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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 the different 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.

Article 2

Operation of this Convention extends to all migrant workers and members of their families which are in the territory of the host party on legal causes irrespective of floor, race, language, religion or beliefs, political or different views, national, ethnic or social origin, nationality of the Parties, age, economic, property, marital status or any other sign.

This Convention governs the relations developing during all cycle of migration of migrant workers and members of their families.

Article 3

Operation of this Convention does not extend on:

the persons sent by the Parties to the international organizations or hired by the international organizations, organizations or any of the Parties for accomplishment out of its territory of official functions which status is regulated by rules of international law or the corresponding international treaties which participants are the Parties;

the persons directed or hired by one of the Parties for participation out of its territory in implementation of development programs or cooperation which admission and the status is regulated by the corresponding international treaties with the host party and which according to these international treaties are not considered as migrant workers;

persons who, being citizens of one Party, perform work in the territory of other Party from name and for the benefit of the organization having branches (representations) in the territory of this other Party;

persons who are engaged in business activity if other is not stipulated by the legislation the host party and international treaties which participant she is;

persons petitioning for provision of the status of the refugee by it or shelters in the territory of the host party;

persons which received the status of the refugee or shelter in the territory of the host party;

the priests who are engaged in religious activities in officially the registered religious organizations of the host party;

seamen;

persons coming for the purpose of training;

persons accredited in the territory of the host party as the staff of representative offices of foreign firms or mass media.

Article 4

1. Each of the Parties according to the legislation can set for migrant workers restrictions in the relation:

work categories on hiring, occupation or activities for the benefit of this Party;

access to paid labor activity for the purpose of implementation of protection of the national labor market and providing the priority right of the citizens to occupation of vacant positions.

2. The rights of migrant workers and members of their families can be subject to restrictions, stipulated by the legislation the Parties, for the benefit of ensuring national security, public order, health and morality of the population or for protection of the rights and freedoms of other persons.

3. The party informs depositary on acceptance of the restrictions provided by this Article for migrant workers within 45 days from acceptance date of these restrictions.

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