of October 16, 2004
About labor activity and protection of the rights of citizens of the Russian Federation in the Republic of Tajikistan and citizens of the Republic of Tajikistan in the Russian Federation
The government of the Russian Federation and the Government of the Republic of Tajikistan which further are referred to as with the Parties
being guided by mutual aspiration to strengthening and development of commercial ties between both states,
considering temporary labor activity of citizens of one state in other state as important area of the Russian-Tajik cooperation,
based on the principles containing in the Agreement on cooperation in the field of labor migration and social protection of migrant workers signed by heads of states - members of the Commonwealth of Independent States on April 15, 1994, and also the Convention Commonwealths of Independent States on basic rights and human freedoms signed by heads of states - members of the Commonwealth of Independent States on May 26, 1995,
proceeding from mutual interest in settlement of processes of external labor migration taking into account situation in the labor market of the Russian Federation and the Republic of Tajikistan,
agreed as follows:
This agreement regulates questions of labor activity and protection of the rights of migrant workers of citizens of the Russian Federation and the citizens of the Republic of Tajikistan who are temporarily working at the territory of the state of other Party.
Action of this agreement extends to the citizens of the Russian Federation and citizens of the Republic of Tajikistan who are constantly living respectively in the territory of the Russian Federation or the Republic of Tajikistan (further hereinafter is referred to as - the state of permanent residence) who legally perform temporary labor activity in the territory of the state of other Party (further hereinafter is referred to as - the host state). Specified persons (further hereinafter are referred to as - workers) perform temporary labor activity in compliance:
a) with the contracts for performance of works or rendering services signed between legal entities or physical persons of the host state (further hereinafter are referred to as - customers) and legal entities of the state of permanent residence with whom the worker is in employment relationships (further hereinafter are referred to as - agreements on performance of works);
b) with the civil contracts for performance of works (rendering services) signed by them with customers of works (services) of the host state;
c) with the employment contracts signed by them with employers of the host state.
The parties do not bear responsibility according to the obligations following from the agreements signed within this agreement.
1. The bodies of the Parties responsible for implementation of this agreement (further hereinafter are referred to as - competent authorities), are:
in the Russian Federation - the Ministry of Internal Affairs of the Russian Federation, the Federal Migration Service and the Ministry of Health and Social Development of the Russian Federation;
in the Republic of Tajikistan - the Ministry of Labour and Social Protection of the population of the Republic of Tajikistan.
2. Competent authorities of the Parties form working group for the solution of the questions connected with accomplishment of this agreement.
The working group as required holds joint sittings serially in the Russian Federation and the Republic of Tajikistan.
3. Competent authorities of the Parties timely inform each other on changes in the national legal system regulating attraction and use of foreign workers on regulatory legal acts in the field of work, employment, emigration and immigration, and also about living conditions of workers, about condition of the labor markets of the states of the Parties, about the employers who got permission to attraction and use of foreign workers and also about the organizations having according to the legislation of the states of the Parties of license for activities on employment of citizens abroad and promote development of regional cooperation in the field of external labor migration.
1. Employees engagement to temporary labor activity and use of their work is performed according to the legislation of the host state if other is not established by this agreement.
2. Workers perform temporary labor activity in the host state in the presence of the relevant document issued according to the legislation of the host state (further - the work permit).
The work permit is issued to the worker on effective period of the agreement signed by it specified in Article 2 of this agreement, but no more than for three years.
The work permit is the basis for prolongation of term of temporary stay of the worker in the territory of the host state on effective period of the work permit without departure out of limits of the host state.
Entrance, departure and stay of workers in the territory of the host state are performed according to the legislation of the host state and this agreement.
The state of the Party in case of determination of number of the employees of the state of other Party involved to temporary labor activity proceeds from the need for foreign workers in the labor market.
The working life of workers, including years of service on the preferential bases and in the specialty, acquired during temporary labor activity in the territory of the host state, mutually is recognized the Parties.
In case of final departure of the worker from the host state the employer or the customer of works (services) issues it the relevant document certified by seal, containing data on employment duration and the salary monthly.
The worker has the right to social protection according to the legislation of the host state.
The parties will promote development of processes of legal labor migration and creation of favorable and mutually acceptable conditions for labor migration of citizens.
Each of the Parties within the national legal system will take necessary measures for the purpose of non-admission in the territory of the state:
a) illegal activities of legal entities and physical persons for recruitment, set and the direction of workers on the territory of the state of other Party;
b) publications in the press of the unreliable information concerning employment, working conditions and stay in the territories of the states of the Parties;
c) illegal labor activity of citizens of the state of other Party.
1. The rights and freedoms established by the legislation of the host state for foreign citizens are guaranteed to workers.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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