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Agreement between the Government of the Russian Federation and Government of the Republic of Lithuania on temporary labor activity of citizens

of June 29, 1999

The government of the Russian Federation and the Government of the Republic of Lithuania which are hereinafter referred to as with the Parties

being guided by the principles of friendship, neighborliness, equality and mutual advantage,

for the benefit of development of economic cooperation taking into account requirements of the national labor markets

agreed as follows:

Article 1

Action of this agreement extends to the citizens of the Russian Federation and citizens of the Republic of Lithuania (further hereinafter are referred to as migrant workers) who are constantly living respectively in the territory of the Russian Federation and the Republic of Lithuania (the state of permanent residence hereinafter is referred to as further) who legally perform temporary labor activity in the territory of the state of other Party (further hereinafter is referred to as - the state of temporary labor activity):

a) within agreement performance of the contract, concluded between legal entities of the state of permanent residence (employers) and legal entities or physical persons of the state of temporary labor activity (further hereinafter are referred to as - workers according to the works agreement);

b) on the basis of employment contracts (contracts) signed with employers of the state of temporary labor activity (further hereinafter are referred to as - workers).

Article 2

1. The bodies of the Parties responsible for implementation of this agreement (further hereinafter are referred to as - authorized bodies), are:

in the Russian Federation - the Federal Migration Service of Russia;

in the Republic of Lithuania - the Ministry of social protection and work of the Republic of Lithuania.

2. Authorized bodies can determine the organizations and organizations for participation in implementation of this agreement.

3. For the solution of the questions connected with accomplishment of this agreement, authorized bodies create the working group which according to the offer of one of authorized bodies holds meetings serially in the Russian Federation and the Republic of Lithuania.

Article 3

1. Depending on situation in the labor markets in the Russian Federation and in the Republic of Lithuania authorized bodies annually, no later than December 1, determine the annual number of migrant workers in joint working protocols.

2. If the established annual number of migrant workers will not be used in the current year, its rest cannot be postponed for the next year.

Article 4

Entrance of migrant workers on the territory of the state of temporary labor activity, their stay and departure from it are performed according to the legislation of this state and Item 3 of Article 9 of this agreement.

Article 5

1. The procedure for involvement of migrant workers to labor activity in the territory of the state of temporary labor activity is determined by the legislation of this state and provisions of this agreement.

2. Migrant workers shall have the permission to labor activity issued according to the legislation of the state of temporary labor activity.

Permission to labor activity is issued to workers according to the works agreement for the purpose of implementation of such agreements which provide performance of works, requiring high professional qualification.

3. Migrant workers cannot perform other paid work, except that on which permission to labor activity is issued. In case of violation of this provision permission to labor activity is cancelled.

Article 6

1. Working conditions of the worker are regulated by the legislation of the state of temporary labor activity and there cannot be less favorable, than conditions provided for citizens of this state.

2. Permission to labor activity is issued to the worker for one year. At motivated request of the employer this term can be prolonged, but no more than for one year.

3. Suitability of the worker to work is determined by consultations between the employer and the worker in case of execution of an employment agreement (contract). At the same time the education documents submitted by the worker and professional qualification are considered.

4. The employment contract (contract) is signed between the worker and the employer in writing.

The worker before departure to place of employment in the state of temporary labor activity shall receive the text of the employment contract (contract) in state language of the state of permanent residence or other language clear to it.

5. The employment contract (contract), in addition to working conditions of the worker, shall determine procedure for covering of expenses by its journey from the state of permanent residence to the state of temporary labor activity and back, conditions of residence in the state of temporary labor activity and other questions connected with labor activity and accommodation of the worker.

Article 7

In case of termination of the employment contract (contract) in connection with the termination of the state of temporary labor activity of the economic activity by the employer, reducing number or the state compensations, the stipulated by the legislation states of temporary labor activity for released on the specified bases of workers extend to the worker.

In this case the worker also has the right to sign the new employment contract (contract) with other employer of the state of temporary labor activity for the period before expiration of permission to labor activity provided that before the expiration of this term there are at least three months.

Article 8

1. Working conditions of workers according to the works agreement are regulated by the employment contract (contract) with the employer of the state of permanent residence and relevant provisions of the works agreement.

2. Permission to labor activity is issued to workers according to the works agreement for one year. At motivated request of the employer this term can be prolonged, but no more than for one year.

Article 9

1. Prolongation of term of temporary labor activity of migrant workers is not considered as issue of new permission to labor activity.

2. In case of cancellation of this agreement of permission to labor activity, issued during action of this agreement, remain in force before the expiration of the term specified in them.

3. Upon termination of effective period of permission to labor activity, and also in case of pronouncement of the official decision on cancellation of permission according to Item 3 of Article 5 of this agreement the migrant worker shall leave the territory of the state of temporary labor activity.

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