The agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on labor activity and protection of the rights of the migrant workers, citizens of the Republic of Kazakhstan who are temporarily working at the territory of the Republic of Tajikistan on labor activity and protection of the rights of migrant workers, the citizens of the Republic of Tajikistan who are temporarily working at the territory of the Republic of Kazakhstan

of May 4, 2006

The government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan which are hereinafter referred to as by "Parties"

proceeding from commitment to fundamental documents of the United Nations in the field of human rights and to the principles developed within the International Labour Organization;

based on the principles underlain in the Agreement on cooperation in the field of labor migration and social protection of migrant workers of April 15, 1994 between the State Parties of the Commonwealth of Independent States;

referring to the Contract on bases of relations between the Republic of Kazakhstan and the Republic of Tajikistan of January 13, 1993;

for the purpose of development of the legal basis of bilateral cooperation in the field of labor activity and social protection of citizens of the Republic of Kazakhstan and the citizens of the Republic of Tajikistan who are temporarily working at the territories of both states;

aiming at assistance of development of processes of legal labor migration;

agreed as follows:

Article 1

For the purposes of this agreement stated below terms mean the following:

"migrant worker" - person who is constantly living in the territory of the Party of departure who legally is engaged in paid labor activity in the territory of the state of the Party of employment;

"The party of departure" - the state in the territory of which migrant workers live constantly and migrate towards employment for occupation paid labor activity;

"The party of employment" - the state in the territory of which the migrant workers who arrived from the Party of departure perform paid labor activity;

"the employer (employer)" - legal entity or physical person of the Party of employment with which the migrant worker consists in employment relationships.

Article 2

Action of this agreement extends to migrant workers.

This agreement is not applied to:

to refugees and displaced persons;

to persons who are engaged in individual business activity, to actors and athletes.

Article 3

According to the international standards in the field of human rights, the Party shall respect and provide protection of the rights of migrant workers, not allow any forms of discrimination on the basis of sex, age, race, language, ethnic and social origin, nationality, marital and property status, and also on any other sign.

Article 4

Bodies, authorized to represent the Parties in case of accomplishment of this agreement, are:

from the Republic of Kazakhstan - the Ministry of Labour and Social Protection of the population.

from the Republic of Tajikistan - the Ministry of Labour and Social Protection of the population.

Authorized bodies have the right to attract other competent authorities of the Parties to permission of the questions connected with this agreement.

The government of the Republic of Tajikistan in need of the purposes of ensuring accomplishment of regulations of this agreement can form representative office of authorized body under Embassy of the Republic of Tajikistan.

Article 5

Entrance of migrant workers on the territory of the Party of employment, their labor activity, stay and departure are performed according to the legislation of the Party of employment.

The parties have the right to demand early termination of employment relationships and return of the migrant worker towards departure in cases of violation of the legislation of the Party of employment by it.

Article 6

The labor activity of the migrant worker is performed based on the individual employment contract (contract) signed with the employer in one or more languages according to the legislation of the Party of employment.

The individual employment contract (contract) shall include data on obligations of the employer and the migrant worker, specification on the employer and the migrant worker, profession/specialty on which the last finds a job information on nature of works, advanced training, conditions and compensation, duration of the main working hours and time of rest, accommodation conditions, on procedure for covering of transportation expenses, on medical attendance and work accident insurance, methods of permission of employment disputes, effective period of the individual employment contract (contract) and conditions of its termination.

In case of the termination of employment relationships upon the demand of the migrant worker the employer represents it the reference certified by seal on employment duration and the salary monthly.

Article 7

The parties for the purpose of creation of favorable and mutually acceptable conditions for implementation of labor activity by migrant workers:

inform each other on national legal systems of the states in the field of labor migration and the needs of the labor market of the Parties for labor power;

exchange lists of the legal entities and physical persons having the license for the activities connected with attraction and export of foreign labor power abroad;

undertake necessary measures for the purpose of prevention of employment of migrant workers by the intermediaries who do not have the corresponding licenses of competent authorities of the Parties;

promote development of regional cooperation in the field of labor migration with transfer of appropriate authority to regions of the Parties;

after entry into force of this agreement in short terms will develop and will sign the Agreement on the simplified procedure for involvement of migrant workers for labor activity on seasonal agricultural works.

Article 8

Migrant workers use social insurance according to the legislation of the Party of employment.

Medical attendance of migrant workers is performed at the expense of means of the employer if it is provided by the employment contract (contract).

Article 9

The parties recognize without legalization diplomas, certificates on education, the relevant documents on assignment of rank, the category, qualification and others documents, necessary for implementation of labor activity, and their transfer into state language of the Party of employment or Russian certified of the procedure established in the territory of the Party of departure.

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