Agreement between the Government of the Republic of Kazakhstan and Government of the Azerbaijan Republic on labor activity and social protection of citizens

of October 22, 1999

The Azerbaijan Republic, temporarily working at the territory

The Republic of Kazakhstan, and the citizens of the Republic of Kazakhstan who are temporarily working at the territory of the Azerbaijan Republic

The government of the Republic of Kazakhstan and the Government of the Azerbaijan Republic hereinafter referred to as "Parties",

proceeding from commitment to fundamental documents of the UN in the field of human rights and to the principles developed within the International Labour Organization

for the purpose of development of multilateral cooperation in the field of labor activity and social protection of citizens of the Republic of Kazakhstan and the citizens of the Azerbaijan Republic who are temporarily working at the territories of both states

agreed as follows:

Article 1

For the purposes of this agreement stated below terms mean the following:

"national workers" - the persons who are constantly living in the territory of one of the Parties, and legally engaged in labor activity;

"employer" - the company, organization, the organization irrespective of patterns of ownership and departmental accessory, and also physical person which employ aside employments;

"The party of departure" - the state in the territory of which migrant workers live constantly and migrate to other state with intention to get job;

"The party of employment" - the state in the territory of which the migrant workers who arrived from other state temporarily perform the labor activity on the terms of the individual employment contract (contract);

"migrant worker" - person who is constantly living in the territory of the Party of departure who legally is engaged in paid labor activity aside of employment;

"family members" - members of the family of the migrant worker are the spouse (a) and minor children who are at him in dependence and other persons who are recognized family members according to the legislation of the Party of employment.

Article 2

Action of this agreement extends to migrant workers and members of their families.

Article 3

According to international treaties and the legislation of the Parties in the field of human rights, the Party shall respect and provide protection of the rights of migrant workers and members of their families, excepting any forms of discrimination on the basis of sex, age, race, language, ethnic and social origin, religious and political convictions, nationality, marital and property status, and also on any other sign.

Article 4

Bodies, authorized to represent the Parties in case of accomplishment of this agreement, are:

From the Republic of Kazakhstan - the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan;

From the Azerbaijan Republic - the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic;

Article 5

Entrance of migrant workers on the territory of the Party of employment, their labor activity, stay and departure, are performed according to the legislation of the Party of employment and international treaties signed between the states of the Parties.

Article 6

Concerning working conditions migrant workers use the mode at least favorable, than that which is applied to national workers according to the legislation of the Party of employment.

Article 7

The labor activity of the migrant worker is performed based on the individual employment contract (contract) signed with the employer according to the legislation of the Party of employment.

Article 8

In case of changes in the national labor market and according to bilateral agreements of the Party can enter measures of restrictive nature for provision of work for new migrant workers.

Article 9

Length of service, including the years of service assuming privileges, acquired during labor activity of the migrant worker in the territory of one of the Parties mutually is recognized the Parties.

In case of final departure from the territory of the Party of employment the employer issues to the migrant worker the certificate certified by the seal, on duration of labor activity and its payment (reflecting the salary for every month).

Article 10

Workers are migrants, performing works in the territory of the Party of employment, observe obligations and have the rights and services established by the legislation of this party.

Article 11

Workers are migrants and members of their families have the right to the general education, professional training and retraining on the same basis and on the same conditions, as national workers according to the general rules regulating acceptance in the relevant educational institutions of the Party of employment.

Article 12

The parties recognize without additional legalization diplomas, certificates and other state documents (the copy certified of notary offices) about the education and skill level issued according to the procedure established by the legislation of the Parties.

Article 13

Migrant workers have right to social insurance (sickness benefits, maternity allowances, benefits in case of labor mutilation and occupational disease, the help to burial, and also in all cases, according to the legislation of the Party of employment, covered by social security system) according to the legislation of the Party of employment.

Article 14

Questions of provision of pensions are regulated by the free standing agreement of the Parties.

Article 15

The employer guarantees to migrant workers the rights to labor protection, equal with national workers.

Indemnification, caused to the migrant worker by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by it is performed according to the legislation of the Party of employment.

The employer, in case of loss by the worker - the migrant of working capacity or death as a result of mutilation or other any damage to health, provides transportation of the victim or dead on the territory of the Party of departure, incurs all costs connected with it, informs diplomatic or consular representation of this Party with representation of materials upon death, accident or occupational disease.

Article 16

The employer pays transportation expenses of the migrant worker and members of his family from the place of permanent residence to the employer and back, and also the expenses connected with disease or necessary hospitalization during moving.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info