of April 18, 2009 No. 30-IV
This Code governs employment relationships of persons working at the companies in the organizations and organizations, irrespective of legal form and pattern of ownership (further - the companies), at certain physical persons on the terms of the signed employment contract.
1. The purposes of the labor law of Turkmenistan are establishment of the state guarantees of labor rights of citizens, work creating favorable conditions, protection of the rights and interests of workers and employers.
2. The main objectives of the labor law of Turkmenistan are creation of necessary social and legal conditions and guarantees for realization of constitutional right of citizens for work, legal regulation of employment relationships, and also other relations, directly connected hardly, directed to achievement of economic growth, growth in prosperity of people, ensuring effective functioning of the labor market, development of social partnership between workers, employers, public authorities and local government bodies.
1. The labor law of Turkmenistan is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts of Turkmenistan containing regulations of labor right.
2. The laws of Turkmenistan and other regulatory legal acts of Turkmenistan containing regulations of labor right shall not contradict this Code.
3. Collective agreements shall not contain the conditions reducing the level of the rights and guarantees of the workers established by the labor law of Turkmenistan.
4. In case of contradictions between this Code and other regulatory legal acts of Turkmenistan containing regulations of labor right and also if collective agreements (agreements) contain the conditions reducing the level of the rights and guarantees of workers, then regulations of this Code are applied.
5. It is excluded.
Acts of the labor law of Turkmenistan are applied to the relations which arose after their introduction in action and have no retroactive force. The legal force of the act of the labor law of Turkmenistan extends to the relations which arose before its introduction in action in cases when it is directly provided by this act.
1. The labor law of Turkmenistan extends to employment relationships, and also the related relations arising in the territory of Turkmenistan if in these acts of the labor law other is not established.
2. Acts of local authorities of the government and local government bodies in the sphere of work are effective within the territory of the corresponding administrative and territorial units and shall meet standards of the labor law of Turkmenistan.
1. Action of this Code extends to the employment and related relations in the territory of Turkmenistan.
2. This Code is applied to all employers and workers who signed the employment contract in the territory of Turkmenistan if other is not established by the legislation of Turkmenistan or the international treaty of Turkmenistan.
3. This Code is applied to the employment and related relationships of separate employee categories (the military personnel, the government and other employees) in the cases provided by the corresponding legal acts of Turkmenistan for their activities or determining their legal status.
4. The regulations of labor right established by this Code and other regulatory legal acts of Turkmenistan extend to employment relationships of foreign citizens, stateless persons, employees of the international organizations, and also employees of the companies located in the territory of Turkmenistan by founders or owners (fully or partially) which foreign legal entities or physical persons are if other is not stipulated by the legislation Turkmenistan or the international treaty of Turkmenistan.
5. When the agreement of civil nature actually governs employment relationships between the worker and the employer, provisions of the labor law of Turkmenistan are applied to such relations.
6. This Code does not extend to the following persons (if according to the procedure, established by this Code, they at the same time do not act as employers or their representatives):
1) members of the boards of directors (supervisory boards) of the companies (except for persons which signed the employment contract with this company);
2) working under agreements of civil nature;
3) other persons if it is established by the legislation of Turkmenistan.
1. The right of citizens to work is guaranteed by the Constitution of Turkmenistan, including the right to choice of profession, occupation and place of employment, on healthy and safe working conditions, protection against unemployment.
2. Each citizen possesses exclusive right to dispose of the capabilities to productive and creative activity and to perform any activities which are not forbidden by the legislation of Turkmenistan.
3. Each citizen has the right to the free choice of place of employment by the direct address to the employer or by means of state bodies (services) of employment.
4. The state guarantees protection of labor rights. The minimum level of labor rights and guarantees for workers is established by this Code.
5. State bodies (services) of employment give free help to the population in matching of suitable work and employment.
6. If the worker cannot fulfill the labor duties in connection with emergence of the circumstances independent of will of the parties, except for the circumstances provided by part one of article 47 of this Code, its employment relationships are considered continued when he could not fulfill the labor duties. In such cases payment of the salary and other payments is performed according to the legislation of Turkmenistan.
1. Restriction in labor rights or receipt of any benefits in their realization depending on nationality, skin color, race, floor, origin, property and official capacity, the residence, language, age, the relation to religion, political convictions, party accessory or lack of belonging to any batch, and also other circumstances which are not connected with business qualities of workers and results of their work is not allowed.
2. The distinctions in the sphere of work caused by requirements or special care of the state of persons peculiar to this type of work needing the raised social and legal protection (women, minor children, persons with disability, etc.), established by the legislation of Turkmenistan are not discrimination.
3. Persons considering that they underwent to employment discrimination had the right to file the corresponding petition.
1. Forced or obligatory labor is forbidden.
2. Any work (service) demanded from any person under the threat of any punishment for which accomplishment this person did not offer the services voluntarily is considered forced or obligatory labor.
To forced or obligatory labor also treat the requirement from the employer the worker to fulfill labor duties in the absence of systems of collective or individual protection or in case accomplishment of required work can threaten life or health of the worker, and also violation of fixed terms of salary payment or its payment not in complete size, increase in duration of working hours without the corresponding compensation.
3. Are not considered as forced or obligatory labor:
1) any work (service) required in force of the laws about obligatory military service and applied to works of exclusively military nature;
2) any work (service) which is part of regular civil obligations of citizens;
3) any work (service) performed for the purpose of elimination of production accidents and in other similar cases;
4) any work (service) performed in the conditions of force majeure (in cases of the announcement of emergency or warlike situation, disaster or threat of disaster: the fires, floods, mudflows, earthquakes, epidemics or epizooty), and also in other cases threatening life or normal vital conditions of all or parts of the population;
5) any work (service) required for execution of the sentence which took legal effect or court orders under the supervision of state bodies according to the legislation of Turkmenistan;
6) the work performed according to the procedure of disciplinary punishment for administrative offense;
7) small social jobs, that is works performed for direct advantage of labor collective by members of this collective, and which therefore can be considered as regular civil obligations of members of collective.
Work of members of daykhansky associations, daykhansky farms and other agricultural enterprises is regulated by this Code, their charters, and also the legislation of Turkmenistan relating to activities of daykhansky associations, daykhansky farms and other agricultural enterprises.
Employment relationships are understood as the relations based on the agreement between the worker and the employer on personal accomplishment by the worker for a fee of labor function (work on certain profession, specialty, qualification or position), subordination of the worker to employment policies and procedures of the company when providing with the employer the working conditions provided by the labor law of Turkmenistan, the employment contract, the collective agreement (agreement).
Subjects of employment relationships are the worker, the employer, the employee representative, the representative of employer.
1. The parties of employment relationships are the worker and the employer.
2. The worker is the physical person who entered employment relationships with the employer. The worker performs activities (performs work, service) for specific profession, qualification, the category, class or position based on the employment contract.
The duties (works) which are carried out by the worker by certain profession, specialty, qualification, the category, class or position are determined by wage rate books of professions of workers, positions of employees, and also job descriptions (obligations) and provisions approved according to the procedure, established by the legislation of Turkmenistan.
3. Employer is the legal entity, irrespective of its form of business and pattern of ownership, or the physical person applying wage labor and entering with the worker employment relationships.
For the purposes of of this Code the employer physical person is recognized:
1) the physical person registered in accordance with the established procedure as the individual entrepreneur performing business activity without formation of legal entity;
2) the physical person entering employment relationships with workers for the purpose of personal servicing and the help with housekeeping, not being the individual entrepreneur.
4. Origin, change and the termination of employment legal relationship between the parties of the employment contract are drawn up by the order of the employer.
1. The worker has the right on:
1) the conclusion, change and termination of the employment contract according to the procedure and on conditions, established by the labor law of Turkmenistan;
2) provision to it the work caused by the employment contract;
3) the workplace corresponding to the conditions provided by state standards of labor organization and safe engineering, to requirements of sanitation and hygiene, the collective agreement (agreement);
4) complete and reliable information about working conditions, safe engineering and requirements of labor protection on workplace;
5) equal remuneration for work of equal value, without any discrimination, timely and in full receipt of the salary according to the profession, qualification, complexity of work, quantity and quality of the performed work, but not below the minimum size of the salary established by the legislation of Turkmenistan;
6) receipt of data on the salary added to it and the made deduction from it;
7) the rest provided with establishment of duration of working hours, the reduced working hours for separate professions and employee categories, provision of the weekly days off, non-working festive and memorable days, and also paid annual main and additional vacations;
8) professional training, retraining and advanced training;
9) scientific intellectual property, authorship for efficiency work or invention, and also remuneration for copyright;
10) consolidation, including in labor unions, and the accession to them for protection of the labor rights, freedoms and legitimate interests, and also in other public associations if other is not stipulated by the legislation Turkmenistan;
11) participation in enterprise management in forms, stipulated by the legislation Turkmenistan, collective agreement;
12) the remuneration established for authors of inventions and industrial designs, patents for which are granted to the employer or his legal successor and which are used in social production, developers (creators) of object of scientific intellectual property, and also in the cases provided by charters of the companies and the legislation of Turkmenistan on profit share (income), the scientific intellectual property received by the owner from use of object;
13) protection and upholding of the labor rights, freedoms and legitimate interests, and also personal data protection by all methods which are not forbidden by the legislation of Turkmenistan;
14) participation in development and acquaintance with the collective agreement (agreement);
15) guarantees and compensations, compensation of damage (harm), including moral, caused to his life, health or property in connection with execution of labor obligations by it according to the legislation of Turkmenistan;
16) the national pension insurance and social security on age, in case of disability, loss of the supporter and in other cases established by the legislation of Turkmenistan;
17) other rights provided by the labor law of Turkmenistan, the employment contract, the collective agreement (agreement).
2. The worker shall:
1) it is fair to fulfill the labor duties;
2) to carry out the established regulations (standard rates) of work;
3) to follow labor discipline, employment policies and procedures of the company;
4) to execute written and oral orders (orders) of the employer which are not contradicting the legislation of Turkmenistan, employment policies and procedures of the company, the employment contract, the collective agreement (agreement);
5) to follow rules, instructions, provisions and orders on labor protection and providing safe engineering of work;
6) to observe established procedure of document storage, material, cash and other values;
7) to provide observance of the established quality requirements of the made products, the performed works, the rendered services, not to allow scrap in work, to observe technological discipline;
8) to make thrifty use of property of the employer (including of the property of the third parties which is at the employer if the employer bears responsibility for safety of this property) and other workers;
9) to support the workplace according to the procedure and purity;
10) not to disclose the data entrusted it which are the state, trade and other secret according to the legislation of Turkmenistan;
Without delay to report 11) to the employer or the direct head about emergence of the situation posing threat of life or to human health, safety of property of the employer (including the property of the third parties which is at the employer if the employer bears responsibility for safety of this property);
12) to fulfill other duties provided by the labor law of Turkmenistan, the employment contract, the collective agreement (agreement).
1. The employer has the right:
1) to conclude, change and dissolve employment contracts with workers according to the procedure, established by this Code and other regulatory legal acts of Turkmenistan;
2) in case of employment to demand from the worker of submission of the documents provided by this Code, confirming the right and opportunity to be engaged in certain labor activity (work, service) and (or) to hold certain position;
To publish 3) within the powers acts of executive nature;
4) to demand from workers of accomplishment of conditions of the employment contract and employment policies and procedures of the company, and also careful attitude to property of the employer, including to the property of the third parties which is at the employer if the employer bears responsibility for safety of this property;
To establish 5) to the worker probation period in case of execution of an employment agreement;
6) to encourage workers;
7) to push workers to rewarding with the state awards, in elected bodies;
8) on cost recovery, connected with training of the worker;
9) to involve workers to disciplinary and financial responsibility according to the procedure, established by this Code and other regulatory legal acts of Turkmenistan;
10) to submit question of violation by the worker of labor discipline of labor collective;
11) on compensation of damage (harm) caused to it by the worker;
12) to create and enter associations of employers for the purpose of representation and protection of the rights and legitimate interests;
13) to have other rights provided by the labor law of Turkmenistan, the employment contract, the collective agreement (agreement).
2. The employer shall:
1) to observe the labor law of Turkmenistan, condition of the employment contract, the collective agreement (agreement);
To provide 2) to workers work according to the employment contract and the agreement of the parties;
3) to implement modern means of labor protection, to provide the working conditions meeting safety requirements and hygiene and preventing industrial injuries, occupational diseases;
4) to provide workers with the place of employment, means necessary for execution of labor obligations by them;
5) to create necessary working conditions to persons with disability according to the individual program of rehabilitation;
To provide 6) to workers equal pay for work of equal value;
7) timely and in full to pay the salary and to make other payments, stipulated by the legislation Turkmenistan;
8) to issue to the worker in case of salary payment of the data on the salary added to it and the made deduction from it;
9) to provide to the worker the information and documents connected with provision of pensions in the terms established by the legislation of Turkmenistan;
10) to organize and record working hours;
11) to hold collective bargainings, to sign collective agreements (agreements) according to the procedure, established by this Code;
To provide 12) to trade-union and other representative bodies of workers the complete and reliable information necessary for the conclusion of the collective agreement (agreement) and control of its accomplishment;
13) to provide access of workers to trade-union and other representative bodies to the company and workplaces, including in case of investigation of labor accidents (work), and also to render them assistance;
14) to create and provide functioning of archive of the documents confirming labor activity of workers, data on the salary, on assignments on the national pension insurance and also to transfer the relevant documents to the state storage according to the procedure, established by the legislation of Turkmenistan;
15) to provide proper order of registration of orders on acceptance, dismissal, movement of workers;
16) to ensure safety and accounting of personal data of workers, and also according to article 30 of this Code safety and accounting of service records, correctness of conducting records in them;
17) not to disclose personal data of workers and information on them;
18) to create the conditions providing participation of workers and trade-union bodies in enterprise management in forms, stipulated by the legislation Turkmenistan;
19) to render assistance to trade-union bodies in the organization of their factory job, and also to provide necessary conditions for their work, holding general meetings (conferences), other actions;
20) to provide workers with the social, medical and other services connected with execution of labor obligations by them;
21) to perform the national pension insurance of workers according to the procedure, established by the legislation of Turkmenistan;
22) to consider instructions of executive bodies, the state supervision and public control about the revealed violations of the labor law of Turkmenistan, to take measures for their elimination and to report to the specified bodies about the taken measures;
23) to indemnify loss (harm) caused to the worker in connection with execution of labor obligations by it, according to the procedure and on conditions, established by the legislation of Turkmenistan;
24) to stop work if its continuation creates threat of life or to health of the worker;
25) to fulfill other duties provided by the labor law of Turkmenistan, the employment contract, the collective agreement (agreement).
3. In employment relationships of the right and obligation of the employer are performed by physical person, governing body of the legal entity or person authorized by it according to the procedure, established by the legislation of Turkmenistan, and also constituent documents.
1. The basis for emergence of employment relationships is the employment contract signed between the worker and the employer according to this Code and other regulatory legal acts of Turkmenistan.
The actual assumption of person to work from permission or at the request of the employer or his representative irrespective of whether the employment contract was drawn properly up, also is the basis for emergence of employment relationships.
2. The basis for emergence of employment relationships in cases and procedure, established by this Code and other regulatory legal acts of Turkmenistan or the charter (provision) of the company, also is:
1) election of person on elective office;
2) election of person on tender on replacement of the corresponding position;
3) appointment of person to position or approval in position;
4) the direction of person for work with authorized state bodies on account of the established quota;
5) appointment of person to position after completion of the period of passing of military service and service in law-enforcement bodies at the call of, after term of office in elected bodies, completion of study or work on the direction of the employer, including abroad;
6) recovery at work by a court decision persons, illegally dismissed.
1. The employment contract is the agreement between the employer and the worker establishing the basic mutual rights and obligations of the Parties in employment relationships according to which the employer shall provide to the worker work (place of employment) on the caused labor function, provide the working conditions provided by this Code and other regulatory legal acts of Turkmenistan, timely and in complete size to pay the salary, and the worker shall perform the labor functions determined by this agreement, follow the employment policies and procedures of the company and other legal obligations provided by the employment contract, the collective agreement (agreement).
The employment contract is signed by the publication of the order of the employer on employment of person based on its written application.
2. Execution of an employment agreement between the employer physical person applying wage labor, and the worker is made according to the procedure, provided by Articles 288-300 of this Code.
3. In case of execution of an employment agreement with persons specified in part two of article 15 of this Code, the statement of the worker is not required.
4. Execution of an employment agreement with person is not allowed if according to the court verdict which took legal effect it is deprived of the right to hold certain position for certain term or to be engaged in certain activities, before the termination of this term.
Distinctive signs of the employment contract from other agreement types are:
1) accomplishment by the worker of labor function by certain profession, specialty, qualification or position according to job descriptions;
2) accomplishment of obligations with subordination to the internal labor schedule of the company;
3) receipt of the salary by the worker according to quantity and quality of work, complexity of the performed work;
4) availability of the working conditions provided by the labor law of Turkmenistan.
1. Employment contracts can be signed:
1) sine die (termless);
2) for certain term (urgent), but no more than for five years.
2. The terminal employment contract is signed in cases when employment relationships have no permanent character or cannot be established sine die taking into account nature of the forthcoming work or conditions of its accomplishment if other is not provided by this Code and other regulatory legal acts of Turkmenistan.
3. The terminal employment contract can be signed:
1) for replacement of temporarily absent worker for whom according to the labor law of Turkmenistan the place of employment remains;
2) for carrying out urgent works on prevention of the accidents, accidents, catastrophic crashes, epidemics, epizooty, and also for elimination of consequences specified and other force majeure;
3) with persons directed to work abroad;
4) for the period of accomplishment temporary (up to two months) works, and also seasonal works when owing to environment work can be performed only during the certain period of time (season);
5) with persons going to work on the companies which are in areas with severe or special climatic conditions (waterless, desert) if it is connected with moving to place of employment;
6) with persons going to work to employers - to small business entities, and also to employers physical persons;
7) for work, beyond regular activities of the company (reconstruction, installation, commissioning and other works), and also for work, connected with obviously temporary (up to one year) expansion of production or amount of the rendered services;
8) with persons going to work on the companies created for obviously certain period of time or for accomplishment of obviously certain work;
9) with persons accepted for accomplishment of obviously certain work in cases when its accomplishment (completion) cannot be determined specific date;
10) for the works which are directly connected with training and professional training of the worker;
11) with persons studying on day forms of education with the consent of the head of the relevant educational institution;
12) with persons working at this company part-time;
13) with retirement pensioners, and also with persons to whom for health reasons according to the medical certificate work only of temporality is resolved;
14) with creative specialists of mass media, organizations of cinematography, theaters, theatrical and concert organizations, circuses and the other persons participating in creation and (or) execution of works, professional athletes;
15) with the scientific, pedagogical and other workers who signed employment contracts for certain term as a result of the competition held according to the procedure, established by the legislation of Turkmenistan, regulatory legal act of public authority or local government body;
16) in case of election for certain term in structure of elected body or on elective office on paid work, and also revenues to the work connected with direct ensuring activities of members of elected bodies or officials in public authorities and local government bodies, and also in political parties and other public associations;
17) with persons directed to temporary works of employment by state body (service), including to carrying out social jobs;
18) with heads, deputy managers and chief accountants of the companies, irrespective of their form of business and pattern of ownership.
4. If in the employment contract the term of its action is not stipulated, then the agreement is considered the prisoner sine die.
5. If any of the parties did not demand termination of the terminal employment contract in connection with the expiration of its term, and the worker continues work after the expiration of the employment contract, then the employment contract is considered the prisoner sine die.
6. The employment contract signed for certain term in the absence of the bases, sufficient to that, established by the body exercising the state supervision and control of observance of the labor law of Turkmenistan, or court is considered the prisoner sine die.
7. The conclusion of terminal employment contracts for the purpose of evasion from provision of the rights and guarantees provided for workers with whom the employment contract sine die is signed is forbidden.
The employer has no right to demand from the worker of performance of work who is not caused by labor obligations, except as specified, directly stipulated by the legislation Turkmenistan.
1. The employment contract becomes effective from the date of signing by the employer of the order (order) published based on the written application of person going to work if other is not established by the labor law of Turkmenistan, the employment contract, the collective agreement (agreement), or from the date of the actual admission of the worker to work (service) from permission or at the request of the employer (authorized by it the representative).
2. The employment contract signed between the employer physical person applying wage labor and the worker becomes effective from the date of its signing by the employer and worker.
1. The employment contract is nullified if it is concluded:
1) under the influence of deception, threat, use of violence and other types of coercion;
2) for the sake of appearances, without intention to create legal consequences (the imaginary employment contract);
3) person not capable to understand value of the actions;
4) person recognized in accordance with the established procedure incapacitated owing to sincere disease or weak-mindedness.
2. Invalidity of the employment contract is recognized court.
1. Joint operation (service) at the same state company of faces consisting among themselves in close relationship or property (parents, spouses, brothers, sisters, sons, daughters, and also parents, brothers, sisters and children of spouses) is not allowed if their work (service) is connected with direct (direct) subordination or submission to control of one of them to another, except occupation of elective offices.
Persons specified in paragraph one of this part are subject to transfer to other work or to other area, or dismissal from work according to the procedure, established by this Code.
2. Exceptions of the rule provided by paragraph one of part one of this Article can be established by the legislation of Turkmenistan.
1. The employment contract is signed with person which reached age of eighteen years.
2. Execution of an employment agreement with person which did not reach age of eighteen years is allowed only from its consent and the consent of one of his parents (guardian), and also with the permission of guardianship and custody body, including in the organizations of cinematography, theaters, the theatrical and concert organizations, circuses for participation in creation and (or) execution of works if the labor activity will not interfere with it throughout study at school to do harm to his health and moral development. In this case the employment contract from employee name is signed by his parent (guardian), consent and permission to execution of an employment agreement are drawn up in writing.
3. Labor involvement of persons under the age of of eighteen years, is allowed by execution of an employment agreement with the reduced duration of working hours according to article 60 of this Code.
1. The unreasonable refusal in execution of an employment agreement is forbidden. Employers, the official or authorized by them persons bear the responsibility established by the legislation of Turkmenistan for unreasonable refusal.
2. The refusal in execution of an employment agreement is recognized unreasonable the relation:
1) persons directed to work with state body (service) of employment on account of quota of workplaces if according to the conclusion of healthcare institution they are not forbidden to carry out the corresponding labor obligations;
2) persons having the invitation letter for work (service) according to the procedure of the translation from other company for coordination between employers within one month from the date of dismissal from former place of employment;
3) persons which arrived after the termination of educational institutions to work (service) on the direction according to the request of the employer or the contract signed with it;
4) persons having the right to execution of an employment agreement based on the collective agreement (agreement);
5) women based on, connected with pregnancy, and also the having children under three years (the child with disability up to eighteen years);
6) persons with disability if according to the conclusion of medical examination the condition of their health does not interfere with accomplishment of professional obligations and does not threaten health and labor safety of other persons;
7) persons based on discrimination in employment relationships according to part one of article 7 of this Code.
8) the military personnel at the call of who arrived within three months after transfer to the reserve to the company from which they were called up for military service.
3. Upon the demand of person to whom it is refused execution of an employment agreement the employer shall no later than three days after its address report cause of failure in writing. The refusal in issue of motivated reasons for refusal in execution of an employment agreement can be appealed in court.
1. In case of execution of an employment agreement person shall show to the employer:
1) the identity document of the citizen of Turkmenistan (the passport or other document replacing it, the certificate of birth for persons aged up to sixteen years);
2) the document of military accounting for the persons liable for call-up and persons who are subject to conscription;
3) the service record, except as specified, when the employment contract is signed for the first time or the worker goes to work on the terms of combining jobs;
4) the diploma or other education document, about qualification or availability of special knowledge for the work requiring according to the legislation of Turkmenistan of vocational education or special preparation;
5) the medical certificate about the state of health and other documents on confirmation of other circumstances concerning work if their presentation is stipulated by the legislation Turkmenistan.
2. In case of execution of an employment agreement the employer has no right to require the documents which are not provided by this Code.
3. In some cases taking into account specifics of the state or other work (service) as the legislation of Turkmenistan in case of execution of an employment agreement need of presentation of additional documents can be provided.
1. Employment is drawn up by the order of the employer issued based on the statement of person going to work.
Registration for work of the worker to the employer physical person is the conclusion between them the employment contract according to part two of article 16 of this Code.
2. The order of the employer on employment appears to the worker on receipt in three-day time.
3. Upon the demand of the worker the employer shall issue him properly verified copy of the specified order (order).
4. In case of employment the employer shall:
1) to acquaint the worker with the charged work according to the job description, conditions and compensation, to explain its rights and obligations;
2) to inform the worker of collective agreements (agreements) and documents regulating the internal labor schedule;
3) to instruct the worker on safe engineering, occupational health, fire safety and other requirements for labor protection.
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