LAW OF TURKMENISTAN

of October 20, 2018 No. 78-VI

About the tripartite commission on regulation of the social and labor relations

This Law determines the legal basis of forming and activities of the tripartite commission on regulation of the social and labor relations.

Article 1. Structure of the tripartite commission on regulation of the social and labor relations

The tripartite commission on regulation of the social and labor relations consists of representatives of Turkmenistan of state body which is specially authorized by the Cabinet of Ministers (further – gosudarstyovenny body), the National center of labor unions of Turkmenistan and other representative body of workers (further – the employee representative) and associations of employers and plenipotentiaries of entrepreneurs (further – the representative of employers) (further – the parties).

Article 2. Legislation of Turkmenistan on the tripartite commission on regulation of the social and labor relations

The legislation of Turkmenistan on the tripartite commission on regulation of the social and labor relations (further – the Commission) is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. Purposes and tasks of the Commission

1. The purposes of the Commission are regulation of the social and labor relations and coordination of social and economic interests of the parties.

2. Tasks of the Commission are:

1) conducting tripartite negotiations, according to the labor law of Turkmenistan development and achievement of the conclusion of the General agreement between the parties;

2) assistance in settlement of the social and labor relations;

3) coordination of interests of the parties in the main directions of social and economic development;

4) carrying out consultations on the questions connected with project development of the laws and other regulatory legal acts of Turkyomenistan in the sphere of the social and labor relations and state programs in the sphere of employment relationships, employment of the population and social protection and implementation of the adopted programs;

5) consideration of the questions connected with accomplishment of the General agreement;

6) studying of the international experience, implementation of cooperation with relevant international organizations and the organizations of foreign states in the sphere of the social and labor relations;

7) carrying out consultations on the questions connected with ratification and application of the international documents in the sphere of the social and labor relations;

8) accomplishment of other tasks, predusmotyorenny this Law and other regulatory legal acts of Turkyomenistan.

Article 4. Principles of forming and activities of the Commission

The principles of forming and activities of the Commission are:

1) voluntariness of participation of the employee representative and representative of employers in activities of the Commission;

2) polnomochnost of the parties;

3) independence and independence of the parties;

4) equality of participants;

5) respect and accounting of interests of the parties;

6) liberty of choice of the list of the questions brought for discussion;

7) voluntariness of adoption of obligations by the parties;

8) obligation of execution of obligations assumed by the parties;

9) responsibility of the parties for non-execution of undertaken obligations.

Article 5. Forming of the Commission

1. The commission is created at the gosudarstyovenny level by means of maintaining between the parties of collective bargainings.

2. The representative office of the parties as a part of the Commission is determined by each of them independently according to this Law, other regulatory legal acts of Turkmenistan and charters of sootvetstyovuyushchy associations.

3. Agents of the parties are members of the commission. The number of members of the commission from each party shall not exceed seven people.

4. The matters of argument concerning representation of the employee representative and representative of employers in the Commission are permitted at meetings of their representatives or judicially.

Article 6. General agreement

1. The general agreement – the legal act establishing the general principles of regulation of the social and labor relations in Turkyomenistan and concluded between the parties.

2. The procedure for development and the conclusion of the General agreement and terms of its action are determined by the Commission.

Article 7. Regulations of the Commission

The regulations of the Commission are developed by the Commission. The procedure for activities of the Commission and its members is determined by Regulations of the Commission.

Article 8. Rights of the Commission

The commission has the right:

To carry out 1) with public authorities, local government bodies of consultation on the questions connected with development and program implementation of social and economic development of the state;

2) to participate in project development of the laws and other regulatory legal acts of Turkmenistan in the sphere of the social and labor relations and to give offers;

3) to consider interests of the parties in case of project development of the General agreement, its realization and accomplishment of decisions of the Commission;

To request 4) from the parties information on the signed and (or) concluded agreements governing the social and labor relations for the purpose of development of the corresponding recommendations;

5) to exercise control over the implementation of decisions of the Commission;

To request 6) in accordance with the established procedure from the companies, the organizations and organizations irrespective of legal form and pattern of ownership, and also from certain physical persons information necessary for implementation of the activities, regulatory legal acts of Turkmenistan in the sphere of the social and labor relations;

7) to participate in meetings on the questions connected with regulation of the social and labor relations;

8) to invite for participation in the activities of the agents of the parties who are not members of the commission and also scientists and other spetsialisyot;

9) to create working groups with involvement of scientists and other spetsiayolist;

10) to perform other rights, preduyosmotrenny this Law and other regulatory legal acts of Turkmenistan.

Article 9. Procedure for decision making of the Commission

1. The decision of the Commission is deemed accepted if all three parties voted for it.

2. The procedure for decision making by each party is determined by Regulations of the Commission.

3. The member of the commission not concordant with the made decision has the right to introduction of the offers and notes in the minutes of the Commission.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info