The agreement on cooperation in the field of labor migration and social protection of migrant workers

of April 15, 1994

The governments of the State Parties of this agreement which further are referred to as the Party

based on provisions of the Agreement on creation of Economic union,

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

understanding value and scales of labor migration between the states of the Parties,

proceeding from need of creating favorable conditions for crossing of borders of the states of the Parties and implementation of labor activity by migrant workers, including border workers;

aiming at all-round development of cooperation between the State Parties of this agreement in the field of labor activity and social protection of migrant workers in the territory of the states of the Parties,

agreed as follows:

Article 1

This agreement regulates the main directions of cooperation of the Parties in the field of labor activity and social protection of persons (workers hereinafter are referred to as further) and members of their families who constantly live in the territory of one of the states of the Parties and perform the labor activity at the companies, in organizations, the organizations of all patterns of ownership (employers or employers hereinafter are referred to as further) in the territory of other state of the Parties according to the legislation of the Party of employment.

This Agreement is not applied:

to refugees and displaced persons;

to persons of liberal professions and actors which drove for short term;

to persons coming specially for the purpose of education.

Article 2

The terms applied in this agreement have the following values:

"the migrant worker (or the worker)" - person who is constantly living in the territory of the Party of departure who legally is engaged in paid activities aside of employment;

"family members" - person who is married to the migrant worker and also the children and other persons who are in dependence who are recognized family members according to the applied legislation of the Party of employment;

"the employer (employer)" - the company, organization, the organization, irrespective of patterns of ownership and departmental accessory which employ aside employments;

"the border worker" - the migrant worker who works at the border territory of one adjacent state also keeps the permanent residence in the border territory of other adjacent state to which he returns every day or, at least, at least once a week;

"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 perform the labor activity on the terms of the employment contract (contract);

"Authorities" - bodies of the Parties which competence includes the solution of questions of implementation of this agreement;

"working conditions" - set of the factors of the production circle exerting impact on health and efficiency of the person in the course of work and also the established duration of working hours and time of rest, provision of leaves, compensation according to the legislation on work of the Party of employment.

Article 3

The procedure for employees engagement, qualification, age and other requirements to them are established by the Party of employment proceeding from the legislation existing in its territory if other is not provided by bilateral agreements.

The number of the accepted workers is determined on the basis of bilateral agreements.

Article 3.1

The parties apply the simplified procedure of labor activity border workers on the basis of bilateral and multilateral agreements.

Article 4

Each of the Parties recognizes (without legalization) diplomas, certificates on education, the relevant documents on assignment of rank, the category, qualification and others documents, necessary for implementation of labor activity, and their transfer into state language of the Party of employment or Russian certified of the procedure established in the territory of the Party of departure.

The working life, including years of service on the preferential bases and in the specialty, mutually is recognized the Parties.

In case of final departure of the migrant worker from the Party of employment by the employer (employer) the reference or other document containing data on employment duration and the salary monthly is issued to it.

Article 5

Entrance of workers on the territory of the Party of employment, stay and departure are performed according to the legislation existing in its territory and agreements signed between the Parties.

The parties can demand early termination of employment relationships and return of the migrant worker towards departure in cases of violation of the laws of the Party of employment by it and rules of stay of foreign citizens.

Article 6

The labor activity of the worker is drawn up by the employment contract (contract) signed with the employer in state language of the Party of employment and Russian according to the labor law of the Party of employment which is handed to the worker before its departure for work.

The employment contract (contract) shall contain the main details of the employer and worker, professional requirements to the worker, data on kind of work, working conditions and its payments, duration of the working day and rest, accommodation conditions, and also effective period of the employment contract, conditions of its termination, procedure for covering of transportation expenses.

Workers have the rights and carry out the obligations established by the labor law of the Party of employment.

If the employment contract (contract) is terminated in connection with liquidation or reorganization of the company (organization, the organization), reducing number or staff of workers, privileges and compensations, according to the legislation of the Party of employment for released on the specified bases of workers extend to the migrant worker. In this case the migrant worker is subject to return towards departure out of the account of means of the employer (employer).

The employment contract (contract) cannot be transferred from one employer (employer) to another.

Article 7

The taxation of labor earnings of employees of the Party of employment is performed according to the procedure and the sizes established by the legislation of the Party of employment. The parties do not allow double taxation of the means earned by workers.

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