Contributed By Kakar Advocates LLC
The Labour Law is applicable to both domestic and foreign workers. Additionally, there is a regulation for foreign workers that provides, inter alia, that if both domestic and foreign workers are available for a position, priority should be given to domestic workers. This means foreign workers can only be hired if no Afghan employee with similar qualifications is available for the position. The employment of foreign workers is limited to their relevant specialisation.
Foreign citizens eligible for employment in Afghanistan must obtain a work visa in order to be able to enter the country. Work visas are generally granted upon presentation of an introduction letter of the employer and valid identity documents. The employee must subsequently obtain a work permit from the Ministry of Labour, Social Affairs, Martyrs and Disabled. Work permits are generally valid for the period of one year.