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LAW OF THE KYRGYZ REPUBLIC

of August 21, 2004 No. 164

About collective agreements

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 30, 2004

Article 1. Tasks and coverage of this Law

This Law establishes the legal basis of negotiating, development, the conclusion and accomplishment of collective agreements for the purpose of assistance to contractual regulation of the social and labor relations and to coordination of social and economic interests of workers and employers, and also relations of the employer with labor unions and other representative bodies of workers.

Article 2. Basic principles of the conclusion of collective agreements

The basic principles of the conclusion of collective agreements are:

- observance of regulations of the legislation of the Kyrgyz Republic;

- competence of agents of the parties;

- equality of participants;

- liberty of choice and discussions of the questions constituting contents of collective agreements;

- voluntariness of acceptance and reality of providing obligations;

- obligation of execution of undertaken obligations according to the collective agreement;

- responsibility of the parties, their representatives, official or other persons for failure to carry out of undertaken obligations.

Article 3. Basic concepts

The collective agreement - the local regulation governing the employment and social and economic relations and concluded between the employer and workers working for it and also relations of the employer with labor unions and other representative bodies of workers.

Employee representatives - the bodies of labor unions and their associations authorized on representation according to their charters and also other representatives workers of person and the organization created according to the legislation of the Kyrgyz Republic. The workers who are not members of labor union can authorize body of labor union to represent their interests during collective bargainings, the conclusions, changes, amendments of the collective agreement, the agreement and control of their accomplishment.

Representatives of employers are heads of the organizations or others authorized according to articles of organization, other legal acts of person, authorities of associations of employers, other representatives employers bodies.

Article 4. Inadmissibility of hindrance of activities for the conclusion, review and accomplishment of the collective agreement

Any intervention of the state, public and other bodies limiting legitimate rights of workers and their representatives to the conclusion, review and accomplishment of the collective agreement is forbidden.

Article 5. Right to negotiating

The either party has the right to act as the initiator of collective bargainings on development, the conclusion, change and amendment of the collective agreement.

The party which received the written notice of the beginning of negotiations from other party shall begin negotiations in seven-day time.

From employee name the right to negotiating and signing of the collective agreement is provided to labor unions on behalf of their relevant organs, to other authorized workers and representative bodies.

On behalf of employers the right to conducting collective bargainings and signing of the collective agreement is provided to the representatives of employers specified in article 3 of this Law.

Employers, executive bodies and local self-government shall conduct negotiations on labor and to the social and economic problems offered for consideration by labor union, other authorized workers and representative bodies.

Article 6. Procedure for negotiating

For conducting collective bargainings and preparation of the draft of the collective agreement of the party on the parity basis form the authorized commission (body).

The structure of the commission (body), terms, the venue and the agenda of negotiations are determined by the decision of the parties.

Negotiators are given free rain in the choice and discussion of the questions constituting contents of the collective agreement.

Executive bodies, local government bodies, employers and their associations shall provide to labor unions, other representative bodies information, necessary for collective bargainings.

Negotiators have no right to disclose the data which are the state or trade secret.

If during negotiations of the party could not reach agreement, the protocol in which offers of the parties on elimination of the reasons of disagreement and term of resumption of negotiations are made is constituted.

Article 7. Permission of disagreements

In case of origin during negotiations of disagreements of the party create of the structure the conciliation (conciliatory) commission from equal number of agents of the parties. The conciliation (conciliatory) commission till seven days considers the protocol of disagreements and passes the decision (recommendations) on the substance of dispute.

In case of default of agreement between the parties of rather passed decision (recommendation) labor unions, other representative bodies in support of the requirements have the right to use stipulated by the legislation meetings of the Kyrgyz Republic, meetings.

Article 8. Guarantees and compensations for time of negotiations

Persons participating in negotiations as agents of the parties and also the experts and specialists invited for participation in work of the commission for the period of negotiations are exempted from the main work with preserving average earnings for the term determined by the parties, but no more than three months.

All costs connected with participation in negotiations are compensated according to the procedure, determined by the parties. Payment of experts and specialists is made by inviting party.

The agents of the parties participating in collective bargainings during their maintaining cannot be subjected to authority punishment, are transferred to other work, moved or dismissed at the initiative of administration without prior consent of the body which authorized them on representation, except as specified termination of the employment contract for making of illegal actions.

Article 9. The right to decision making about need of the conclusion of the collective agreement

Have rights to decision making about need of the conclusion of the collective agreement the employer and labor union or other representative workers representative body.

Article 10. Parties of the collective agreement

The parties of the collective agreement are:

- labor union of workers on behalf of trade-union committee or other representative body of workers;

- the employer on behalf of the head of the organization or persons authorized by him.

In the presence in the organization of several labor unions, other representative bodies by the party of the collective agreement can be:

- the labor union uniting most of employees of the organization and to which this right is voluntarily granted by other labor unions, other representative bodies;

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