On the protection of the rights of migrant workers and their family members

30.04.2018

Agreement

between the Government of the Republic of Uzbekistan and the Government of the Republic of Turkey

The Government of the Republic of Uzbekistan and the Government of the Republic of Turkey (hereinafter referred as the “Contracting Parties”), due to the necessity of legal regulation of the process of labor migration between both Parties, desiring to ensure the protection of the social, economic and other rights of migrant workers, guided by universally recognized norms and principles of international law, have agreed as follows:

Article 1

This Agreement shall regulate the provisions relating the protection of the rights of migrant workers, who are citizens of the Republic of Uzbekistan and their family members in Turkey, and migrant workers, who are citizens of the Republic of Turkey and their family members in Uzbekistan.

Article 2

1. This Agreement shall apply to all migrant workers irrespective of sex, race, language, religion or belief, political or other opinion, ethnic or social origin, age, economic, property, marital status and any other characteristic not associated with labor qualities.

2. Any provision of this Agreement shall not exempt migrant workers from the obligation to comply with the legislation of the host country and respect the culture and traditions of the host country.

Article 3

The terms used in this Agreement:

a) migrant worker: a citizen of the State of either Contracting Party legally residing in the territory of the State of the other Contracting Party and legally engaged in a paid employment;

b) contract: agreement concluded to regulate the labor relationship between employer and migrant worker;

c) labor activity: the work of a migrant worker in accordance with a concluded contract for the performance of work in accordance with the procedure and on conditions determined by the legislation of host country;

d) employer: a legal entity or natural person who employs migrant workers in accordance with the contract concluded with them in the manner prescribed by the legislation of the host country;

e) host country: the State of the Contracting Party to which the migrant worker arrived for employment;

f) family members of a migrant worker: spouse of migrant worker and his/her children under 18 years of age, who are dependents according to the legislation of the host country.

Article 4

1. Migrant workers shall work in the host country in accordance with the contract they conclude with employers according to its legislation.

2. The Contracting Parties shall not be liable for obligations arising from contract concluded between employer and migrant worker within the framework of this Agreement.

Article 5

1. The bodies of the Contracting Parties, responsible for the implementation of this Agreement (hereinafter referred to as the “competent authorities”) shall be:

For the Republic of Uzbekistan:

a) Ministry of Employment and Labor Relations;

b) Ministry of Internal Affairs;

c) Agency for Foreign Labor Migration under the Ministry of Employment and Labor Relations.

For the Republic of Turkey:

a) Ministry of Labor and Social Security;

b) Ministry of Interior.

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

3. The competent authorities shall establish a joint working group to resolve issues related to the implementation of this Agreement.

4. The competent authorities shall inform each other of followings:

a) the legislation of the States of the Contracting Parties regulating recruitment and employment of migrant workers and amendments made in this legislation;

b) legal procedures about the entry to and departure from the country and the amendments in such procedures;

c) living conditions of migrant workers;

d) labor market conditions of the States of the Contracting Parties;

e) institutions for the development of regional cooperation in the field of foreign labor migration and their activities.

5. For the purposes of implementing this Agreement, each of the Contracting Parties may open a representative office of its competent authority in the territory of the State of the other Contracting Party.

Article 6

1. This Agreement shall not apply to the following persons:

a) citizens of the Contracting Parties, who are posted or hired to work at the headquarters and representative office of international organizations, as well as to official representations of the State of one Contracting Party located in the territory of the State of the other Contracting Party;

b) citizens of the State of either Contracting Party, who are posted or hired abroad by that Contracting Party or on its behalf, to participate in the implementation of development programs or other programs of cooperation, the status of which is regulated by a separate agreement with the host country, and who, in accordance with this Agreement are not migrant workers;

c) asylum seekers, international protection applicants, international protection beneficiaries, persons under temporary protection, refugees and stateless persons;

d) citizens who are employed by a branch or permanent representation of an undertaking in the territory of the State of a Contracting Party other than the other Contracting Party in the territory of the State of which it has its registered office;

e) citizens of the State of one Contracting Party working for the foreign press and broadcasting organizations accredited in the territory of the State of the other Contracting Party;

f) students.

Article 7

The entry of migrant workers into the host country, stay in the country, as well as the departure from the country shall be carried out in accordance with the legislation of the host country and international agreements to which the host country is party.

Article 8

The Contracting Parties shall regulate migration flows in their countries and cooperate to prevent illegal labor activity.

Article 9

1. Migrant workers shall have right to rest in accordance with the legislation of the host country and the terms of the contract.

2. Migrant workers can be released from work on official holidays of the State of the Contracting Party in which they are citizens, by consent of the employer of the host country. The conditions for such release shall be determined in the contract.

3. Medical care for migrant workers shall be provided in accordance with the legislation of the host country.

4. Migrant workers shall have right to receive information from the competent authorities of the host country, regarding the working conditions and residence, as well as rights and obligations arising from the legislation of the host country.

5. A migrant worker shall have right to invite members of his/her family to the host country to live together in accordance with the legislation of the host country.

Article 10

1. The payment and other working conditions of migrant workers shall be regulated by the contract.

2. Remuneration of labor of migrant workers shall not be lower, and working conditions shall not be less favorable than that of citizens of the host country, having the same position, specialty, qualifications and performing similar work.

Article 11

When a migrant worker quits job in the host country, the employer shall submit to him/her the document, indicating the nature and type of work, duration of the work activity, as well as the qualification of the worker.

Article 12

1. Migrant workers may freely transfer their earnings outside the host country.

2. Taxation of the income of migrant workers shall be carried out in accordance with the legislation of the host country and the Agreement between the Government of the Republic of Turkey and the Government of the Republic of Uzbekistan for the Avoidance of Double Taxation with Respect to Taxes on Income dated 8 May 1996.

3. Migrant workers shall have right to social security in accordance with the legislation of the host country.

Article 13

1. Migrant workers shall not lose their authorization of residence by the mere fact of the termination of their remunerated activity prior to the expiration of their work permit, except where the authorization of residence is expressly dependent upon the specific remunerated activity for which they were admitted. Such migrant workers shall have right to seek alternative employment and benefit from active labor market services.

2. In the case of an early termination of the contract by the initiative of the employer due to the reasons laid down in the legislation of the host country, the employer shall give the migrant worker compensation prescribed under the contract and the legislation of the host country.

Article 14

1. If the migrant worker is exposed to work accidents, occupational diseases or other health problems, the migrant worker and survivors shall be entitled to benefits under the legislation of the host country.

2. When necessary, the Contracting Parties shall provide the necessary facilities for the transfer of the migrant workers' or members of the familyʼs funeral to their respective States. Death grants shall be compensated according to the legislation of the host country.

3. In case of the death of a migrant worker or a family member in the host country, if he/she left properties, rights, obligations and entitlement to take compensation for the death, the Contracting Parties shall provide the necessary assistance to relevant persons for the immediate settlement of the case. The resolution of these problems shall be carried out within the scope of this Agreement and the legislation of the host country in force in the light of the bilateral or multilateral agreements.

4. The concerned authority of the host country shall immediately inform the diplomatic mission or consular office and respective competent authorities of the other Contracting Party about the death of the migrant worker.

Article 15

In case of violation of the rules of entry into the territory of the host country or the regime of residence by the migrant worker, violation of the rules of migration registration, movement or the procedure for choosing the place of residence, he/she shall be liable according to the procedure stipulated by the legislation of the host country and all expenses made by sending country shall be compensated by migrant workers.

Article 16

Each of the Contracting Parties shall recognize the diplomas, educational certificates, documents holding the title, rank, qualification and other documents necessary for the performance of labor activity, all of which are documented by sending country according to the legislation of the host country.

Article 17

Disputes between the Contracting Parties that may arise in the interpretation or application of this Agreement shall be settled through negotiations and consultations of the joint working group established pursuant to paragraph 3 of Article 5 of this Agreement.

Article 18

Amendments and additions to this Agreement shall be made by mutual consent of the Contracting Parties. These amendments and additions shall enter into force as set out in Article 19 of this Agreement.

Article 19

1. This Agreement shall enter into force upon receiving the last written notification of the fulfillment of the domestic procedures necessary for its entry into force by the Contracting Parties through the diplomatic channels.

2. This Agreement is concluded for an indefinite period. Each Contracting Party may terminate this Agreement by notifying the other Contracting Party in writing through diplomatic channels. In this case, this Agreement shall terminate upon the expiration of 6 months from the date of receipt of such notice.

Done and signed at Tashkent on 30 April 2018 in duplicate, each in the Uzbek, Turkish and English languages, all texts being equally authentic. In the event of any discrepancy in the interpretation of the provisions of this Agreement, the English text shall prevail.

(signature)