focused and synergetic effort towards elimination of child labour.
12
Women and Men in Afghanistan: A Handbook of Baseline Statistics on Gender, MoWA, 2007
13
As per NRVA (2007/08) estimates.
Linking Working Children to Education System
As schools are the best place for the children, therefore all identified working children should be
brought into the fold of the education system and special method of teaching should be evolved
to compensate them for their lost years of education. Provision of food, stipend, health and
shelter homes should be made conditional to ensure their continuous attendance and prevent
dropouts.
Compilation of Accurate Data on Child Labour
Compilation of accurate and dis-aggregated statistics on child labour across gender, hazardous
and non-hazardous occupations/processes and worst forms of child labour etc., can’t thus be over
emphasized for facilitating educational and other kinds of interventions.
2.5.2 Bonded Labour
The Context
The extent and magnitude of bonded labour in Afghanistan is not exactly known for want of any
quantitative data. However, it is widely accepted that the system of bonded labour is prevalent
not only in traditional agriculture sector but also in informal economy activities such as brick
kilns, carpets, mining-stone crushing etc. Debt bondage seems to be the most important form of
bondage in the country wherein the middlemen recruit poverty ridden workers for certain
number of months by extending advances. In many instances, children below 14 years of age are
found to be working as bonded labour especially in the brick kiln sector. As in the case of child
labour, existence of bonded labour is attributed to extreme poverty, illiteracy, landlessness and
most importantly to traditional feudal social relations. Migrants, women, children, and minorities
are particularly vulnerable to bonded labour in Afghanistan.
The Afghan constitution has forbidden forced labour (Article 49) and also categorically states
that being in debt doesn’t limit a person’s freedom or deprive him/her liberty (Article 32). The
country has also ratified two specific conventions relating to bonded labour – the abolition of
Forced Labour Convention (No. 105) which provides inter alia for complete abolition of debt
bondage and serfdom and Worst Forms of Child Labour Convention (No. 182) that deem debt
bondage as a worst form of child labour. In addition, the country has also ratified Protection of
Wages Convention (No. 95), which provides that wages shall be paid regularly to all workers,
including bonded labourers. The labour law of the country too prohibits compulsory work under
the menace of threat or against the will of the worker (Article 4). Despite of this, bonded labour
system still persists in Afghanistan primarily due to preponderance of informal and exploitative
work arrangements, weak regulatory and enforcement machinery and lack of visibility of bonded
labourers in the official statistics.
The sole objective of the government policy on bonded labour should be its immediate abolition
through a twofold strategy of effective enforcement of legislative provisions and directing
promotional social assistance measures towards bonded labourers and their families by declaring
such families as extremely vulnerable groups under the ‘labor program’.
Strong Legislative Frameworks
Abolition of bonded labour system entails the necessity of strong legislation against bonded
labour system. Identification of bonded labour is very difficult, if normal procedures are
followed. If circumstantial evidence such as indebtedness or the payment of wages less than
minimum wages exists 14 , it should be presumed that it is a case of bonded labour and the
employer should be prosecuted. It should be incumbent on the bonded labour keeper to prove
that s/he is innocent. A strong inspection system is also required as the informal activities into
which bonded labourers were recruited are mostly located in remote and far-off places and into
seasonal-manual jobs, thereby making them invisible in the eyes of the law.
But prevention is better than cure. Bonded labour is generated because of poverty and want of
regular employment with living wages, and poverty-induced migration. All these make the
working poor vulnerable to various kind of exploitative techniques including debt bondage and
will be addressed by the government legislatively and administratively.
Close co-operation from trade unions, employers’ and civil society is essential in implementing
legislative measures and other programmes relating to prevention, identification, release and
rehabilitation of bonded labourers. The trade unions and the civil society by extending their
presence in the informal economy can play significant role in organizing and empowering
bonded labourers and improving their conditions of work and living conditions.
Migration Management
Migrant labourers appear particularly vulnerable to bonded labour exploitation today, through
deceptive work arrangements and false promises of well-paid, decent work. Many of these
migrant workers later at workplace enter into forced labour situation. Migration thus needs to be
regulated. Migrant Workers’ Act needs to be legislated in order to identify and track movement
of migrants so that they can be cared for. The Act by providing registration of establishments and
labour contractors should bring improvement in the recruitment system, working conditions, and
wages of migrant workers. The migrant workers need to be legally given domicile certificates at
the place of work so that they enjoy citizenship rights such as housing facilities and other social
security benefits.
14
After fixation of minimum wage by the wage board as proposed under this policy.
Extending Promotional Social Assistance Measures

Promotional social assistance measures strongly helps in eliminating the root causes of the
bondage. Therefore, sufficient attention needs to be given towards extending social assistance
measures such as cash and food transfers, land and assets distribution, skill development, micro-
finance and SHG schemes, access to health care and children’s education etc., for enhancing
income levels of the bonded labourer households and ensuring their inclusion into the
mainstream society. This requires high degree of co-ordinated convergent action across various
ministries and departments in terms of reaching out to the bonded labourers and providing them
access to government schemes for improving their assets base and livelihood options.
Compilation of Reliable Statistics, Undertaking Research and Awareness generation

Programmes
Compilation of accurate and reliable statistics and undertaking research studies on bonded labour
not only helps in quantifying the extent and magnitude of the problem (across sectors & regions)
and diagnosing its underlying causes but also in identification and release of bonded labourers.
Further, this process helps in designing appropriate rehabilitation policy and in generating
community and societal awareness.
2.5.3 Women Workers
The government will implement the labour legislation relating to equal pay for men and women
performing equal value of work and thereby will ensure non-discrimination in payment of wages.
Further, the government is committed to provide women with equal opportunities in
employment, promotion, career advancement and in access to vocational training and skills
development.
Government will prohibit employment of women in dangerous occupations, working in night

shifts and develop code of conduct to address sexual harassment at workplace.
Further, in order to promote women’s employment, government will provide reservation on jobs,
maternity benefit and day care arrangements for their children.
2.6 Improving Labour Administration System
The Context
The society is dynamic so does the labour and employment scenario. To cope of with the
changes that are taking place at national and international level, affecting labour and
employment, legislations regulating labour and employment require periodical review. Further,
to ensure proper compliance of the labour legislation by employers, inspections are to be
conducted from time to time by officials of the labour inspectorate. The labour inspection will
not only reveal quality of compliance but also identify gap in compliance for which it would take
appropriate legal action against the defaulting employers.
Review and Rationalization of the Labour Legislation
The government will constitute a Working Group with representation from MoLSAMD,
Ministry of Justice, workers and employers organizations and with technical support from the
international agencies, to review the labour legislations of 2006 and labour regulations,
regulating labour and employment matters, to identify gaps and draft appropriate amendments as
required in the light of social and economic changes. The review shall cover all aspects of the
labour legislation relating to enforcement and sanction, statutory labour rights, collective
bargaining, industrial relations and other issues. Deterrent punishments need to be provided in
the labour law for violations of the provisions of the labour code and regulations. In absence of
the punishment, inspections would remain only a kind of awareness programme.
This policy advocates periodical review of labour laws.
Strengthening of Labour Inspection Machinery
The government will strengthen institutional capacity of labour inspection machinery at the
national, provincial, districts and sub-district level by posting adequate number of labour
administrators with defined civil jurisdiction and by allocating necessary financial resources.
Further, the government will develop the capacity of the labour administrators through training
and statutorily empower them to function effectively and ensure compliance in accordance with
the provision of the law. The objective of the inspection wouldn’t be achieved unless provision
of the punishment for the violations of the law is provided.
3 IMPLEMENTATION, MONITORING AND EVALUATION FRAMEWORK
3.1 Implementation
As per the Government of Islamic Republic of Afghanistan (GoIRA), allocation of business

procedure, matter pertaining to labour, employment and social affairs have been entrusted to the
Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD). Therefore, primary
responsibility of implementing the National Labour Policy (NLP) lies with MoLSAMD and
within MoLSAMD, DM, Labour Affairs and DM, Social Affairs will play pivotal role in
implementing the labour policy.
However, since NLP has many proposals which cut across the respective allocation of business
rules of many line Ministries, so the Ministries such as Ministry of Education (MoE), Ministry of
Higher Education (MoHI), Ministry of Agriculture, Irrigation and Livestock (MoAIL), Ministry
of Economy (MoEc), Ministry of Mines (MoM), Ministry of Justice (MoJ), Ministry for Rural
Rehabilitation and Development (MoRRD), Ministry of Women Affairs (MoWA), Ministry of
Commerce and Industry (MoCI) and Central Statistical Organisation (CSO), will also play
complimentary and supportive role in implementing the various components of NLP coherently.
Further, as labour and employment is a subject matter of both the federal and provincial
government, so at the provincial level, the Department of Labour, Social Affairs, Martyrs and the
Disabled (DoLSAMD) will play the lead role, while corresponding line departments will play the
supportive role. In a nutshell, active co-operation and co-ordination between line Ministries at
the national level, departments at the provincial level and MoLSAMD and DoLSAMDs will
determine the very success of the implementation of the NLP.
The tripartite partners of the Government i.e. the workers and employers’ organization will play
an instrumental role in implementing the NLP through effectively participating in various
tripartite forums proposed to be created under the policy. The civil society and the NGOs will
play a connecting role between the people and the government, and will help in effective
implementation of the NLP.
Many of the ongoing programmes in the labour and employment field being implemented with
technical and financial support of the donors, donor such as ILO, IDA, EU etc will continue to
play an important role in the implementation of the NLP. Therefore, co-ordination between
MoLSAMD and donors will be quite critical.
Financial requirement for implementation of NLP to the extent possible should come from the
national budget on sustainable ground. However, donors should come forward in meeting the
fund gap and in providing technical services.
3.2 Monitoring
The National Priority Programme (NPP) or the ‘labor programme’, has established an Inter-
Ministerial Committee on Labor and Employment Generation with the broad objective of
guiding government policy on employment generation and training. It would therefore, be quite
logical that this Inter-Ministerial Committee will be the apex monitoring authority and will
monitor the implementation of the NLP on a bi-annual basis.
The NPP has also established a technical working group on National Labour Policy to address
the issues relating to the labour policy including monitoring mechanism on a quarterly basis.
Therefore, this working group will monitor the progress of the implementation of the NLP and
will recommend its findings to the Inter-Ministerial Committee through the Steering Committee.
One of the indicators for measuring the progress of NLP could be reduction of the number of
working poor in the informal labour market.
3.3 Evaluation and Review
Evaluation of the implementation of NLP will be conducted after a gap of three years and an
evaluation report will be prepared with the help of the line ministries/provincial departments,
tripartite partners, donors/international agencies and civil society partners. The evaluation will
look into each components of the NLP – proposed policy interventions, extent of
implementation, impact of NLP and corrective actions required, if any. Data required for
monitoring and evaluation of the NLP will be identified and analyzed by the LMIAU unit of the
MoLSAMD. Upon completion of evaluation, the evaluation report will be disseminated to all
stakeholders.
The evaluation reports will form the basis of the review and update of the NLP through extensive
dialogue and consultative process. The MoLSAMD will be primarily responsible for the review
in coordination with the Inter-Ministerial Committee on Labour and Employment Generation
and the tripartite partners. The first consultative review will take place after 3 years of its first
adoption.
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National Labour Policy: Government of Islamic Republic of Afghanistan

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National Labour Policy: Government of Islamic Republic of Afghanistan

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Government of Islamic Republic of Afghanistan

Ministry of Labour, Social Affairs, Martyrs and Disabled

NATIONAL LABOUR POLICY

Sl. No CONTENTS Page No.

ACCI Afghan Chamber of Commerce and Industry

1.1 The Context

1.3 Vision Statement

The Labour Policy of Islamic Republic of Afghanistan envisions an industrially advanced

1.4 Mission Statement

1.5 Policy Objectives

experience of the workers. While development of collectivity entails cooperation among

1) A modern and well-structured national vocational education and training system

1.6 Purpose and Scope of National Policy

1) Enterprises/establishments irrespective of size or sector, both in the formal (public and

2. CONTEXT, RATIONALE AND POLICY INTERVENTIONS

2.1 Skill Development and Labour Market Institutions

2.1.1 Skill Development for Employability and Enhancing Productivity

Given the importance of skill development in enhancing employability, productivity and

Development Programme (2007) being implemented by MoLSAMD in partnership with MoE

 Affirmative action in the form of stipends, fellowships, awareness generation etc. to

2.1.2 Improving and Strengthening of Labour and Employment Statistics

Greater Co-ordination among CSO and MoLSAMD

Developing a National Industrial and Occupational Classification

A National Industrial Classification (NIC) and National Classification of Occupation (NCO)

Establishing a Labour Market Information System (LMIS)

2.1.4 Restructuring and Expansion of Employment Service Centers (ESCs)

Expansion of ESCs to all Provincial Headquarters

Compulsory Notification of Vacancies

Integration of Private Employment Agencies with the ESCs

Establishment of Linkage and Improved Contact with Stakeholders of ESC

Upgrade ESC Staff Capacities and Infrastructure Facilities

2.2 Working Conditions and Wages

2.2.1 Ensuring Decent Conditions of Work

Welfare at Work Place

2.2.2 Occupational Safety, Health and the Environment at Work Place

Afghanistan is characterstised by very high proportion of illiterate and unskilled workforce

Review and Amendment of Legislation, and Establishing a National Regulatory Authority

 Defining rights and responsibilities of employers and employees;

Establishing Enterprise Level Consultative Forums for Creating Awareness

Undertaking Skill Training and Capacity Building Programme

Capacity Building of workers and employers’ organizations shall be undertaken by the

Promoting Research and Compilation of Statistics

2.2.3 Minimum Wage and Payment of Wages

Ensuring the Payment of Wage

Fixation of the Minimum Wage

Ensuring Equal Wage for Woman and Man

Provision of Relief in Matters relating to Wage Payment

2.3 Promoting Sound Industrial Relations Scenario

As growing industrial production is a pre-requisite for overall economic growth and

Strengthening of the Worker Organisation

Strengthening and Promoting Tripartite Forums

Creating Forums for Prevention and Settlement of Industrial Disputes

Conciliation Mechanism: The government is required to intervene in the disputes between

Labour/Industrial Courts: Disputes not settled through conciliation/mediation or arbitration are

Regulation of Strikes and Lockouts

Creating Effective Grievance Redressal Mechanism

An effective grievance redressal mechanism is necessary for preventing individual or collective

2.4 Social Security

Expanding and Strengthening of Promotional Schemes

Introduction of Social Security Legislation for Private Sector Enterprises

Awareness Generation and Capacity Building

2.5 Vulnerable Groups in the Labour Market

2.5.1 Child Labour