On the ratification of the Agreement on the Legal Status of Migrant Workers and Members of Their Families

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Law of the Republic of Kazakhstan dated June 27, 2011 No. 442-IV

RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

PRESS RELEASE

To ratify the Agreement on the Legal Status of Migrant Workers and Members of Their Families, signed in St. Petersburg on November 19, 2010.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT on the Legal Status of Migrant Workers and Members of their Families

(Entered into force on January 1, 2012) - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 1, art. 3

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, based on the Treaty Establishing the Eurasian Economic Community of October 10, 2000 and the Treaty on the Customs Union and the Single Economic Space of February 26, 1999, based on their commitment to the fundamental United Nations documents in the field of human rights and the principles developed by within the framework of the International Labour Organization, Expressing their desire to promote the comprehensive development of cooperation between the Parties in the field of labor migration, aware of the importance and scale of labor migration between the States of the Parties, the importance of preventing illegal labor migration, eliminating forced labor and ensuring the social protection of migrant workers, agreed as follows:

Article 1

For the purposes of this Agreement, the following terms are used: "labor activity" - the labor activity of a migrant worker carried out by him in the territory of the state of employment in accordance with its legislation on the basis of an employment contract; "migrant worker" - a person who is a citizen of the state of one of the Parties, lawfully located and lawfully engaged in labor activity in the territory of the state of the other Party, of which he is a citizen is not and does not permanently reside in; "family member of a migrant worker" - a person married to a migrant worker, as well as dependent children and other persons who are recognized as family members in accordance with the legislation of the state of employment; "employer" - a legal entity or individual who provides a migrant worker with a job on the basis of a contract concluded with him an employment contract on the terms and in accordance with the procedure provided for by the legislation of the State of employment; "state of employment" - the State of one of the Parties in whose territory the migrant worker performs work on the basis of an employment contract; "state of permanent residence" - the state of one of the Parties in whose territory the migrant worker permanently resides and from whose territory he enters the territory of the state of the other Party to carry out paid work; "discrimination" - the establishment of differences, exceptions, preferences and restrictions on the rights and freedoms of migrant workers based on gender, race, nationality, origin, attitude to religion, beliefs, as well as other grounds unrelated to his business qualities; "authorized bodies" - bodies of the States of the Parties, whose competence includes implementation of this Agreement; "social security (social insurance)" — compulsory social insurance in case of temporary disability and maternity, compulsory social insurance against industrial accidents and occupational diseases, and compulsory medical insurance.

Article 2

This Agreement defines the legal status of migrant workers and members of their families, as well as regulates the procedure for migrant workers to carry out their work and issues related to their social protection.

Article 3

Within the framework of this Agreement, activities related to the recruitment of migrant workers are carried out by employers of the State of employment without regard to restrictions on the protection of the national labor market, and migrant workers do not need to obtain permits to work in the territories of the States of the Parties.

Article 4

The employment relationship of a migrant worker with an employer is regulated by the legislation of the State of employment, as well as this Agreement, and is formalized by concluding an employment contract. In order to conclude an employment contract, a migrant worker submits to the employer the documents provided for by the labor legislation of the State of employment, as well as the document(s) confirming the legality of the migrant worker's stay in the territory of the State of employment.

Article 5

A migrant worker and his family members are exempt from registration (registration at the place of stay) with the authorized bodies of the State of employment within 30 days from the date of entry into the territory of the State of employment. The period of temporary stay of a migrant worker and his family members is determined by the duration of the migrant worker's employment contract with the employer.

Article 6

Restrictions on the employment of migrant workers, their occupation and the territory of residence established by the legislation of the States of the Parties in order to ensure national security, including in sectors of the economy of strategic importance, public order, morality, health, rights and legitimate interests of others, as well as measures taken by States to social protection against unemployment, financed from the state budgets of the Parties, discrimination and restriction of the rights and freedoms of migrant workers and members of their families cannot be considered.

Article 7

In order to implement this Agreement, the Parties shall develop cooperation in the following areas:: coordination of policies in the field of regulating external labor migration; assistance in the organized recruitment and attraction of migrant workers in the territory of the States of the Parties for their work; prevention of illegal use of migrant workers; exchange of information on the legal status of migrant workers and members of their families, employment and social insurance.

Article 8

In case of early termination of the employment contract after the expiration of 90 days from the date of entry into the territory of the State of employment, the migrant worker has the right to conclude a new employment contract within 15 days, including with another employer in accordance with the procedure and conditions provided for by the legislation of the state of employment. The rights and obligations of a migrant worker in connection with the early termination of an employment contract are regulated by the legislation of the State of employment.

Article 9

A migrant worker has the right to receive information from the authorized bodies of the State of employment and the employer regarding the conditions and procedure of stay, employment, as well as the rights and obligations provided for by the legislation of the State of employment.

Article 10

At the request of a migrant worker (including a former employee), the employer is obliged to issue a certificate to the migrant worker indicating his specialty (qualifications, position), the period of work and the amount of salary, within the time limits established by the legislation of the state of employment. The specified certificate and/or its certified copy, executed in accordance with the established procedure, is provided by the employer to the migrant worker free of charge.

Article 11

Social security (social insurance), except for pension benefits, for migrant workers is provided in accordance with the legislation of the State of employment.

Article 12

The children of a migrant worker who live with them in the territory of the State of employment have the right to attend preschool institutions and receive education in accordance with the legislation of the State of employment.

Article 13

The right of a migrant worker and his family members to receive appropriate gratuitous emergency medical care and other medical care is regulated by the legislation of the State of employment and international treaties to which it is a party.

Article 14

A migrant worker has the right to import and export goods intended for personal use in accordance with the procedure established by the legislation of the State of employment. Migrant workers and their family members have the right to: ownership, use and disposal of one's property in accordance with the legislation of the State of employment; at their discretion, perform any actions with respect to their property that do not contradict the legislation of the State of employment, including alienating their property to other persons, transferring to them, while remaining the owner, the rights to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in another way; transfer their property in trust management; for the protection of property, in accordance with the legislation of the State of employment; freely transfer earned funds in accordance with the procedure provided for by the legislation of the State of employment and international treaties to which the States of the Parties are parties.

Article 15

A migrant worker and his family members are obliged to comply with the legislation of the State of employment, respect its culture and traditions, and be responsible for the offenses committed by them on the territory of the State of employment in accordance with its legislation.

Article 16

A migrant worker has the right to join trade unions on an equal basis with citizens of the State of employment.

Article 17

The income of a migrant worker received by him as a result of employment in the territory of the State of employment is subject to taxation in accordance with tax legislation and international treaties of the State of employment.

Article 18

The implementation of this Agreement is carried out by authorized bodies that cooperate within their competence and in compliance with the legislation of their states. The Parties, at the same time as sending a written notification of the completion of their domestic procedures necessary for the entry into force of this Agreement, notify the depositary of the designated authorized bodies. In the event of a change in the authorized body, the Parties shall immediately notify the depositary thereof.

Article 19

This Agreement is applied without prejudice to the rights and freedoms of citizens of the States of the Parties arising from other international treaties to which the States of the Parties are parties.

Article 20

By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 21

Disputes between the Parties related to the interpretation and/or application of this Agreement are resolved through consultations and negotiations. If the dispute is not settled by the Parties within six months from the date of receipt of an official written request for consultations and negotiations sent by one of the Parties to the other Party, either Party has the right to refer the dispute to the Court of the Eurasian Economic Community for consideration.

Article 22

This Agreement shall enter into force 30 days after the date of receipt by the depositary, which is the Integration Committee of the Eurasian Economic Community, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. After the entry into force of this Agreement, it is open for accession by other States that are members of the Customs Union within the framework of the Eurasian Economic Community, with the consent of all States parties to the Agreement. States wishing to accede to the Agreement shall send a written request to the depositary. The depositary shall notify all participating States of the request for accession, which shall send their response to the depositary within six months from the date of receipt of the notification. Upon receipt of the responses from all participating States, the Depositary shall immediately inform the State wishing to accede to the Agreement. The documents on accession to this Agreement shall be deposited with the depositary. In respect of the acceding State, this Agreement shall enter into force on the date of receipt by the depositary of the instrument of accession.

Done in St. Petersburg on November 19, 2010, in one original copy in Russian. The original copy of the Agreement is kept at the Integration Committee of the Eurasian Economic Community, which is its depositary and will send a certified copy to each Party.

For For For Government Government Government of the Republic of the Republic Russian Belarus Kazakhstan Federations

I hereby certify that this text is a complete and authentic copy of the original Agreement on the Legal Status of Migrant Workers and Members of Their Families, signed on November 19, 2010 in St. Petersburg: on behalf of the Republic of Belarus by Prime Minister of the Republic of Belarus S.S. Sidorsky, on behalf of the Government of the Republic of Kazakhstan by Prime Minister of the Republic of Kazakhstan K.K. Masimov, from the Government of the Russian Federation - by the Chairman of the Government of the Russian Federation V.V. Putin. The original copy is kept in the Integration Committee of the Eurasian Economic Community.

Head of the Legal Department of the Secretariat The EurAsEC Integration Committee. Knyazev

President

Republic of Kazakhstan

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