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Agreement between the Government of the Republic of Tajikistan and Government of the Kyrgyz Republic on labor activity and social protection of migrant workers

of May 6, 1998

The government of the Republic of Tajikistan and the Government of the Kyrgyz Republic which is hereinafter referred to as with the Parties

based on provisions of the Agreement on cooperation in the field of labor migration and social protection of migrant workers signed in Moscow on April 15, 1994;

in view of interests of the ethnic Tajiks who are constantly living in the Kyrgyz Republic and the ethnic Kyrgyz who are constantly living in the Republic of Tajikistan, aiming at development of cooperation in the social and labor sphere,

agreed as follows:

Article 1

Action of this agreement extends to persons, (migrant workers or members of their families daleeimenutsya), and being citizens of the Republic of Tajikistan or the Kyrgyz Republic, having the permanent residence in the territory of one of these states (the state of departure), and also the document confirming nationality, shown in case of entrance on the territory of other Party or departure which according to this agreement legally temporarily perform labor activity in the territory of the state of other Party (host state), and also on members of their families.

Article 2

"State of departure" - The party in the territory of which migrant workers live constantly and migrate to other state with intention to get job;

"Host state" - The party in the territory of which the migrant workers who arrived from other state perform the labor activity on the terms of the employment contract (contract).

"The worker - the migrant" (or the worker) - person who is constantly living in the territory of the state of departure which legally is engaged in paid activities in the host state.

Article 3

Migrant workers perform labor activity in the territory of the host state by execution of an employment agreement (contract) according to the legislation of the Party of entrance.

Contents of the employment contract (contract) constitute its conditions which establish the rights and obligations of the Parties, working conditions and its payments, effective periods and conditions of its termination.

In case of the expiration of the employment contract signed by the Parties, the specified term can be prolonged for one year, or for a period of up to 6 months.

Article 4

Bodies, actionees of this agreement (further hereinafter are referred to as - authorized as bodies), are:

in the Republic of Tajikistan - the Ministry of Labour and Employment of the Republic of Tajikistan;

in the Kyrgyz Republic - the Ministry of Labour and Social Protection of the Kyrgyz Republic.

For the solution of the questions connected with accomplishment of this agreement, authorities will create the joint working group which according to the offer of one of authorities holds meeting serially in the Republic of Tajikistan and the Kyrgyz Republic.

Article 5

Depending on situation in the labor market of the Republic of Tajikistan and the Kyrgyz Republic authorities annually, no later than November 30 will establish the annual number of migrant workers by mutual consent.

If the annual number of migrant workers will not be completely used in the current year, its rest cannot be used next calendar year.

Article 6

Entrance of the migrant worker and members of his family on the territory of the accepted state, their stay and departure from it are performed according to the legislation of this state taking into account its international obligations.

Authorities within the competence take necessary measures for acceleration of performing procedures, connected with document creation, migrant workers, necessary for labor activity, in the territory of the accepted state.

Article 7

Working conditions of workers are determined according to the legislation on work of the accepted state and the employment contract (contract).

Article 8

In case of termination of the employment contract (contract) in connection with the termination by the employer of the accepted state of the economic activity, reducing number or the state privileges and compensations according to the legislation of the host state for released on the specified bases of workers extend to the worker performing labor activity in compliance with Article 3 of this agreement. The employer represents to the released worker of means, sufficient for its return and family members to the permanent address in the state of departure.

If employment relationships of the worker performing labor activity according to Article 3 of this agreement will be stopped before the expiration of fixed term for the reasons which are not depending on the worker he has the right on the basis of the conclusion of the new employment contract (contract) with other employer of the host state to continue labor activity in the territory of this state for the period to the expiration defined by the initial employment contract (contract).

Transfer of the worker to other employer can be made only on condition of written consent of the worker.

Article 9

The procedure for the indemnification caused to health of the worker in connection with its labor activity in the host state performed according to Article 2 of this agreement is regulated by the Agreement on mutual recognition of the rights to indemnification, the mutilation, occupational disease or other damage of health connected with the execution of labor obligations by them signed in Moscow on September 9, 1994 within the CIS caused to workers.

Article 10

In case of the death of the driven worker the employer (The party of entrance) will organize transportation of body and personal property of the dead on the territory of the party of departure and incurs all costs connected with it, informs diplomatic or consular representation of this Party with provision of materials upon death.

Article 11

The taxation of labor earnings of the driven workers is performed according to the procedure and the sizes established by the legislation of the Party of entrance.

Article 12

The matters of argument connected using or interpretation of this agreement, are solved by consultations between the Parties.

Article 13

As this agreement does not provide other, provisions of the Agreement on cooperation in the field of labor migration and social protection of migrant workers signed in Moscow on April 15, 1994 are applied to the relations which are subject of this agreement.

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