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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of December 16, 1999 No. 4475

About approval of the Regulations on working conditions of the workers occupied on seasonal works

According to Article 261 of the Labor code of Turkmenistan I decide:

Approve the enclosed Regulations on working conditions of the workers occupied on seasonal works.

 

President of Turkmenistan

Saparmurat Turkmenbashi

Approved by the resolution of the President of Turkmenistan of December 16, 1999 No. 4475

Regulations on working conditions of the workers occupied on seasonal works

1. This Provision regulates working conditions of the workers occupied on seasonal works (seasonal workers are referred to as).

2. The works performed owing to climatic conditions during the certain period of time (season), as a rule, not exceeding six months are recognized seasonal.

The list of seasonal works affirms the Cabinet of Ministers of Turkmenistan.

3. Operation of the legislation of Turkmenistan on work, and also the regulations established by this Provision extends to seasonal workers.

4. Persons accepted on seasonal works shall be warned about it in case of execution of an employment agreement (contract). In the order (order) on employment it shall be specified that this worker is accepted on seasonal work.

5. The employment contract (contract) in case of acceptance for seasonal works can be signed for the term which is not exceeding season duration.

In case of acceptance on seasonal works the probation period for the purpose of check of compliance of the worker to the work charged to it is not established.

6. Seasonal workers have the right to terminate the employment contract, having warned about it the employer in writing in three days.

7. The employment contract with seasonal workers can be terminated at the initiative of the employer in the following cases:

a) on the bases, stipulated by the legislation Turkmenistan about work;

b) in case of stop of works at the companies for the term of more than two weeks for the production reasons or when reducing amounts on them the performed (performed) works.

8. Providing seasonal workers with temporary disability benefits is performed according to the procedure, determined by the Law of Turkmenistan "About public welfare payments".

In disability cases owing to labor mutilation or occupational disease and also when the legislation of Turkmenistan establishes longer term of preserving place of employment (position) in case of certain disease, for seasonal workers the place of employment (position) remains before recovery of working capacity or establishment of disability, but for term no more than before the termination of operating time according to the employment contract (contract).

9. The consent of committee of labor union or relevant elected trade-union organ to dismissal of seasonal workers in connection with the expiration of the employment contract (contract) is not required. However such consent is necessary in case of dismissal of seasonal workers at the initiative of the employer before the agreement expiration.

10. Transfer of seasonal workers to other work at the same company, and also transfer to work to other company or to other area (even together with the company) is allowed only from written consent of the worker, except as specified, provided in Articles 27, of 28, and 139 Labor codes of Turkmenistan. The compensation and expenses connected with the translation are made according to legal acts of Turkmenistan for work.

11. The dismissal wage is paid to seasonal workers in cases, stipulated by the legislation Turkmenistan about work, and also in case of termination of the employment contract on the bases provided in the subitem "b" of Item 7 of this Provision.

The dismissal wage is paid to seasonal workers in the amount of at least two-week average earnings.

To the part-time employees occupied on seasonal works, the dismissal wage is not paid.

12. Average earnings during induced truancy from the date of dismissal before recovery at work or the terminations of term of work on the employment contract (contract) are paid to the worker illegally discharged from seasonal work according to the decision of body for consideration of employment disputes.

In the same order average earnings during induced truancy or wage differential during accomplishment of below-paid work are paid to the seasonal worker illegally transferred to other work.

13. Seasonal workers have no right to paid main leave or replacement with its monetary compensation, except for additional vacation for holding wedding celebrations, funeral and social leaves.

14. Providing seasonal workers with public welfare payments is performed according to the procedure, determined by the Law of Turkmenistan "About public welfare payments".

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