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Convention on legal status of migrant workers and members of their families of the State Parties of the Commonwealth of Independent States

of November 14, 2008

The State Parties of the Commonwealth of Independent States which are hereinafter referred to as with the Parties

aiming to create conditions for providing the equal address concerning migrant workers, members of their families and citizens of the host party in that measure as it is regulated by its legislation and the international obligations,

understanding need of creating favorable conditions for movement of labor power on the territories of the Parties, based on their national interests,

for the purpose of effective regulation of labor migration flows, achievement of compliance of their amounts, directions and structure to interests of social and economic development of the Parties,

being guided by the principles of mutual understanding, tolerance, respect between representatives of various people, proceeding from interests of development of the Commonwealth of Independent States, commitment of the Universal Declaration of Human Rights of December 10, 1948, and also others fundamental documents of the United Nations and the Commonwealth of Independent States, obligatory for them, in the field of human rights and protection of the rights of migrant workers, agreed as follows:

Section I. Scope of application and determinations

Article 1

For the purposes of this Convention the stated below terms have the following values:

the migrant worker - person who is the citizen of one of the Parties, and also the person without citizenship who is constantly living in the territory of one Party, legally being and legally engaged in paid labor activity in the territory of other Party which citizen it is not and in which constantly does not live;

the border worker - the migrant worker who works at the border territory of one Party also keeps the permanent residence in the border territory of other Party where he returns every day or, at least, at least once a week;

the seasonal worker - the migrant worker whose work is in character connected with seasonal conditions also is carried out during the certain period of year;

the employer (employer) - legal entity or physical person which employs migrant workers on conditions and according to the procedure, stipulated by the legislation the host party;

the member of the family of the migrant worker - person who is married to the migrant worker and also the children and other persons who are in its dependence who are recognized family members according to the legislation of the host party;

The party of permanent residence - the state in the territory of which the migrant worker lives constantly and from which territory drives on the territory of other Party for implementation of paid labor activity;

the transit State - the state through which the migrant worker passes when following in the host party or from the host party towards permanent residence;

the host party - the state in the territory of which the migrant worker performs paid labor activity;

competent authorities - public authorities of the Parties which competence the questions connected with accomplishment of this Convention enter;

working conditions - set of factors of labor process and the production circle in which the labor activity of the person is performed, exerting impact on his health and working capacity in the course of work, and also durations of working hours and time of rest, procedure for provision of paid leaves, compensation and other working conditions established according to the legislation of the host party;

labor protection - the system of safety of life and health of migrant workers in the course of labor activity including the legal, social and economic, organizational and technical, sanitary and hygienic, treatment-and-prophylactic, rehabilitation and other actions and means established according to the legislation of the host party;

migration cycle - the period of time including departure from the Party of permanent residence, transit, entrance to the host party, stay and implementation of paid labor activity in the host party and also return towards permanent residence.

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