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LAW OF THE REPUBLIC OF TAJIKISTAN

of May 19, 2009 No. 528

About the state social standards

(as amended of the Law of the Republic of Tajikistan of 23.12.2021 No. 1842)

Chapter I. General provisions

Article 1. Coverage of this Law

1. This Law determines the legal basis of establishment and application of the state social standards, and also their structure.

2. This Law is not applied to the standards regulating requirements of safe engineering and product quality, goods, works and servicing (including to the standards existing in sectors to the social sphere).

Article 2. Basic concepts

In this Law the following basic concepts are used:

- the state social standards - the regulations and standard rates providing realization of the social rights of citizens guaranteed by the Constitution of the Republic of Tajikistan, and procedure for provision of these rights established by the state;

- system of the state social standards - set of the state social standards covering the main spheres of the social and economic relations;

- the main social and demographic national groups - the main categories of the citizens united on gender and age sign, social position and level of material security (able-bodied population, pensioners and children);

- level of living - set of the material and spiritual benefits and services providing satisfaction of vital needs of people.

Article 3. Object and subjects of regulation

1. Subject to regulation of this Law are the relations in scope of the state social standards between public authorities, self-government institutions of settlements and villages, the organizations and citizens of the Republic of Tajikistan.

2. The subjects of activities connected using the state social standards are the public authorities, self-government institutions of settlements and villages, the organizations and citizens interacting in the course of application of the state social standards.

Article 4. Legislation of the Republic of Tajikistan on the state social standards

The legislation of the Republic of Tajikistan on the state social standards is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 5. Establishment, application and control of observance of the state social standards

1. The state social standards are established in the form of regulatory legal acts and are obligatory for application in all territory of the Republic of Tajikistan.

2. The state social standards are subject to revision according to the procedure, stipulated by the legislation the Republic of Tajikistan.

3. Control of observance of the state social standards is exercised according to the procedure, established by the legislation of the Republic of Tajikistan.

Article 6. Purpose of the state social standards

The state social standards are established for the purpose of:

- determinations guaranteed structure and regulations of consumption by citizens of the main material benefits and services;

- carrying out single social policy in various regions of the country;

- uses as standard rates in case of reasons for budgets expenses of different levels on social needs;

- estimates of level of living of the population and course of realization of social policy;

- uses in case of development of social programs;

- reasons for need and establishment of the extent of the address public assistance to the population needing it.

Article 7. Basic principles of establishment of the state social standards

The basic principles of establishment of the state social standards are:

- ensuring compliance of the state social standards to the basic principles and directions of social policy;

- possibility of realization of constitutional rights of citizens by use of their own efforts and means, and also fair and rational richness of the country;

- ensuring social and economic justification of the state social standards;

- non-admission of decrease in level of living of citizens in case of development and implementation of actions for social and economic development of the republic and its regions;

- ensuring protection of interests of all social groups of society;

- use of international experience in case of development of the system of the state social standards;

- provision to citizens of information on the state social standards;

- ensuring social stability in society on the basis of development of system of social partnership.

Chapter II. Types and system of the state social standards

Article 8. Types of the state social standards

The state social standards are established in the form of the natural, cost, temporary and financial standards and standard rates regulating procedure for their establishment and application.

Article 9. System of the state social standards

The system of state standards covers the following main spheres of the social relations:

- compensation and employment relationships;

- employment and support of the unemployed;

- provision of pensions and social insurance;

- providing with mass market products;

- providing population with housing, municipal and household services;

- education;

- science;

- health care;

- physical culture and sport;

- culture;

- public assistance and social servicing of the population;

- providing ecological safety;

- protection of the social rights of citizens;

- use of mechanisms of the taxation and pricing.

Article 10. The state social standards in the field of compensation and employment relationships

1. The state social standards in the field of compensation provide establishment:

- the minimum wage within subsistence minimum;

- standard rates and payment procedure of work of workers of the budget sphere;

- procedure for wages indexation in case of excess of certain rate of inflation and detention of the salary;

- payment procedure of overtime works, work in days off and holidays.

2. The state social standards in the sphere of employment relationships provide establishment:

- procedure for employment and dismissal of workers, calculation of their working life;

- limit rate of duration of the working day, week, month;

- procedure for provision and duration of annual paid leaves;

- short working day for workers, busy on hard and underground work, works with harmful working conditions;

- mandatory requirements to safety and labor protections;

- procedure for the organization of compulsory insurance from labor accidents and occupational diseases.

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