Agreement between the Government of the Republic of Kazakhstan, Government of the Kyrgyz Republic and Government of the Republic of Uzbekistan on creation of legal, economic and organizational conditions for free movement of labor power

of March 14, 1997

The government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan which are hereinafter referred to as the Party

based on the Contract on eternal friendship between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan, signed in Bishkek on January 10, 1997;

being guided by intentions to jointly promote further development of forming of common economic space and total market of goods, services, the capitals and labor power,

agreed as follows:

Article 1

Conditions of free movement of labor power extend to citizens (further - "workers") who constantly live in the territory of one of the State Parties of the Contract on creation of common economic space between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan, and perform the labor activity at the companies, in organizations, the organizations of all patterns of ownership (employers) in the territory of other state of the agreement party according to the legislation of the Party entrance.

Article 2

Conditions of free movement of labor power do not extend on:

a) refugees and displaced persons;

b) persons coming specially for the purpose of education;

c) employees of diplomatic and consular establishments, and also the organizations which are using the diplomatic status, being in the territory of the country of entrance;

d) official representatives of the international, humanitarian, charitable organizations working at basis of intergovernmental agreements;

e) founders and unitholders of the joint businesses or firms operating or which are created in the territory of the country of entrance;

e) scientists and the cultures working at the territory of the country of entrance in the organizations created according to interstate agreements;

g) the correspondents and journalists accredited in the country of entrance;

h) the lecturers and instructors invited for reading course of lectures and other work in educational institutions and academies of the country of entrance.

Article 3

The procedure for employees engagement, qualification, age and other requirements to them are established by the Party - entrance, proceeding from the legislation existing in the territory of its state.

Article 4

Each of the State Parties of the Agreement recognizes (without legalization) diplomas, certificates on education, the relevant documents on assignment of rank, the category, qualification and others documents, and also working life, necessary for implementation of labor activity, including years of service on the preferential bases and in the specialty.

Forced (necessary) training of the worker for the benefit of production is performed at the expense of means of the employer or with the consent of the visitor at his expense. After successful completion of training in it the certificate (certificate) of the established sample of this state is granted.

In case of final departure of the worker, to it the employer (employer) of the Party entrance issues the document containing data on employment duration and the salary monthly.

Article 5

The labor activity of the driven worker is drawn up by the employment contract (contract) signed with the employer of the Party entrance according to its legislation. In the employment contract (contract) the main details of the employer and worker, professional and qualification requirements to the worker, data on kind of work, working conditions and its payments, duration of working hours, accommodation condition, and also effective periods of the employment contract are fixed (the contract and condition of its termination). At the same time the rights, privileges, compensations and accomplishment of the obligations established by the legislation of the Party entrance extend to the driven workers.

Article 6

The taxation of labor earnings of the driven workers is performed according to the procedure and the sizes established by the legislation of the Party entrance. The State Parties of the Agreement do not allow double taxation of the means earned by workers.

Article 7

Workers and members of their families have the right to import and to export of personal property, including transfer of the earned money, according to the legislation of the Party entrance.

Article 8

The driven workers use social guarantees and social security (except pension) according to the legislation existing in the territory of the Party entrance. Their medical attendance is performed at the identical level with citizens of the Party entrance.

Article 9

Questions of provision of pensions of workers and members of their families are regulated by the Agreement "About guarantees of the rights of citizens of the State Parties of the CIS in the field of provision of pensions" of March 13, 1992 or (and) bilateral agreements.

Article 10

Investigation of the accidents which happened on production is made according to the Agreement "About procedure for investigation of the labor accidents which happened to workers in case of stay them out of the state of accommodation", Mezhgossovet accepted by Presidium of Economic committee of Economic Council of the CIS countries on November 19, 1994 in Moscow.

Article 11

The procedure for compensation to the worker of the harm done by the mutilation, occupational disease or other damage of health connected with accomplishment of labor obligations by it is regulated by the legislation of the Party entrance, and also the Agreement "About mutual recognition of the rights to indemnification, the mutilation caused to workers, occupational disease or other damage of health, connected with the execution of labor obligations by them" accepted by the Governments of the states of the CIS on September 9, 1994 in Moscow.

Article 12

In case of the death of the driven worker the employer (employer) of the Party entrance will organize transportation of body and personal property of the dead on the territory of the Party departure and incurs all costs connected with it, informs diplomatic or consular representative offices of this Party with representation of materials upon death.

Article 13

The disagreements which arose during implementation of this agreement are permitted by consultations between the Parties.

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