ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 2, 2005 No. 454

About the General agreement between the Government of the Republic of Tajikistan, associations of employers of the Republic of Tajikistan and Federation of trade unions of Tajikistan for 2006-2008

List of amending documents

According to the Law of the Republic of Tajikistan "About social partnership, agreements and collective agreements" the Government of the Republic of Tajikistan decides:

1. Approve the General agreement between the Government of the Republic of Tajikistan, by associations of employers of the Republic of Tajikistan and Federation of trade unions of Tajikistan for 2006-2008 it (is applied).

2. Approve the structure of the tripartite commission on regulation of the social and labor relations approved by the Parties in the Republic of Tajikistan.

3. Authorize the Prime Minister of the Republic of Tajikistan Akilov A. G. on behalf of the Government of the Republic of Tajikistan to sign the specified General agreement.

Take into consideration that the specified General agreement is authorized to be signed on behalf of associations of employers of the Republic of Tajikistan: Uldzhabayeva M. T. - the chairman of National association of small and medium business of the Republic of Tajikistan, Sharipov A.F.predsedatel of the Union of Dehkan (farmer) farms and entrepreneurs of the Republic of Tajikistan and on behalf of Federation of trade unions of Tajikistan Salikhov M. S. is the chairman of Federation.

4. Offer associations of employers of Tajikistan, Federation of trade unions of Tajikistan and to charge to the ministries and departments of the Republic of Tajikistan to take necessary measures for accomplishment of undertaken obligations and following the results of every half-year to inform the tripartite commission on regulation of the social and labor relations in the Republic of Tajikistan on the course of their accomplishment.

 

 

Approved by the order of the Government of the Republic of Tajikistan of December 2, 2005 No. 454

The general agreement between the Government of the Republic of Tajikistan, associations of employers of the Republic of Tajikistan and Federation of trade unions of Tajikistan for 2006-2008

Being guided by the Labor code of the Republic of Tajikistan, the Law of the Republic of Tajikistan "About social partnership, agreements and collective agreements", the President's letter of the Republic of Tajikistan Majlisi Oli of the Republic of Tajikistan of April 16, 2005, the Program of economic development of the Republic of Tajikistan for the period till 2015, the Document of strategy of reducing poverty, the principles of social partnership, for the purpose of regulation of the social and labor relations, achievement of public consent, social stability, recognizing that forming of the flexible labor market, creation new and preserving the existing workplaces, ensuring full employment of manpower, protection of the rights and interests of labor migrants are one of factors of economic development of the country, increase in level of living of the population and decrease in level of poverty, realizing, that the salary for vast majority of workers is the main source of the income of family and for the purpose of more complete providing working with measures, the provided system of the national social insurance and creation of necessary conditions for social protection of the population, the Government of the Republic of Tajikistan, merging of employers of the Republic of Tajikistan and Federation of trade unions of Tajikistan (further "Parties") signed this General agreement for 2006-2008. During negotiations of the Party reached the agreement on realization of the following tasks:

I. In the field of economic policy

1. The parties within the powers are considered necessary:

To Provide 1) in 2006-2008 annual surplus of production of the gross domestic product (GDP).

2) to Take effective measures on suspension of output gap in industries of real production sector and to achievement of annual average rates of surplus of production in structure of gross domestic product.

3) to Develop and accept the specific criteria of strategy of economic development of the country providing:

- ensuring the maximum employment of the population in all sectors of economy;

- decrease in level of the actual unemployment to minimum admissible level;

- acceptance of package of measures, the free money of the population promoting stimulation of investment into productive activity;

- review of financial policy towards strengthening of its influence on development of real production sector, especially in industrial industries;

- involvement of natural resources for the accelerated development of the industry and forming of the corresponding infrastructures;

- achievement of high growth rates of performance of social labor and investments;

- steady increase in level of living of the population and decrease in poverty.

4) to Try to obtain forming of the budget policy stimulating development of industrial and agrarian economy and effective distribution of budgetary funds within accurately certain priorities.

5) to Take measures for support of the domestic producers providing the domestic market with goods and creating new workplaces by their providing with local raw material resources and to assist in attraction of foreign investments.

6) Effective financing and distribution of material money resources for consecutive equalization of levels of economic and social development of regions of the country.

7) the Government considers necessary continuation of rate on carrying out the single state monetary policy providing:

- assistance to development of system of microcredit for support of small and medium entrepreneurship;

- ensuring stability of macroeconomic indicators of the country;

- ensuring transparency of budgets of all levels and off-budget funds;

- creation of equal conditions of the competition for all economic subjects;

- achievement of financial stabilization, maintenance of purchasing power of national currency and non-admission of growth of inflation expectations;

- creation of the security markets and forming of the insurance markets meeting the requirements of market economy;

- development and acceptance of effective measures for elimination of non-payments,

- decrease in unprofitability of the companies and shortage of working capital.

8) Develop and implement the industrial policy providing:

- recovery of industrial potential, support of the most perspective industries and productions, and also the viable companies which would correspond to requirements of the domestic market and the creating premises for development of economy;

- creation of the favorable investment climate for the accelerated development of the domestic industry;

- increase in construction of small hydroelectric power stations in the remote mountainous areas of the republic.

9) to Take measures for change of the social policy in the village directed on:

- decrease in level of poverty by employment increase, increases in the income of rural population, development of infrastructure and alternative types of activity;

- repayments of the formed wages payable, to benefits and equated to them to payments;

- taking measures to scope of all members of Dehkan (farmer) farms social insurance;

- construction of small workshops and companies of processing industries;

- conducting legal examination of justification of conditions of agreements, imposed to Dehkan (farmer) farms from fyyucherist.

10) For the purpose of the accelerated development of economy, the solution of social tasks, more complete use of opportunities of small and medium entrepreneurship, increase in share of this sector in growth of the government budget of the Party will take measures on:

- to implementation of the mechanism of the state guarantees of protection of the rights and freedoms of activities of subjects of small and medium entrepreneurship;

- to creation of effective mechanisms of financial and credit support and risks insurance of small business;

- to prevention of unreasonable checks and interventions from different bodies and services in activities of economic subjects, in particular, in activities of small and medium entrepreneurship;

- to creating favorable conditions for provision of the microcredits to poor segments of the population for the organization of business activity.

II. Work market development, assistance of employment of the population and protection of the rights and interests of labor migrants

2. The parties are considered necessary:

1) to Take measures for development and deployment of the state program of employment of the population and about the course of accomplishment of this program to inform the tripartite commission on regulation of the social and labor relations.

2) For the purpose of removal of intensity in the labor market to take measures for acceleration of implementation of measures, provided in the Agreement between the Government of the Republic of Tajikistan and the Government of the Russian Federation on labor activity and protection of the rights of citizens of the Republic of Tajikistan in the Russian Federation and citizens of the Russian Federation in the Republic of Tajikistan, signed on October 16, 2004 in the city of Dushanbe.

3) to Create the flexible labor market capable to occupy certain part of the unemployed by ensuring part-time employment.

4) to Render assistance to development of home work, crafts and other types of self-employment in regions with it is excessive manpower.

5) to Carry out monitoring of labor demand for reduction of system of training of personnel with requirements of economy and the labor market of the Russian Federation.

6) to Develop actions for employment of graduates of organizations of professional education and their fixing on workplaces.

7) to Take measures for realization of the mechanism of temporary employment of teenagers and youth, and also the organization of paid social jobs.

8) To annually provide in the budget of Social Security Fund of the population under the Government of the Republic of Tajikistan the necessary means providing timely and in full allowance payment on unemployment to the citizens recognized in accordance with the established procedure as the unemployed.

III. Compensation, income, level of living of the population and decrease in level of poverty.

3. The parties are considered necessary:

To Review 1) towards increase in share of the salary fund in gross domestic product.

2) Annually when forming the government budget to provide salary increase for budget industries, pensions, benefits and grants.

3) to Adopt regulatory legal acts on implementation of Article 108 of the Labor code of the Republic of Tajikistan.

IV. Social insurance and social it is sewn up the populations.

4. The parties are considered necessary:

1) For implementation of the Law of the Republic of Tajikistan "About the national social insurance" to take the following measures:

- cover all citizens of the Republic of Tajikistan working as at the companies and the organizations of the Republic of Tajikistan, irrespective of patterns of ownership, and at the overseas enterprises functioning in the territory of the Republic of Tajikistan system of the measures provided by the national social insurance;

- try to obtain from employers of fulfillment of requirements of the legislation of the Republic of Tajikistan on obligatory and timely transfer of social fees in Fund of social the populations are sewn up under the Government of the Republic of Tajikistan;

- enhance increase in level of provision of pensions of citizens, by effective carrying out pension reform.

To Develop 2) and in accordance with the established procedure to make offers on compulsory social insurance on work loss case.

3) to Develop and realize specific measures for support and material security of orphanages, boarding schools, nursing homes and aged, and also to provision of privileges in case of enrollment of students and average special educational institutions of pupils of the above-stated organizations.

4) to Provide participation of representatives of merging of employers, trade union associations and the Governments of the Republic of Tajikistan in management of insurance means.

5). Timely and in full to perform financing:

- actions of Federation of trade unions of Tajikistan for legal protection of the population, equity content of sanatoria of dispensaries, recreation camps, partial content of states of schools for children and young people;

- actions of state policy of assistance of employment;

- payments of compensation instead of unused permits to sanatorium treatment to disabled people of the Great Patriotic War and persons equated to them.

6) Federation of trade unions of Tajikistan within the allocated funds:

- will timely and qualitatively prepare sanatorium organizations, rest houses and improving the camp for acceptance of workers, members of their families, children, teenagers and will organize their sanatorium treatment;

- will prepare for disabled people and participants of the Great Patriotic War special rooms in sanatoria and resorts of labor unions;

- will mark out certain number of free and preferential permits in country improving the camp to the orphan children and children needing social support;

- will organize sports and mass work among workers.

7) the Federation of trade unions of Tajikistan and its member organizations according to the current legislation will exercise public control for:

- adherence to deadlines of salary payment, vacation pay and benefits within system of social insurance;

- compensation of the damage connected with damage of health on production and compensation under the terms of work.

V. Protection of labor rights, labor protection and ecological safety

5. The parties are considered necessary:

1) to Develop and implement the following events on labor protection:

- providing working with means of individual and collective protection;

- creation of proper life, sanitary and hygienic working conditions;

- training in the field of labor protection.

To Develop 2) and in accordance with the established procedure to submit for consideration by Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan the project of new edition of the Law of the Republic of Tajikistan "About labor protection".

3) to Develop and approve the list of productions, professions and positions in which work grants the right to treatment-and-prophylactic food, diet and rules of its issue, and also the list of harmful production factors and works in case of which accomplishment preliminary periodic medical examinations, procedure and frequency of their carrying out are performed.

4). Take measures for ratification of the Convention No. 81 of the ILO of 1947 "About inspection of work" and the Protocol of 1995 to this Convention and the Convention No. 155 of 1981 "About safety and occupational health".

5) to Take measures for implementation of the State ecological program for what:

- not allow commissioning of the new and reconstructed objects without devices preventing pollution and harmful effects of waters;

- provide normative use of fertilizers and agricultural chemicals;

- create and recover departmental laboratories on control of quality of water;

- reconstruct acting and where it is necessary, to take measures for construction of sewer treatment facilities in the cities and large settlements;

- take measures for the termination of dumping of the contaminated sewage into water objects and the environment.

6) the Federation of trade unions of Tajikistan for implementation of public control over observance of regulations and rules on labor protection will take the measures directed on;

- providing safe working conditions, increase in legal security of hired employees, participation in preparation of the regulatory legal acts affecting the labor and social and economic rights of working;

- further implementation of institute of public control, increase in role of public representatives for labor protection and enhancement of their work;

- enhancement of the existing intra trade-union regulatory legal acts in the field of implementation of public control over compliance with law about work and about labor protection;

- enhancement of forms and training methods of inspectors of work and trade-union asset.

VI. Social partnership and coordination of actions of the Parties

6. The parties are considered necessary:

1) Within the Law of the Republic of Tajikistan "About social partnership, agreements and collective agreements" and the specified Agreement:

- take measures for implementation of the reached agreements of this agreement;

- for the purpose of development of social partnership to render assistance in activation of work Republican, the industry and regional tripartite commissions for participation in the solution of social and economic problems of the regions;

- organize experience exchange about the achieved success of the tripartite commissions between different industries and regions;

- render assistance in creation of republican merging of employers of Tajikistan.

2) For strengthening of social partnership the Government of the Republic of Tajikistan will direct for discussion and development of joint line items drafts of the regulatory legal acts mentioning the social and labor relations to representative bodies of workers, associations of employers, and also the tripartite commission.

3) the Parties recommend to the structural bodies and divisions to include the following provisions providing during the conclusion of agreements and collective agreements:

- ensuring monthly salary payment;

- assistance in employment or retraining of the released workers;

- non-admission of increase in reducing number or staff of workers from among the lonely mothers having minor children, except for violators of labor and production discipline;

- establishment of guarantees to the workers exempted from the main work owing to their election on elective offices in the trade-union organizations, provisions to these workers of former or equivalent work after the termination of powers in elected body.

4) In case of failure to carry out of the reached agreements by the separate parties, other Party has the right to demand convocation of the tripartite commission for taking measures to realization of undertaken obligations.

5) This General agreement can form basis for the conclusion of industry, regional agreements and collective agreements.

6) This agreement becomes effective from the moment of its signing by the Parties and is effective to the conclusion of the new Agreement. During action of this agreement for mutual consent of the parties changes and additions are made.

7) After signing of the General agreement of the party is developed in a month by actions for realization of undertaken obligations and submit them for approval of the tripartite commission.

8) During the term of this agreement the Parties take all measures for implementation of the assumed liabilities depending on them.

9) After signing of the General agreement Government of the Republic of Tajikistan in ten-day time will publish it in republican mass media.

 

At the request of the Parties signed from: Governments of the Republic of Tajikistan Prime minister of the Republic of Tajikistan

A. Akilov

 

Republican consolidation employers of the Republic of Tajikistan: Chairman of the Union of Dehkan (farmer) farms and entrepreneurs Republic of Tajikistan

A. Sharipov

 

Chairman of National Association small isredny business Republic of Tajikistan

M. Uldzhabayeva

 

Republican trade union association: Chairman of Federation of trade unions Tajikistan

M. Salikhov

 

Approved by the order of the Government of the Republic of Tajikistan of December 2, 2005, No. 454

Structure of the Tripartite commission on regulation of the social and labor relations in the Republic of Tajikistan

Commission chairman:

Prime Minister of the Republic of Tajikistan

From the Government of the Republic of Tajikistan:

Deputy prime minister of the Republic of Tajikistan

Minister of Labour and Social Protection of the population of the Republic of Tajikistan

Head of department of employment and social protection of the population of Executive office of the President of the Republic of Tajikistan

Deputy minister of justice of the Republic of Tajikistan

First Deputy Minister of Finance of the Republic of Tajikistan

Deputy minister of economic development and trade of the Republic of Tajikistan

Deputy Minister of Energy and industries of the Republic of Tajikistan

From Federation of independent labor unions of Tajikistan:

Chairman of Federation of independent labor unions of Tajikistan

Vice-chairman of Federation of independent labor unions of Tajikistan

Chairman of the Central committee of labor union of employees of public institutions and public servicing of the Republic of Tajikistan

Chairman of Republican committee of labor union of railroad workers

Chairman of Republican committee of labor union of workers of health sector

Chairman of the Central committee of labor union of employees of agro-industrial complex of Tajikistan

Chairman of Federation of labor union of employees of aircraft

From Merging of employers of the Republic of Tajikistan:

Chairman of Merging of employers of the Republic of Tajikistan

Chairman of National association of small and medium business of the Republic of Tajikistan

Vice-chairman of National association of Dehkan (farmer) farms of the Republic of Tajikistan

Chairman of non-commercial charity foundation "Savob" Chairman of national consolidation of disabled people of Tajikistan

Chairman of the Scientific and industrial union of the Republic of Tajikistan

Director of the state unitary enterprise "Tochikhorichakor" of the Ministry of Labour and Social Protection of the population of the Republic of Tajikistan.

 

 

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