RESOLUTION MAJLIS OF ODI OF THE REPUBLIC OF TAJIKISTAN

of May 21, 1998 No. 599

About approval of the Regulations on the Commission on individual employment disputes

According to Article 194 of the Labor code of the Republic of Tajikistan the Majlisi Oli of the Republic of Tajikistan decides:

Approve Regulations on the commission on individual employment disputes it (is applied).

Regulations on the Commission on individual employment disputes

This Provision determines competence and operating procedure of the commission on individual employment disputes, and also addresses to it and terms of consideration of individual employment disputes.

I. Competence of the commission on individual employment disputes

1. According to Article 194 of the Labor code of the Republic of Tajikistan the commission on individual employment disputes is primary body for consideration on individual the employment disputes arising at the companies in organizations, the organizations (daleepredpriyatiya) except for of disputes on which the Labor code and other legal acts of the Republic of Tajikistan establishes procedure for their consideration.

In the commissions on individual employment disputes of divisions of the companies individual employment disputes vpredela of powers of these divisions can be considered.

2. The commission on individual employment disputes (further the commission) considers disputes over questions:

a) use of the established performance standards and price-work quotations, and also working conditions providing accomplishment of performance standards;

b) transfer to other work and compensations when translating;

c) compensations in case of failure to carry out of performance standards, idle time and marriage;

d) payments of overtime works and works at night, compensations for work on the weekend;

e) compensations in case of performance of works of different qualification, in case of combination of professions (specialties), in case of tenure of office;

e) payments of compensations in case of employment (including according to the procedure of the translation), business trips, transfer to other work (including to other area), the termination of the employment contract;

g) dismissal wage payments;

h) return of the sums of money withheld from the earned payment in compensation of the damage caused to the company, organization, the organization;

i) about the right and about the size due to the worker of award;

j) representations of annual leave, its payment and payment of monetary compensation for unused leave in case of dismissal;

k) remuneration payments for long service;

l) imposing of authority punishments;

m) issues, uses of overalls, special footwear, individual protection equipment, products of treatment-and-prophylactic food.

3. The commission is obligatory body for consideration as well other employment disputes connected using the legislation on work, collective and employment contracts, except for disputes, on questions, listed in item 4 of this provision.

4. The commission cannot consider disputes over questions:

a) setting standards of development (time), servicing regulations (standard rates of number), official pay rates and tariff charges, change of rates, change of states;

b) calculations, appointments and allowance payments on the national social insurance and pensions, calculation of working life for purpose of benefits and pensions;

c) calculations of working life for provision of remunerations, surcharges, privileges and benefits when the legislation establishes other procedure for consideration of these questions;

d) recoveries at work of the workers and employees dismissed at the initiative of the employer;

e) satisfactions of domestic needs of workers.

II. Procedure for the appeal to the commission

5. The employment dispute is considered by the commission if the raotnik did not settle issues in case of direct negotiations with the employer.

6. The worker in the right to file in the commission the written application personally or through the representative in the terms established by the Labor code of the Republic of Tajikistan. The employee representation shall be drawn up according to the legislation, and also by the certificate of powers of the representative the employer or representative body of the worker.

7. The employment dispute shall be considered by the commission in ten-day time.

III. Operating procedure of the commission

8. Commission session is held, as a rule, in working hours. The worker notifies on time and the venue of meeting in writing in advance. In absence of the worker on commission session examining of its statement is postponed until the next meeting which is held during the term of consideration of the application.

In case of secondary absence of the worker without valid excuse the commission can pass the decision on leaving of the statement without consideration. At the same time the worker has the right to the repeated appeal to the commission on the same bases within 3-month term.

9. Commission session is held with the equal number of representatives of employer and the worker.

10. On each commission session serially from among agents of the parties the chairman and the secretary is elected. The commission has the right to cause on meeting of witnesses, to invite specialists, to demand from the employer of submission of necessary documents, materials.

11. On each commission session the protocol of the established form is taken (appendix No. 1).

The protocol is signed on the commission session a representative and the secretary. The copy of the protocol in three-day time is handed to representatives of employer and representative body of workers. The protocol is hung out on the place for data of workers.

12. During commission session the worker has the right to declare motivated branch to any member of the commission.

On the declared branch the commission to make the decision in the absence of person concerning whom branch is declared.

In case of the statement of branch to all structure of the commission branch is considered by all her members.

13. The decision of the commission made on the substance of the declared branch is announced on commission session about what the corresponding entry in the protocol is made.

In case of satisfaction of the declared branch concerning certain members of the commission the meeting is held in their absence. At the same time the equal number of members of the commission of representatives of employer and workers is provided.

14. The commission makes the decision on the substance of dispute according to the requirement of Article 195 of the Labor code of the Republic of Tajikistan.

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