On Ratification of the Protocol on Amendments and Additions to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers dated April 15, 1994

Home / RLA / On Ratification of the Protocol on Amendments and Additions to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers dated April 15, 1994

Law of the Republic of Kazakhstan dated December 19, 2007 No. 12-IV

To ratify the Protocol on Amendments and Additions to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers dated April 15, 1994, signed in Moscow on November 25, 2005.

President of the Republic of Kazakhstan

PROTOCOL on Amendments and Additions to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers dated April 15, 1994

Officially certified text

It shall enter into force on the date of deposit with the depositary of the third notification on the completion by the signatory Parties of the internal procedures necessary for its entry into force. For the Parties that have completed the internal procedures later, this Protocol shall enter into force on the date of delivery of the relevant documents to the depositary.

Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan, Ukraine

notifications have been submitted:

Republic of Moldova - deposited on June 6, 2006; Republic of Belarus - deposited on June 29, 2006; Kyrgyz Republic - deposited on December 15, 2006; Ukraine - deposited by the WG on June 25, 2007; The Republic of Kazakhstan - deposited on January 11, 2008.

The Protocol entered into force on December 15, 2006.

entered into force for the States:

Republic of Moldova - December 15, 2006; Republic of Belarus - December 15, 2006; Kyrgyz Republic - December 15, 2006; Ukraine - June 25, 2007; The Republic of Kazakhstan - January 11, 2008.

The Governments of the States Parties to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers of April 15, 1994 (hereinafter referred to as the Agreement), hereinafter referred to as the Parties, wishing to create favorable conditions for citizens of the States of the Parties to carry out their work in the border territories of the States of the Parties,

have agreed on the following:

Article 1

To make the following additions to the Agreement: 1. Add the following new paragraph to the preamble after the fourth paragraph:: "based on the need to create favorable conditions for migrant workers, including border workers, to cross the borders of the States of the Parties and carry out their work." 2. Add a new paragraph to article 2 after the fourth paragraph as follows: "border worker" is a migrant worker who works in the border territory of one neighboring State and retains his permanent residence in the border territory of another neighboring State, to which he returns every day or at least at least once a week. 3. To supplement the Agreement after Article 3 with a new article as follows: "Article 3' The Parties apply a simplified procedure for the employment of border workers on the basis of bilateral and multilateral agreements."

Article 2

This Protocol shall enter into force on the date of deposit with the Depositary of the third notification on the completion by the Signatories of the internal procedures necessary for its entry into force. For the Parties that have completed the internal procedures later, this Protocol shall enter into force on the date of delivery of the relevant documents to the depositary.

Done in Moscow on November 25, 2005, in one original copy in the Russian language. 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 Protocol.

For the Government For the Government Azerbaijan Republic of the Republic of Moldova

For the Government For the Government of the Republic of Armenia Of the Russian Federation

For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan

For the Government For the Government of Georgia Turkmenistan

For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

For the Government For the Government Of the Kyrgyz Republic Of Ukraine

RESERVATION Republic of Moldova on item 8.11 of the agenda of the meeting of the Council of CIS Heads of Government

November 25, 2005 Moscow

Protocol on Amendments and Additions to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers dated April 15, 1994

"The provisions of the Agreement, as amended and supplemented by this Protocol, will be applied in accordance with the national legislation and international obligations of the Republic of Moldova in this area."

First Deputy The Prime Minister

I hereby certify that the attached text is an authentic copy of the Protocol on Amendments and Additions to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers dated April 15, 1994, adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which was held on November 25, 2005 in Moscow. The original copy of the above-mentioned Protocol is kept in the Executive Committee of the Commonwealth of Independent States.

Chairman of the Executive Committee - CIS Executive Secretary

I hereby certify that this text is a certified copy of the certified copy of the Protocol on Amendments and Additions to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers dated April 15, 1994, signed on November 25, 2005 in Moscow.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

AGREEMENT on Cooperation in the field of labor migration and Social protection of Migrant Workers

The Governments of the States Parties to this Agreement, hereinafter referred to as the Parties, based on the provisions of the Treaty on the Establishment of the Economic Union, based on their commitment to the fundamental UN human rights documents and principles developed within the framework of the International Labour Organization, aware of the importance and scale of labor migration between the States of the Parties., Striving for the comprehensive development of cooperation between the States Parties to this Agreement in the field of labor and social protection of migrant workers in the territory of the States of the Parties, have agreed as follows:

Article 1

This Agreement regulates the main areas of cooperation between the Parties in the field of labor and social protection of persons (hereinafter referred to as employees) and their family members who permanently reside in the territory of one of the States of the Parties and carry out their work in enterprises, institutions, organizations of all forms of ownership (hereinafter referred to as employers or employers) in the territory of another state. Parties in accordance with the legislation of the Employment Party. This Agreement does not apply.: refugees and internally displaced persons; to persons of liberal professions and artists who have entered for a short period of time; to persons who come specifically for the purpose of education.

Article 2

The terms used in this Agreement have the following meanings:

"migrant worker (or employee)" is a person permanently residing in the territory of the Party of Departure who is legally engaged in paid employment activities.;

"family members" means 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 applicable legislation of the Party of employment.;

"employer (employer)" is an enterprise, institution, organization, regardless of its form of ownership and departmental affiliation, that provides employment in the Field of employment;

"Party of departure" is a State in whose territory migrant workers permanently reside and migrate to another State with the intention of getting a job.;

"Employment party" is a State in whose territory migrant workers who have arrived from another State carry out their work activities under the terms of an employment contract;

"Authorized bodies" - the bodies of the Parties, whose competence includes resolving issues related to the implementation of this Agreement.;

"working conditions" is a set of factors of the working environment that affect a person's health and performance during work, as well as the established length of working hours and rest periods, the provision of vacations, and remuneration in accordance with labor legislation on the employment Side.

Article 3

The procedure for attracting employees, qualification, age and other requirements for them are established by the Employment Party based on the legislation in force in its territory, unless otherwise provided by bilateral agreements. The number of employees employed is determined on the basis of bilateral agreements.

Article 4

Each of the Parties recognizes (without legalization) diplomas, certificates of education, relevant documents on the assignment of titles, grades, qualifications and other documents necessary for the performance of work and their translation into the official language of the Party of employment or Russian certified in accordance with the procedure established in the territory of the Party of departure. Work experience, including work experience on preferential terms and in a specialty, is mutually recognized by the Parties. Upon the final departure of a migrant worker from the Employment Site, the employer (employer) issues him a certificate or other document containing information on the duration of work and monthly salary.

Article 5

The entry of employees into the territory of the Party of Employment, stay and departure are carried out in accordance with the legislation in force on its territory and agreements concluded between the Parties. The parties may demand the early termination of the employment relationship and the return of the migrant worker to the Country of departure in cases of violation of the laws of the Employment Party and the rules of stay of foreign citizens.

Article 6

The employee's employment is formalized by an employment contract (contract) concluded with the employer in the official language of the Employment Party and Russian, in accordance with the labor legislation of the Employment Party, which is handed over to the employee before he leaves for work. The employment contract (contract) must contain the basic details of the employer and the employee, professional requirements for the employee, information about the nature of the work, working conditions and pay, working hours and rest, living conditions, as well as the duration of the employment contract, the terms of its termination, and the procedure for covering transportation costs. Employees enjoy the rights and perform the duties established by the labor legislation of the Party of employment. If an employment contract is terminated due to the liquidation or reorganization of an enterprise (institution, organization), reduction in the number or staff of employees, the migrant worker is subject to benefits and compensations, according to the legislation of the Employment Party for employees released on these grounds. In this case, the migrant worker must be returned to the Country of departure at the expense of the employer (employer). An employment contract cannot be transferred from one employer to another.

Article 7

The taxation of the labor income of employees of the Employment Party is carried out in accordance with the procedure and amounts established by the legislation of the Employment Party. The Parties do not allow double taxation of funds earned by employees.

Article 8

Employees and their family members have the right to import and export personal property in accordance with the current legislation of the Parties or bilateral agreements.

Article 9

The issues of pension provision for employees and their family members are regulated by the Agreement on Guarantees of the Rights of Citizens of the Member States of the Commonwealth of Independent States in the Field of Pension Provision dated March 13, 1992 or (and) bilateral agreements.

Article 10

Migrant workers enjoy social insurance and social security (except for pension benefits) in accordance with the legislation in force in the territory of the Party of employment, unless otherwise provided by a special agreement. Their medical care is provided at the expense of the employer (employer) of the Employment Party at the same level as its citizens.

Article 11

The procedure for compensation to an employee for damage caused by injury, occupational disease or other damage to health related to the performance of their work duties is regulated by the legislation of the Employment Party, unless otherwise provided by a separate agreement.

Article 12

In the event of the death of an employee, the employer (employer) organizes the transportation of the body and personal property of the deceased to the territory of the Party of departure, bears all related costs, informs the diplomatic or consular mission of this Party with the submission of materials on the death.

Article 13

The Parties shall inform each other about: national legislation and other regulations in the field of labor, employment, emigration and immigration, including the living conditions of migrant workers; the state of the labor markets of the Parties. The Parties shall take the necessary measures to prevent the employment of migrant workers by intermediaries who do not have the appropriate permits from the competent authorities of the Party of departure to carry out such activities. Any person who facilitates clandestine or illegal immigration is liable in accordance with the applicable laws of the Party of Employment.

Article 14

Employees may transfer earned funds to the territory of the Party of departure in accordance with the legislation of the Party of employment and subject to bilateral agreements.

Article 15

The Parties shall determine the relevant Competent Authorities no later than one month from the date of signing this Agreement.

Article 16

All issues related to the implementation of this Agreement are resolved through mutual consultations of the Authorized Bodies of the Parties or through the Advisory Council on Labor, Migration and Social Protection of the Population of the member States of the Commonwealth of Independent States, and, if necessary, between their Governments.

Article 17

The Parties may make necessary additions and amendments to this Agreement by mutual agreement, which are formalized by the relevant protocols and are an integral part of this Agreement.

Article 18

In the event of termination of this Agreement, its provisions shall remain in force with respect to employment contracts concluded by employees with the employer until the expiration of the period for which they were concluded.

Article 19

This Agreement shall enter into force on the date of delivery to the depositary of notifications from three Parties confirming that the participating States have completed the internal procedures necessary for its entry into force.

Article 20

This Agreement is open for accession by other States that share its goals and principles by submitting their instruments of accession to the depositary.

Article 21

This Agreement is concluded for a period of five years and will be automatically renewed each time for one year. Each of the Parties may declare its intention to withdraw from this Agreement by notifying the depositary in writing at least six months before the expiration of the relevant period.

Done in Moscow on April 15, 1994, in one original copy in the Russian language. The original copy is kept in the Archives of the Government of the Republic of Belarus, which will send a certified copy to the signatory States of this Agreement.

For the Government For the Government Azerbaijan Republic of the Republic of Moldova

For the Government For the Government of the Republic of Armenia Of the Russian Federation

For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan

For the Government For the Government of the Republic of Georgia of Turkmenistan

For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

For the Government For the Government Of the Kyrgyz Republic Of Ukraine

I hereby certify that the attached text is an authentic copy of the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers, signed on April 15, 1994 in Moscow, the original copy of which is kept in the Archives of the Government of the Republic of Belarus.

Deputy Minister of Foreign Affairs of the Republic of Belarus

I hereby certify that this text is a certified copy of the certified copy of the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers, signed on April 15, 1994 in Moscow.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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