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LAW OF THE REPUBLIC OF TAJIKISTAN

of May 17, 2004 No. 32

About associations of employers

(as amended on 25-06-2021)

This Law regulates legal, economic and organizational basis of associations of employers.

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

Subject of regulation of this Law are the public relations arising in connection with realization of the right of employers to creation of associations for the purpose of representation and protection of the interests and the rights in contractual regulation of the social and labor relations.

Article 2. Basic concepts

In this Law the following basic concepts are used:

- the employer - the legal entity, its branches and representations, irrespective of form of business, and physical person which is granted the right of the conclusion and the termination of the employment contract with the worker;

- merging of employers - the non-profit organization created by employers on voluntary basis for representation and protection of interests of the members within social partnership;

- the agreement - the legal act regulating socially - employment relationships between workers and employers, concluded at the republican, regional, city, district and industry levels.

Article 3. Legislation of the Republic of Tajikistan on associations of employers

The legislation of the Republic of Tajikistan on associations of employers is based on the Constitution of the Republic of Tajikistan and consists of this Law and regulatory legal acts of the Republic of Tajikistan, and also the international regulatory legal acts recognized by the Republic of Tajikistan.

Article 4. Right of employers to consolidation

Employers have the right without preliminary permission of the central executive bodies of the government, local authorities of the government and self-government institutions of settlements and villages on the basis of voluntariness to create merging of employers, the representation of interests and protection of the rights setting as the purpose in relations with labor unions and their associations, other representative bodies of workers, the central executive bodies of the government, local authorities of the government and self-government institutions of settlements and villages.

The state assists realization of providing the rights 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 5. Principles of activities of merging 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, the central executive bodies of the government, local authorities of the government and self-government institutions of settlements and villages 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 central executive bodies of the government, local authorities of the government and self-government institutions of settlements and villages, and also labor unions and their associations, political parties and movements and other public organizations.

Intervention the central executive bodies of the government, local authorities of the government and self-government institutions of settlements and villages and their officials which can entail restriction of the rights of associations of employers or prevent legal implementation of their authorized activities is forbidden.

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. Main objectives of associations of employers

The main objectives of associations of employers are:

- participation in negotiation, preparation and the conclusion of bilateral, tripartite agreements concerning the social and labor relations;

- participation through the plenipotentiaries in permanent bodies of system of social partnership, including in work of the republican, regional, city, district, bilateral and tripartite commissions for the purpose of regulation of the social and labor relations;

- providing the organization of actions of member employers of associations in accomplishment of the obligations taken under agreements;

- participation in settlement of collective employment disputes;

- participation in development, examination of drafts of normative legal acts, and also plans and programs for the questions having important social and economic value;

- information and methodical support of members of consolidation;

- ensuring coordinated actions of members of associations for the purpose of effective permission of economic, production and social problems.

Article 8. Types of associations of employers

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

Republican merging of employers - the consolidation created on the basis of voluntariness by republican branch (cross-industry), regional associations of employers, performing the activities in the territory of more than a half of regions of the Republic of Tajikistan.

Republican branch (cross-industry) association of employers - the consolidation created on the basis of voluntariness by employers of industry (industries) or type (types) of activities who in total perform the activities in the territory of more than a half of regions of the Republic of Tajikistan and (or) with which at least a half of workers of industry (industries) or type (types) of activities consist in employment relationships.

Regional consolidation (including the Gorno-Badakhshan Autonomous Region) employers - the consolidation created on the basis of voluntariness by employers and (or) regional, city, district branch association of employers and performing the activities in the territory of one area of the Republic of Tajikistan.

Regional branch association (including the Gorno-Badakhshan Autonomous Region) entrepreneurs - the consolidation created on the basis of voluntariness by employers of industry (type of activity) and performing the activities in the territory of one area of the Republic of Tajikistan.

City (district) consolidation of entrepreneurs - the consolidation created on the basis of voluntariness by employers and (or) city district branch associations and performing the activities in the territory of one city or the area.

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