of November 9, 2013
About labor unions, their rights and guarantees of activities
This Law determines organization-legal bases of education and activities of labor unions, and also the rights and guarantees of their activities.
Labor unions in Turkmenistan (further - labor union) - are the independent public organizations which are voluntarily created by citizens for representation and protection of labor and related other social and economic rights and interests of the members for labor protection and improvement of its conditions on the basis of community of their professional interests.
1. The legal basis of activities of labor union is constituted by the Constitution of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan. Activities of labor union are performed according to its charter.
2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.
1. Citizens of Turkmenistan on a voluntary basis have the right to create labor union, to enter or abstain in accordance with the established procedure freely from the introduction in it, to take part in activities of labor union and to leave freely membership. The labor union is created on the basis of equality of his members. Quantitative restriction of formation of labor union by the professional principle is not allowed.
2. Membership of citizens in labor union or lack of membership in it do not lead to restriction of their rights and freedoms guaranteed by the legislation of Turkmenistan. Provision or refusal in provision is forbidden to citizens of privileges and privileges in connection with belonging to labor union or absence that.
3. Hindrance to formation of labor union, and equally in counteraction of its legal activities attracts the responsibility established by the legislation of Turkmenistan.
The labor union can have flags, emblems, pennants and other symbolics. The symbolics of labor union affirms at its congress (conference) and its description is specified in the charter of labor union.
For the purposes of this Law the following concepts are used:
primary trade-union organization – voluntary consolidation of the members of labor union who are working, as a rule, at one company, in the organization, organization irrespective of legal forms and patterns of ownership and other subjects of the employment relationships applying wage labor, and also students in organizations of education, acting on the basis of the Charter labor union or based on regulations on primary trade-union organization;
the industry trade-union organization – the labor union formed and operating in industries and other economic associations irrespective of patterns of ownership;
territorial associations of labor union – the voluntary associations of labor union formed and operating in the territory of each welayat, the city with the rights of the welayat and the state value, the etrap and city with the etrap rights;
trade-union body – the body formed according to the charter of labor union or regulations on primary trade-union organization;
the trade union representative – the head of labor union or trade-union body or other person authorized on representation by the charter of labor union, regulations on legal and technical inspection, and also regulations on primary trade-union organization or the decision of trade-union body;
the member of labor union – person (the worker who is temporarily not working, the pensioner and others) staying on the registry in primary trade-union organization.
1. Operation of this Law extends to labor union, its associations, primary and other organizations formed in Turkmenistan at the initiative of citizens.
2. The rights of labor union and guarantee of its activities fixed by this Law extend to associations of labor union, its primary and other organizations, and also to the trade-union bodies formed by them within their powers.
1. The labor union on the form of business is the public organization which is not pursuing political goals. All labor unions have the equal rights.
2. The labor union consists of primary trade-union organizations, the industry trade-union organizations and territorial associations of labor union.
1. Activities of labor union are based on the principles of voluntariness, selectivity, equality, self-government, legality and the reporting.
The labor union is free in determination of the structure, the purposes, forms and methods of the activities.
2. Activities of labor union shall be vowel, its constituent and program documents - public.
The labor union is independent in the activities of public authorities, local government bodies, employers, their associations, political parties and other public associations. Relations of state bodies with labor union are regulated by this Law and other regulatory legal acts of Turkmenistan.
1. The state guarantees observance of the rights and legitimate interests of labor union and creates equal legal opportunities for its activities, supports authorized activities of labor union.
2. State bodies cannot be founders of labor union.
3. Intervention of state bodies and their officials in activities of labor union, and labor union in activities of state bodies and their officials is not allowed.
4. The questions infringing on interests of labor union are solved state bodies with participation of labor union or in coordination with them.
The labor union can unite in the national centers, the unions, councils and other associations having governing bodies across Turkmenistan.
1. State registration of labor union is performed by the Ministry of Justice of Turkmenistan about what the appropriate certificate is granted.
The labor union acquires the rights of the legal entity after state registration in the Ministry of Justice of Turkmenistan and entering by authorized state body into the Unified State Register of Legal Entities according to the procedure determined by regulatory legal acts of Turkmenistan.
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