The agreement on regulation of the social and labor relations in the multinational corporations operating in the territory of the State Parties of the Commonwealth of Independent States

of October 9, 1997

The governments of the State Parties of this agreement which are hereinafter referred to as with the Parties

in view of forming in the territory of the State Parties of the Commonwealth of Independent States of multinational corporations,

attaching importance to development of cooperation in the field of employment relationships and social partnership, ensuring social protection of citizens, protection and improvement of conditions of their work,

for the purpose of creation of the mechanism of regulation of the social and labor relations in multinational corporations in the territory of the State Parties of the Commonwealth of Independent States,

agreed as follows:

Article 1

The parties provide regulation of the social and labor relations in multinational corporations (further - corporation) on the basis of interstate and intergovernmental agreements, the legislation of the states in the territory of which the companies and the participating organizations of corporation, and also the collective agreements signed at these companies and in the organizations and (or) the agreement (agreement) signed in corporation are located (further - agreements).

Article 2

Negotiators (consultations) in corporation on development and the conclusion of agreements are the highest or the executive body of corporation authorized by it and representative body of workers (Council of trade-union committees of the companies and participating organizations of corporation or single trade-union committee if that is created, other representative body of workers).

Article 3

Negotiations (consultations) between the highest or authorized by it executive body of corporation and representative body of workers are carried out according to regulations of the national legal system of the state in the territory of which there is the highest or the executive body of corporation authorized by it.

Negotiations (consultations) are held in the spirit of cooperation, mutual respect of interests and equality of their participants.

Article 4

Content and structure of agreements are determined by negotiators (consultations). Agreements can join cross liabilities of the employer and worker on questions:

conditions and compensation;

uses of part of profit on social development;

establishments of social guarantees to workers when reducing workplaces owing to liquidation, reorganization, suspensions of operations of the company or the organization;

ensuring supplementary social and pension insurance;

to other social problems.

Negotiations (consultations) are held at least once a year.

Article 5

The highest or the executive body of corporation authorized by it:

provides to representative body of workers of any member of corporation information necessary for negotiation (consultations), the conclusions of agreements;

in case of the force majeure infringing on interests of workers informs on it promptly employee representatives for carrying out the emergency consultations.

The negotiators (consultations), other faces tied with negotiations (consultations), the acquired information if it is official or trade secret having no right to disclose.

Article 6

Irrespective of the place of their carrying out, the employer provides to members of representative body of workers for the period of participation in negotiations (consultations) the guarantees and compensations provided by the national legal system of the state of the location of the employer for persons participating in collective bargainings.

Article 7

In case of evasion of person representing the employer from negotiating (consultations), stipulated in Article 3 this agreements, are applied to it the responsibility measures provided by the national legal system of the state in the territory of which there is the highest or the executive body of corporation authorized by it. Cases on accountability of perpetrators are considered according to the statement of representative bodies of employees of corporation, the companies and participating organizations of corporation, and also labor unions and their associations or at the initiative of the prosecutor.

Article 8

Control of implementation of this agreement is imposed on the state bodies of the Parties dealing with issues of work and social protection of citizens.

Article 9

This agreement becomes effective from the date of its signing, and for the states which legislation requires accomplishment of the interstate procedures necessary for its introduction in force, - from the date of delivery of the relevant documents to depositary.

Article 10

Changes and additions by common consent of the Parties can be made to this agreement.

Changes and amendments are drawn up by separate protocols and become effective according to the procedure, stipulated in Article the 9th this agreement.

Article 11

This agreement is signed sine die.

Article 12

Each Party can leave this agreement, having sent the written notice of it to depositary not later than 6 months to exit.

Article 13

This agreement is open for accession to it of other states sharing its purposes and the principles.

It is made in the city of Bishkek on October 9, 1997 in one authentic copy in Russian. The authentic copy is stored in the Executive Secretariat of the Commonwealth of Independent States which will send to each state which signed this agreement, its verified copy.

The agreement is not signed by Georgia, the Republic of Kazakhstan, Turkmenistan, the Republic of Uzbekistan, Ukraine.

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