IT IS REGISTERED
Ministry of Justice
Republic of Tajikistan
of November 23, 2009 No. 552
Approved by the Order of the Minister of Labour and Social Protection of the population of the Republic of Tajikistan of October 29, 2009 No. 86
These rules are developed according to article 4 of the Law of the Republic of Tajikistan "About checks of activities of business entities in the Republic of Tajikistan", Article 225 of the Labor code of the Republic of Tajikistan, article 25 of the Law of the Republic of Tajikistan "About labor protection", article 28 of the Law of the Republic of Tajikistan "About the national social insurance", article 31 of the Law of the Republic of Tajikistan "About assistance of employment of the population", article 12 of the Law of the Republic of Tajikistan "About provision of pensions of citizens of the Republic of Tajikistan" and the Provision of Public service by supervision in the field of work, employment and social protection of the population the approved Order of the Government of the Republic of Tajikistan of March 3, 2007 No. 104 also is determined by observance of procedure for conducting checks of the organization and activities of business entities in the field of work, employment and social protection of the population.
1.1. These rules are obligatory for all inspection bodies, authorized to perform checks of activities of business entities regarding observance of requirements of the legislation of the Republic of Tajikistan by them about work, industrial safety rules, standards and regulations of labor safety, conducting examination of working conditions, the labor market and employment of the population, internal labor migration, social insurance and social protection of the population.
1.2. The main objectives resolved during conducting check are:
- check of observance by business entity of the legislation in the field of work, employment and social protection of the population.
- timely identification, suppression and prevention of offenses of requirements of rules of work, the employment and social protection of the population doing harm to economic interests of the Republic of Tajikistan, to the rights and legitimate interests of citizens, establishment of the reasons and conditions promoting their making;
- taking measures to compensation of damage suffered.
1.3. Officials of Public service on supervision in the field of work, employment and social protection of the population when implementing checks of activities of business entities shall:
- to be guided strictly by the Constitution of the Republic of Tajikistan, regulatory legal acts of the Republic of Tajikistan, including the Law "About Checks of Activities of Business Entities in the Republic of Tajikistan" and these rules;
- take necessary measures for suppression and the prevention of the facts of the violation of the law, indemnification caused to the state, accountability of perpetrators, application of stipulated by the legislation sanctions.
- prior to check to explain the rights and obligations of the checked business entity, and also the rights and obligations connected with conducting checks;
- not interfere with representatives of business entity to be present when conducting check and to make them explanations on the questions relating to check subject;
- perform in strict accordance with the letter or the order of the chief of Public service on supervision in the field of work, employment and social protection of the population and its subordinated services on places about the conducting check according to the procedure provided by the Law "About Checks of Activities of Business Entities in the Republic of Tajikistan" and these rules;
- provide quantitative and qualitative content of temporarily withdrawn documents, experimental samples and other materials, and also provide their timely return;
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