The agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on labor activity and social protection of the citizens of the Republic of Kazakhstan working at the territory of the Republic of Belarus and the citizens of the Republic of Belarus working at the territory of the Republic of Kazakhstan
of September 23, 2000
The government of the Republic of Kazakhstan and the Government of the Republic of Belarus which further are referred to as the Party, aiming at all-round development of cooperation between the Parties in the field of labor activity and social protection of citizens in the territory of both states,
agreed as follows:
Action of this agreement extends to persons (workers hereinafter are referred to as further) and the members of their families who are citizens or having the permanent residence in the territory of one of the states (the State of departure) and performing temporarily the labor activity in accordance with the established procedure at the companies hereinafter is referred to as further, in the organizations of all patterns of ownership (employers) other state hereinafter are referred to as further (the State of employment hereinafter is referred to as further).
This Agreement does not extend on: the refugees, persons who are specially coming for the purpose of education, persons of the liberal professions leaving for short term.
Bodies, authorized to represent the Parties to implementation of this agreement (Authorized Bodies hereinafter are referred to as further), act: from the Kazakhstan Side - the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan,
from the Belarusian Side - the Ministry of Labour of the Republic of Belarus. Authorized bodies have the right to attract competent authorities of the Parties to the solution of the questions following from this agreement.
All questions connected with accomplishment of this agreement are solved by mutual consultations between Authorized Bodies of the Parties. For this purpose they can create bilateral working groups.
1. For receipt of work workers need permission to the employment of relevant organ on work of the State of employment issued according to the procedure and on the conditions established by the legislation of this state.
2. Permission to employment is issued for the term of performance of work at certain employer, but no more than for one year.
3. Permission about which there is a speech in Item 1 of this Article will be issued provided that the worker will not be engaged in any other paid activities except that on which permission was issued to it.
If it is determined that the worker was engaged in other paid activities or self-willedally replaced the employer, then permission will be cancelled.
4. When signing the employment contract (contract) the worker undertakes the obligation that it will not stay in the territory of the State of employment longer than the term for which he got permission, and will not look for other work, except that which was provided by this permission.
5. For continuation of employment relationships with the worker the employer needs to resolve in accordance with the established procedure issue of prolongation of permission to employment no later than one month before the termination of term of its action.
Each of the Parties recognizes (without legalization) diplomas, certificates on education, the relevant documents on assignment of rank, academic degree, the category, qualification and others documents, necessary for implementation of labor activity, and their transfer into state language of the State of employment or Russian certified of the procedure established in the territory of the State of departure.
1. Entrance of workers and members of their families on the territory of the State of employment, stay and departure from it are regulated by the legislation of this state.
Entrance of workers and members of their families on the territory of the State of employment is allowed only in the presence of the medical certificate conforming to requirements of competent authority of this state.
2. Import by workers and members of their families of personal property, necessary working tools and the equipment to the territory of the State of employment, and in case of return - on the territory of the State of departure, and also commodity exportation, their families acquired by workers and members in the territory of the State of employment, is performed according to the procedure, determined by the customs legislation of the relevant state.
Within this agreement employees of one state can perform labor activity in the territory of other state on the basis:
1) the employment contract (contract) signed between the employer and the worker for certain term;
2) the agreement signed between business entities of both states which purpose is accomplishment of certain amount of works or services in the territory of the State of employment.
The employment contract (contract) is signed by the employer with the worker in state language of the State of employment or (and) Russian according to the labor law of this state and handed to the worker before its departure for work. The employment contract (contract) shall contain the main details of the employer and worker, professional requirements to the worker, data on kind of work, working conditions and its payment, assignments from it, duration of working hours and time of rest, conditions of accommodation and payment for it, and also effective period of the employment contract (contract), conditions of its termination, procedure for covering of travel expenses.
In case of the termination of the employment contract (contract) by the employer in the service record of the worker the corresponding entry is made and the certificate of the salary for the period of work monthly is issued.
The employment contract (contract) cannot be transferred from one employer to other employer.
If the employment contract (contract) is terminated in connection with liquidation or reorganization of the company (organization, the organization), reducing number or staff of workers, privileges and compensations according to the legislation of the State of employment for released on the specified bases of workers extend to the worker. In this case the worker is subject to return to the territory of the State of departure out of the account of means of the employer.
Workers have the rights and carry out the obligations established by the labor law of the State of employment.
On completion of effective period of the employment contract (contract) in the State of employment at the permanent address the worker is granted the right to employment in accordance with general practice. The unemployment benefit is granted and paid by the legislation and at the expense of the State of departure.
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