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LAW OF THE KYRGYZ REPUBLIC

of May 22, 2004 No. 66

About associations of employers

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on April 13, 2004

Article 1. Coverage of this Law

This Law determines legal status of associations of employers, procedure for their creation, activities, reorganization and liquidation.

Operation of this Law extends to all associations of employers performing activities in the territory of the Kyrgyz Republic.

Article 2. Right of employers to consolidation

Employers have the right without preliminary permission of public authorities, local government bodies, other bodies on voluntary basis to create merging of employers for the purpose of representation of legitimate interests and protection of the rights of the members in the sphere of the social and labor relations and related economic relations with labor unions and their associations, public authorities, local government bodies.

The state assists realization of the right of employers to consolidation for the purpose of development of social partnership, ensuring participation of employers in accordance with the established procedure in forming and carrying out coordinated policy in the sphere of the social and labor relations and related economic relations.

Article 3. Concept of merging of employers and legal status of associations of employers

Merging of employers - the form of non-profit organization based on membership of employers (legal and (or) physical persons).

Article 4. Types of associations of employers

Merging of employers can be created on territorial (regional), industry, cross-industry, territorial industry to signs.

Republican merging of employers - the consolidation created on voluntary basis by branch (cross-industry), regional (interregional) associations of employers and performing the activities in all territory of the Kyrgyz Republic. Membership in it of also certain employers can be provided by the charter of republican merging of employers.

Republican branch (cross-industry) association of employers - the consolidation created on voluntary basis by employers of industry (industries) or type (types) of activities which in total performs the activities in all territory of the Kyrgyz Republic.

Territorial merging of employers - the consolidation created on voluntary basis by employers and (or) their territorial branch associations and performing the activities in the territory of the area, the area, the city.

Territorial branch association the rabotodateleyobjedineniye created on voluntary basis by employers of industry (type of activity) and performing the activities in the territory of the area, the area, the city.

Article 5. Principles of activities of associations of employers

Activities of merging of employers are performed on the basis of the principle of voluntariness of the introduction in it and exit from it of employers and (or) their associations.

Merging of employers independently determines the purposes, types and the directions of the activities.

Interaction of associations of employers, labor unions and their associations, public authorities, local government bodies in the sphere of the social and labor relations and related economic relations is performed on the basis of the principles of social partnership.

Article 6. Independence of associations of employers

Merging of employers perform the activities irrespective of public authorities, local government bodies, labor unions and their associations, political parties and movements, other public organizations (associations).

Intervention of public authorities, local government bodies and their officials in activities of associations of employers which can entail restriction of the rights of associations of the employers established by international treaties of the Kyrgyz Republic, this Law, other laws of the Kyrgyz Republic and other regulatory legal acts of the Kyrgyz Republic is forbidden. Merging of employers are not subject to dissolution or temporary prohibition administratively.

The order of interaction of associations of employers is determined by them according to their charters, decisions of governing bodies of associations of employers.

Article 7. Rights of members of merging of employers

Members of merging of employers have the equal rights.

Members of merging of employers have the right:

- participate in the forming of governing bodies of merging of employers according to the procedure determined by the charter of merging of employers;

- submit for consideration of governing bodies of merging of employers of the offer, concerning questions of activities of merging of employers, participate in their consideration, and also in the adoption of relevant decisions according to the procedure determined by the charter of merging of employers;

- participate in determination of content and structure, the agreements signed by merging of employers governing the social and labor relations and the related economic relations (daleesoglasheniye);

- obtain information on activities of merging of employers, the agreements signed by it, and also texts of these agreements;

- receive from merging of employers the help in questions of application of the legislation governing employment relationships and other, directly related relations, developments of the local regulations containing regulations of labor right, the conclusion of collective agreements, agreements, and also permissions of individual and collective employment disputes;

- to leave freely merging of employers;

others, provided by the charter of merging of employers, it is right.

Article 8. Obligations of members of merging of employers

Members of merging of employers shall:

- fulfill requirements of the Charter of merging of employers;

- comply with conditions of the agreements signed by associations of employers fulfill the obligations provided by these agreements.

Article 9. Responsibility of members of merging of employers

Violation or failure to carry out by the member of merging of employers of the obligations provided by the agreements signed by merging of employers involves responsibility according to the procedure, established by the legislation of the Kyrgyz Republic, the specified agreements.

The termination by the employer of the membership in merging of employers does not exempt it from liability, the stipulated by the legislation Kyrgyz Republic, agreements for violation or default on obligations provided by the agreements signed during membership of the employer in the specified consolidation.

The employer who entered merging of employers during operation of the agreements signed by this consolidation bears responsibility for violation or default on obligations, provided by agreements, according to the procedure, established by the legislation of the Kyrgyz Republic, the specified agreements.

Article 10. Creation of merging of employers

Merging of employers is created based on the decision of his founders.

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