On the ratification of the Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States

Home / RLA / On the ratification of the Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States

Law of the Republic of Kazakhstan dated December 31, 2009 No. 235-IV

To ratify the Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States, signed in Chisinau on November 14, 2008 with the following reservation: "The Republic of Kazakhstan, when applying the provisions of paragraph twelve of paragraph 1 of Article 7 and paragraph 1 of Article 13 of this Convention, will be guided by the requirements of national legislation."

President of the Republic of Kazakhstan N. Nazarbayev

CONVENTION on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States

The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties, striving to create conditions for ensuring equal treatment of migrant workers, members of their families and citizens of the receiving Party to the extent regulated by its legislation and international obligations, aware of the need to create favorable conditions for the movement of labor across the territories of the Parties, based on It is in their national interests to effectively regulate labor migration flows and achieve compliance with their volumes., the directions and composition of the interests of the socio-economic development of the Parties, guided by the principles of mutual understanding, tolerance, respect between representatives of different peoples, based on the interests of the development of the Commonwealth of Independent States, commitment to the Universal Declaration of Human Rights of December 10, 1948, as well as other binding fundamental documents of the United Nations and the Commonwealth of Independent States in the field of human rights and protection of the rights of migrant workers,

have agreed on the following:

Section I Scope and definitions

Article 1

For the purposes of this Convention, the following terms have the following meanings::  A migrant worker is a person who is a citizen of one of the Parties, as well as a stateless person who permanently resides in the territory of one Party, lawfully resides and lawfully engages in paid work in the territory of the other Party, of which he is not a citizen and in which he does not permanently reside.;  A border worker is a migrant worker who works in the border territory of one Party and retains his permanent residence in the border territory of the other Party, to which he returns every day or at least at least once a week; a seasonal worker is a migrant worker whose work is related by its nature to seasonal conditions and it is performed during a certain period of the year; employer (employer) is a legal entity or individual who provides employment to migrant workers on the terms and in accordance with the procedure provided for by the legislation of the receiving Party; a family member of a migrant worker is 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 receiving Party. with the legislation of the receiving Party;  The Party of permanent residence is the State in whose territory the migrant worker permanently resides and from whose territory he enters the territory of the other Party to carry out paid work; the transit state is the State through which the migrant worker passes while traveling to the receiving Party or from the receiving Party towards permanent residence; the receiving Party is the State on which on the territory of which the migrant worker carries out paid work;  competent authorities - public authorities of the Parties whose competence includes issues related to the implementation of this Convention; working conditions - a set of factors of the labor process and the working environment in which a person's work is carried out that affect his health and performance during work, as well as the working hours established in accordance with the legislation of the host Country. time and rest periods, the procedure for granting paid vacations, wages and other working conditions;  Occupational safety and health is a system for ensuring the safety of life and health of migrant workers in the course of their work, including legal, socio-economic, organizational, technical, sanitary, hygienic, therapeutic, preventive, rehabilitative and other measures and means established in accordance with the legislation of the receiving Party.;  The migration cycle is a period of time that includes departure from the Country of permanent residence, transit, entry into the receiving Country, stay and gainful employment in the receiving Country, as well as return to the Country of permanent residence.

Article 2

This Convention applies to all migrant workers and members of their families legally present in the territory of the receiving Party, regardless of gender, race, language, religion or belief, political or other views, national, ethnic or social origin, nationality of the Parties, age, economic, property, marital status or any other This Convention regulates the relations that develop throughout the migration cycle of migrant workers and members of their families.

Article 3

This Convention does not apply to: persons sent by the Parties to international organizations or hired by international organizations, institutions or any of the Parties to perform official functions outside its territory, the status of which is regulated by international law or relevant international treaties to which the Parties are parties; persons sent or hired by one of the Parties to participate outside its territory in the implementation of development or cooperation programs, whose admission and status are regulated by relevant international agreements with the host Party and who, in accordance with these international agreements, are not considered migrant workers; persons who, being citizens of one Party, perform work on the territory of the other Party on behalf of and in the interests of an organization with branches (representative offices) in the territory of this other Party; persons engaged in entrepreneurial activity, unless otherwise provided for by the legislation of the receiving Party and international treaties to which it is a party; persons applying for refugee status or asylum in the territory of the receiving Party; persons who have received refugee status or asylum in the territory of the receiving Party; clergymen engaged in religious activities in officially registered religious organizations of the receiving Party Parties; seafarers; persons coming for training purposes; persons accredited in the territory of the host Country as employees of representative offices of foreign companies or mass media.

Article 4

1. Each of the Parties, in accordance with its legislation, may impose restrictions on migrant workers in respect of: categories of employment, occupation or activity in the interests of this Party; access to paid employment in order to protect the national labor market and ensure the priority right of its citizens to fill vacant positions. 2. The rights of migrant workers and members of their families may be subject to restrictions provided for by the legislation of the Parties in the interests of national security, public order, public health and morals, or to protect the rights and freedoms of others. 3. The Party shall inform the depositary of the adoption of the restrictions provided for in this Article for migrant workers within 45 days from the date of adoption of these restrictions. restrictions.

Section II Fundamental rights of migrant workers and members of their families

Article 5

Migrant workers and members of their families have the right to enter, stay, move and leave the territory of the receiving Party in accordance with the procedure established by its legislation and/or international treaties.

Article 6

1. Migrant workers enjoy the rights in the territory of the receiving Party, which, in accordance with the legislation, are granted to citizens of this Party, to: safe working conditions; equal remuneration for equivalent work, including additional payments and compensations for those entitled to them; use of housing on a paid basis; social security (social insurance), except for pension, in accordance with the legislation of the host Country; compulsory social insurance against industrial accidents and occupational diseases in accordance with the legislation of the receiving Party; compensation for damage caused to life and health as a result of an industrial accident or occupational disease; access to other paid work in case of its loss due to circumstances beyond the control of the migrant worker, subject to the restrictions provided for in Article 4 of this Convention. 2. The rights of migrant workers related to their employment in the receiving Country are regulated by legislation and international treaties to which the Party is a Party.

Article 7

1. Migrant workers and members of their families, in accordance with international treaties and the legislation of the receiving Party, enjoy the following basic rights:: the right to life, liberty and personal inviolability; to marry; to equality with citizens of the host Country before the law and the court; to protection from unlawful interference in personal or family life; to protection from unlawful encroachment on the inviolability of the home; to protect the secrecy of personal correspondence or other forms of communication; to protect honor, dignity and business reputation; to protect legally owned private property; to receive education; to access and participate in cultural life; to social security (social insurance), except for retirement; to receive free emergency (emergency) medical care and other medical care on a reimbursable basis; to register the birth of a child in the receiving Party. 2. The Parties guarantee to migrant workers and members of their families the exercise of the right to freedom of speech, religion, expression of opinion, establishment of associations, public organizations and membership in trade unions in accordance with the legislation of the host Country. 3. Every migrant worker and a member of his family has the right to have his legal personality recognized in the territory of either Party in accordance with the legislation and international treaties of that Party.

Article 8

The Parties do not allow cases of slavery, any other servitude, forced labor, torture, cruel and degrading treatment or punishment of migrant workers and members of their families.

Article 9

When migrant workers and their family members import and export personal property, as well as items intended for work, international treaties and legislation of the receiving Party are applied.

Article 10

Migrant workers have the right to transfer and transport from the receiving Party funds received as payment for work in accordance with this Convention, in the currency of the receiving Party and in foreign currency in accordance with international treaties and its legislation.

Article 11

Migrant workers and members of their families have the right to receive information from the competent authorities of the Parties free of charge.: the procedure for exercising their rights and freedoms arising from this Convention; the conditions of their stay and paid employment, as well as the rights and obligations arising from the legislation of the receiving Party or the transit State and their international treaties.

Article 12

1. Migrant workers and members of their families may not be expelled, deported or readmitted from the receiving Party except on the grounds provided for by international treaties and legislation of that Party. 2. The Parties guarantee that no one except the competent authority, acting on the basis and in accordance with the procedure provided for by the legislation of the receiving Party, can seize identity documents and documents granting the right to enter, stay and/or engage in paid work by migrant workers and their family members. The seizure of these documents, authorized by the competent authorities, is subject to the issuance of an official document confirming such seizure. It is prohibited to destroy or damage the passport or other identity document of a migrant worker and/or members of his family, and documents granting the right to enter, stay and/or engage in paid work by a migrant worker and members of his family.

Article 13

1. Family members of migrant workers (with the exception of border and seasonal workers) enjoy in the receiving Country the same rights as its citizens to general education and additional vocational education. The content of the concepts of "general education" and "additional professional education" is determined by the legislation of the host Country. 2. The Parties shall promote the organization of programs for family members of migrant workers to study the language of the host Country and shall not interfere with the study of their native language.

Section III Provisions applicable to border and seasonal workers and their family members

Article 14

1. Border workers shall enjoy the rights provided for in this Convention, which may be granted to them in accordance with their stay and paid employment in the receiving Country and subject to the restrictions provided for in article 4 of this Convention. 2. The issues of simplified employment procedures and State border crossing for border workers are resolved by the Parties on the basis of bilateral international agreements.

Article 15

1. The provisions of the Convention shall apply to seasonal workers during their employment, subject to the restrictions specified in article 4 of this Convention. 2. The issues of simplified employment of seasonal workers are resolved by the Parties on the basis of international agreements.

Section IV Cooperation to ensure the rights of migrant workers and members of their families

Article 16

1. The Parties shall cooperate in the field of attracting migrant workers and using their labor in the territories of the Parties. 2. The receiving Party and the Party of permanent residence shall take all possible measures regarding the return of migrant workers after the expiration of their stay and their paid employment in the receiving Party, as well as in the event of their violation of the migration legislation of the receiving Party, including through the conclusion of readmission agreements. 3. The Parties shall take coordinated measures to issue documents containing biometric data to migrant workers and their family members, create databases based on them on migrant workers leaving the Country of permanent residence and working in the host Country, as well as exchange information about migrant workers.

Article 17

The parties cooperate on issues of health insurance for migrant workers.

Article 18

The receiving Party and the Party of permanent residence may cooperate on vocational education of migrant workers in the territories of both Parties in professions and specialties in demand in the labor market of the receiving Party.

Article 19

The competent authorities of the Parties, in order to avoid double taxation with respect to taxes on the income and property of migrant workers, are guided by the provisions of international treaties to which the relevant Parties are parties.

Article 20

The issues of pension provision for migrant workers and members of their families are regulated by the legislation of the Party of permanent residence and international treaties of the Parties.

Article 21

The Parties shall exchange timely information on changes in legislation in the field of labor, employment and labor migration, rules of entry, stay, relocation and exit, living conditions and the procedure for paid employment by migrant workers and the state of national labor markets.

Article 22

In case of death of a migrant worker or a member of his family, the competent authorities of the Parties: The diplomatic mission or consular office of the Party of permanent residence is informed about the death of a migrant worker or a member of his family, and they are provided with the necessary information on the death.; They facilitate the transportation by the employer of the body and personal property of a deceased migrant worker towards permanent residence, as well as the fulfillment by the employer of his financial obligations towards the deceased migrant worker and his family members under the terms of an employment contract.

Section V Final provisions Article 23

1. Nothing in this Convention may be interpreted as a restriction or infringement of fundamental human rights and freedoms, which are recognized and guaranteed by the legislation of the relevant Party and generally recognized principles and norms of international law. 2. The restrictions established by this Convention on the rights and freedoms of migrant workers and members of their families shall not be applied for purposes other than those for which they are provided.

Article 24

The Parties shall, no later than three months after the date of signing this Convention, determine the competent authorities responsible for its implementation and inform the depositary accordingly. In the event of a change in the competent authorities, the Parties shall immediately inform the depositary.

Article 25

This Convention does not affect the rights and obligations of the Parties arising from other international treaties concluded by them.

Article 26

Issues on the implementation of the provisions of this Convention are considered at meetings of the Council of Heads of Migration Authorities of the Member States of the Commonwealth of Independent States, as well as the Advisory Council on Labor, Migration and Social Protection of the Population of the Member States of the Commonwealth of Independent States.

Article 27

Disputes between the Parties related to the application or interpretation of this Convention shall be resolved through consultations and negotiations between the Parties concerned.

Article 28

This Convention shall enter into force 30 days after the date of receipt by the depositary of the third notification that the signatory Parties have completed the internal procedures necessary for its entry into force. For Parties that have completed domestic procedures later, this Convention shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

Article 29

This Convention may be amended and supplemented with the consent of the Parties, which are formalized by a separate protocol that enters into force in accordance with the procedure provided for in Article 28 of this Convention.

Article 30

Each Party may withdraw from this Convention by sending a written notification to the depositary no later than 12 months before the date of withdrawal, having settled the obligations that arose during the operation of this Convention.

Article 31

After its entry into force, this Convention is open for accession by any CIS member State by submitting an instrument of accession to the depositary. For the acceding State, the Convention enters into force 30 days after the date of receipt by the depositary of the instrument of accession.

Article 32

This Convention shall be in force for a period of five years from the date of its entry into force. Upon expiration of this period, this Convention is automatically extended each time for another five-year period, unless the Parties decide otherwise.

Done in Chisinau on November 14, 2008, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Convention.

For the Republic of Azerbaijan For the Republic of Moldova

For the Republic of Armenia For the Russian Federation

For the Republic of Belarus For the Republic of Tajikistan

For Georgia For the Republic of Turkmenistan

For the Republic of Kazakhstan For the Republic of Uzbekistan

For the Kyrgyz Republic For Ukraine

Reservation of the Republic of Kazakhstan to the Convention on the Legal Status of Migrant Workers and Members of Their Families of the CIS member States

The Republic of Kazakhstan, when applying the provisions of paragraph 12 of Article 7 and paragraph 1 of Article 13 of this Convention, will be guided by the requirements of national legislation.

Prime Minister of the Republic of Kazakhstan K. Massimov

I hereby certify that the attached text is an authentic copy of the Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States, adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which took place on November 14, 2008 in Chisinau. The original copy of the above-mentioned Convention is kept in the Executive Committee of the Commonwealth of Independent States.

V. Garkun, First Deputy Chairman of the Executive Committee and Executive Secretary of the CIS

I hereby certify that this text is a certified copy of the authentic copy of the Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States, signed on November 14, 2008 in Chisinau.

Head of the Department International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan B. Piskorsky

Director of the Department of Employment and Migration A. Nurseitov

President

Republic of Kazakhstan

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