On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on Labor Activity and Protection of the Rights of Migrant Workers who are Citizens of the Republic of Uzbekistan in the Republic of Kazakhstan and Migrant Workers who are Citizens of the Republic of Kazakhstan in the Republic of Uzbekistan

The Law of the Republic of Kazakhstan dated April 17, 2020 No. 314-VI SAM.

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on Labor Activity and protection of the Rights of Migrant Workers who are Citizens of the Republic of Uzbekistan in the Republic of Kazakhstan and Migrant Workers who are Citizens of the Republic of Kazakhstan in the Republic of Uzbekistan, concluded in Tashkent on April 15, 2019.

     President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on labor activity and protection of the rights of migrant workers who are citizens of the Republic of Uzbekistan in the Republic of Kazakhstan and migrant workers who are citizens of the Republic of Kazakhstan in the Republic of Uzbekistan

     (Entered into force on April 4, 2021, Bulletin of International Treaties of the Republic of Kazakhstan 2021, No. 3, Article 16)  

     The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, hereinafter referred to as the Parties,

     based on the need for legal regulation of the labor migration process and the creation of favorable conditions for the movement of labor between the two States,

     Desiring to ensure the protection of the social, economic and other rights of migrant workers,

     guided by the generally accepted norms and principles of international law,

     Based on the principles contained in the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers, signed on April 15, 1994 within the framework of the Commonwealth of Independent States,

     have agreed on the following:

Article 1

     This Agreement regulates the issues of labor activity and protection of the rights of migrant workers who are citizens of the Republic of Kazakhstan and citizens of the Republic of Uzbekistan.

Article 2

     1. This Agreement applies to all migrant workers, regardless of gender, race, language, religion or beliefs, political or other views, national, ethnic or social origin, age, economic, property, marital status or any other attribute unrelated to the business qualities of the employee.

     2. Nothing in this Agreement shall exempt migrant workers from the obligation to comply with the legislation of the receiving State, the provisions of this Agreement, and respect the culture and traditions of the peoples of the receiving State.

Article 3

     The following terms are used in this Agreement:

     "migrant worker" is a person who is a citizen of the State of one Party, who has reached the age of 18, is lawfully residing in the territory of the State of the other Party and is lawfully engaged in paid work there.;

     "labor activity" is the work of a migrant worker on the basis of a concluded employment contract, carried out in accordance with the procedure and on the terms determined by the legislation of the receiving State.;

     "employer" is a legal entity or individual who employs migrant workers on the basis of employment contracts concluded with them in accordance with the procedure provided for by the legislation of the receiving State.;

     "receiving State" means the State of the Party to whose territory the migrant worker arrived for the purpose of carrying out work.

Article 4

     1. Migrant workers carry out their work in the territory of the receiving State in accordance with its current legislation, on the basis of:

     a) employment contracts concluded with employers of the host State;

     b) employment permits provided for by the legislation of the receiving State.

     2. The parties are not responsible for obligations arising from employment contracts concluded with employers of the host State.

Article 5

     1. The authorities of the States of the Parties responsible for the implementation of this Agreement (hereinafter referred to as the competent authorities) are:

     from the Republic of Kazakhstan - Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan;

     from the Republic of Uzbekistan - the Ministry of Employment and Labor Relations of the Republic of Uzbekistan and the Agency for External Labor Migration under the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.

     2. In case of changes related to the competent authorities, the Parties notify each other of such changes through diplomatic channels.

     3. The competent authorities shall inform each other in advance of changes in the laws of the States of the Parties in the field of recruitment and use of migrant workers.

Article 6

     This Agreement does not apply to the following persons:

     a) citizens of the States of the Parties sent to work or employed at the headquarters and representative offices of international organizations, as well as at the official representative offices of the State of one Party in the territory of the State of the other Party;

     b) citizens of the States of the Parties who have been sent to work or hired by the State of one Party or on its behalf outside its territory to participate in the implementation of development or other cooperation programs, the status of which is regulated by a separate international agreement with the host State, and who, for the purposes of this Agreement, are not migrant workers;

     c) refugees and stateless persons, if such application is not provided for in the legislation of the receiving State or in international treaties to which the States of the Parties are parties;

     d) students.

Article 7

     The entry of migrant workers into the territory of the receiving State, as well as departure and stay from/on the territory of the receiving State, are carried out in accordance with the legislation of the receiving State and international treaties to which the States of the Parties are parties.

Article 8

     The Parties shall implement measures provided for by the laws of their States to regulate migration flows and prevent illegal labor activity in the territories of their States.

Article 9

     1. Migrant workers have the right to rest in accordance with the legislation of the receiving State and the terms of the employment contract.

     2. Migrant workers have the right to receive a guaranteed amount of free medical care for acute illnesses that pose a danger to others, in accordance with the list determined by the legislation of the receiving State, unless otherwise provided by international treaties to which the States of the Parties are parties.

     Medical services that are not included in the list of guaranteed free medical care are provided on a paid basis or as part of voluntary medical insurance.

     3. Migrant workers have the right to receive information from the competent authorities of the receiving State concerning the conditions and procedures for their stay and employment in the territory of the receiving State, as well as the rights and obligations arising from the legislation of the receiving State.

Article 10

     1. The remuneration and other working conditions of migrant workers are regulated by the migrant worker's employment contract with the employer of the receiving State in accordance with the legislation of the receiving State.

     2. The remuneration of migrant workers should not be lower, and the working conditions should not be less favorable than for citizens of the host State who have the same position, specialty, qualifications and perform similar work.

Article 11

     Upon the final departure of a migrant worker from the territory of the receiving State, the employer shall issue to him, in accordance with the procedure established by the legislation of the receiving State, a document indicating information on the nature and duration of work, as well as qualifications during his stay in the territory of the receiving State.

Article 12

     1. Migrant workers may transfer their earnings to the territory of their State of nationality in accordance with the legislation of the receiving State and international treaties to which the States of the Parties are parties.

     2. Taxation of the income of migrant workers is carried out in accordance with the legislation of the receiving State and international treaties to which the States of the Parties are parties.

     3. Pension and social security of migrant workers is provided in accordance with the legislation of the receiving State.

Article 13

     1. Upon termination of the employment contract, the migrant worker is obliged to leave the territory of the receiving State before the expiration of the period of stay established by the legislation of the receiving State.

     2. In case of early termination of an employment contract with a migrant worker on the initiative of the employer on the grounds provided for by the legislation of the receiving State, the employer provides the migrant worker with compensation provided for by the employment contract and the legislation of the receiving State.

Article 14

     1. In cases of death or injury by a migrant worker related to the performance of his work duties, the employer makes payments and compensations established by the legislation of the receiving State.

2. In the event of the death of a migrant worker due to the fault of the employer, the employer shall arrange for the transportation of the body (remains) of the deceased and pay the costs associated with this transportation, transportation and transfer of his property, as well as the transfer of earned funds.

     3. The procedure for compensation to a migrant worker for injury, occupational disease or other harm to health related to the performance of his work duties is regulated by the legislation of the receiving State, unless otherwise provided for by international treaties to which the States of the Parties are parties.

Article 15

     In order for migrant workers to work in the territory of the receiving State, educational documents are recognized without carrying out the procedures for recognizing educational documents established by the legislation of the receiving State.

     At the same time, migrant workers who have the right to engage in pedagogical, medical or pharmaceutical activities, who have received pedagogical, medical or pharmaceutical education, undergo the procedure for recognizing educational documents established by the legislation of the receiving State and are allowed, respectively, to engage in pedagogical, medical and pharmaceutical activities in accordance with the procedure established by the legislation of the receiving State.

     Documents on academic degrees and academic titles issued by the authorized bodies of the State of citizenship of migrant workers are recognized in accordance with the legislation of the receiving State.

Article 16

     Disputes between the Parties that may arise during the interpretation or application of this Agreement are resolved through negotiations and consultations.

Article 17

     By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are its integral parts and are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 18 of this Agreement.

Article 18

     1. This Agreement shall enter into force on the thirtieth (30) day after the date of receipt, through diplomatic channels, of the last of the written notifications from the Parties on the completion of the internal procedures necessary for its entry into force.

     2. This Agreement is concluded for an indefinite period. Each of the Parties has the right to terminate this Agreement by sending a written notification to the other Party through diplomatic channels of its intention to terminate it. In this case, this Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt of such notification.

     Done in Tashkent on April 15, 2019, in two copies, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic. In case of a discrepancy between the texts, the Parties refer to the text in Russian.

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Uzbekistan

            Note from <url>!  The text of the Agreement in Uzbek is attached below.  

President    

Republic of Kazakhstan     

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