of July 28, 2006 No. 202
About social partnership, agreements and collective agreements
This Law determines organizational, legal, economic basis, procedure for functioning of system of social partnership as most important form of regulation of the social and labor and related economic relations promoting strengthening of social cooperation and public consent.
In this Law the following basic concepts are used:
- social partnership - cooperation of participants of the social and labor relations aimed at providing coordination of interests of workers, employers and bodies of the state executive authority;
- system of social partnership - the principles and procedures by means of which on various structures and levels interaction of participants of the social and labor relations with the purpose of achievement by them of consent, adoptions of joint decisions, implementation of coordinated actions and the prevention of conflict situations will be organized;
- the social and labor relations - set of the relations between workers and employers;
- the parties of social partnership (further the Parties) executive bodies of the government, workers and employers on behalf of representatives in accordance with the established procedure their representatives;
- bodies of system of social partnership - the commission on regulation it is social - employment relationships of appropriate level, created by social partners on a parity basis and the principles of equal cooperation;
- the employer - relevant organ of the government, the legal entity, and also its representations and branches, and physical person which by the legislation is granted the right of the conclusion and the termination of the employment contract (contract) with the worker;
- the representatives of employees bodies of labor unions and their associations (republican, industry, regional, city, district) authorized on representation according to their charters, the bodies of public amateur performance formed on general meeting (conference) of employees of the organization, and authorized by them;
- the worker - person consisting in employment relationships with the employer based on the signed employment contract (contract);
- merging of employers - the form of non-profit organization based on membership of employers;
- the agreement on social partnership - the legal act governing the social and labor relations between workers, employers, bodies of the executive government, industries, professions;.
- the collective agreement - the legal act governing the social and labor relations at the companies, the organizations and organizations (further - the organization), and concluded between the employer and workers on behalf of their authorized representatives;
- collective bargainings - method of development and adoption of joint decisions on the questions covering subject of social partnership.
The legislation of the Republic of Tajikistan on social partnership, agreements and collective agreements is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts, recognized, the Republic of Tajikistan.
The purposes of social partnership are:
- realization of labor rights and protection of social and economic interests of citizens of the Republic of Tajikistan according to guarantees of the Constitution of the Republic of Tajikistan, the legislation and other regulatory legal acts of the Republic of Tajikistan:
- assistance to regulation of social and labor questions, including question of establishment of the size of the salary;
- increase in the income of workers on the basis of increase in labor productivity and production efficiency;
- creation of the effective mechanism of regulation of the social and labor relations;
- carrying out collective bargainings, mutual consultations, development and the conclusion of collective agreements and agreements according to the legislation of the Republic of Tajikistan;
- prevention of collective employment disputes and assistance to permission is social - labor disputes;
- strengthening and development of the social and labor relations on the basis of democratic principles;
- creating favorable conditions for providing, employment of the population of the Republic of Tajikistan and market development of work.
The basic principles of social partnership are:
- obligation of the conclusion of agreements and collective agreements in case of interest of workers and (or) the employer on behalf of their representatives authorized in accordance with the established procedure;
- equality of participants;
- polnomochnost of agents of the parties;
- respect of interests of the Parties;
- liberty of choice in discussion of the questions constituting contents of collective agreements and agreements;
- voluntariness of adoption of obligations by the Parties;
- obligation of execution of the provisions of collective agreements and agreements accepted by the Parties;
- responsibility of the parties for non-execution of the assumed liabilities, decisions, agreements and agreements;
- mutual control and openness before partners;
- reliability and regularity of information on questions of activities of the Parties.
Forms of implementation of social partnership are:
- negotiations and consultations;
- development, acceptance and implementation of joint decisions;
- conclusion of agreements and collective agreements;
- mutual informing Parties on accomplishment of undertaken obligations.
The main body of system of social partnership at all levels are the tripartite (bilateral) commissions. From the commission collective bargainings are conducted, agreements and collective agreements are prepared and signed, and also the course of their accomplishment is considered.
Activities republican, the industry and territorial commissions are performed according to Regulations on the tripartite commission on regulation socially - employment relationships in the Republic of Tajikistan, the approved Government of the Republic of Tajikistan in coordination with associations of employee representatives and merging of employers.
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The document ceased to be valid according to Article 365 of the Labor code of the Republic of Tajikistan of July 23, 2016 No. 1329