Section XXVI
LABOUR MIGRATION
Article 96
Cooperation between the Member States in the Sphere of Labour Migration
1. The Member States shall cooperate on agreement of their policy in
the sphere of labour migration within the Union, as well as to assist the
organised recruitment and involvement of workers of the Member States for
employment in the Member States.
Cooperation between the Member States in the sphere of labour migration shall be carried out through the interaction between state authorities of the Member States having the respective jurisdiction.
Cooperation between the Member States in the sphere of labour migration within the Union shall be carried out in the following forms:
1) agreement of common principles and approaches in the sphere of labour migration;
2) exchange of regulatory legal acts;
3) exchange of information;
4) implementation of measures aimed at preventing the spread of false information;
5) exchange of experiences, internships, seminars and training courses;
6) cooperation in the framework of advisory authorities.
Upon agreement between the Member States, other forms of cooperation in the sphere of migration may be established.
The terms used in this Section shall have the meanings set forth
below:
“state of entry” means a Member State entered by a national of another
Member State;
“state of permanent residence” means a Member State which national is a worker of a Member State;
“state of employment” means a Member State of employment;
“certificates of education” means state education documents, as well as certificates of education recognised as state education documents;
“customer of works (services)” means a juridical or natural person providing a worker of a Member State with work based on a concluded civil
law contract in the procedure and on the terms provided for by the legislation of the state of employment;
“migration card” means a document containing information about a national of a Member State entering the territory of another Member State used for registration and control of his|her temporary stay on the territory of the state of entry;
“employer” means a juridical or natural person providing a worker of a Member State with work based on a concluded employment contract in the procedure and on the terms provided for by the legislation of the state of employment;
“social security (social insurance)” means compulsory insurance against temporary disability and maternity insurance, compulsory insurance against occupational accidents and diseases and compulsory health insurance;
“employment” means activities performed under an employment contract or in execution of works (services) under a civil law contract carried out on the territory of the state of employment in accordance with the legislation of that state;
“worker of a Member State” means a person who is a national of a
Member State lawfully residing and lawfully engaged in labour activities in the state of employment, of which he or she is not a national and where he or she does not permanently reside;
“family member” means a spouse of the worker of a Member State, as well as their dependent children and other persons recognised as members of their families in accordance with the legislation of the state of employment.
Article 97
Employment of Workers of the Member States
Employers and|or customers of works (services) of a Member State may employ workers of the Member States without consideration of any restrictions for the protection of their national labour market. However, workers of the Member States shall not be required to obtain employment permits for the state of employment.
The Member States shall not determine or apply any restrictions provided by their legislation for the protection of their national labour market, except for the restrictions determined by this Treaty and the legislation of the Member States aimed at ensuring their national security (including in economic sectors of strategic importance) and public order, with regard to relations with workers of the Member States, their employment, occupation and territory of stay.
In order to enable workers of the Member States to conduct labour activities in the state of employment, education certificates issued by educational organisations (educational institutions, organisations in the sphere of education) of the Member States shall be recognised without carrying out by the state of employment the procedures of recognition of education certificates determined by their legislation.
Workers of a Member State applying for employment in educational, legal, medical or pharmaceutical spheres in another Member State shall undergo the procedure of recognition of education certificates determined by the legislation of the state of employment and shall be admitted to such educational, legal, medical or pharmaceutical activities in accordance with the legislation of the state of employment.
Documents on scientific and academic degrees issued by the authorised authorities of the Member States shall be recognised in accordance with the legislation of the state of employment.
Employers (customers of works (services)) shall be entitled to request certified translations of education certificates into the language of the state of employment and as well as for the purpose of verification of education certificates of workers of the Member States if it is required, employers (customers) shall be entitled to submit requests, including by reference to information databases, to educational organisations (educational institutions, organisations in the sphere of education) that have issued the education certificates and obtain appropriate responses.
Employment of workers of a Member State shall be governed by the legislation of the state of employment subject to the provisions of this Treaty.
The period of temporary stay (residence) of a worker of a Member State and his|her family members on the territory of the state of employment shall depend on the duration of an employment contract or a civil law contract concluded by the worker with the employer or customer of works (services).
Nationals of the Member States entering the territory of another Member State for employment and their family members shall be exempt from the obligation to register within 30 days from the date of entry.
If a national of a Member State stays on the territory of another Member State for more than 30 days from the date of entry, this national shall be required to register in accordance with the legislation of the state of entry, if such a requirement is determined by the legislation of the state of entry.
Nationals of the Member States, when entering the territory of another Member State in cases provided for by the legislation of the state of entry, shall use migration cards, unless otherwise provided for by international treaties of the Member States.
When entering the territory of another Member State using one of the valid documents suitable for affixing marks of border control authorities on crossing of the state border, nationals of the Member States shall not be required to use migration cards, provided that the duration of their stay does not exceed 30 days from the date of entry, if such a requirement is determined by the legislation of the state of entry.
In the event of early termination of an employment contract or a civil law contract after the expiry of 90 days from the date of entry into the territory of the state of employment, the worker of a Member State shall be entitled, without departure from the territory of the state of employment, to enter into a new employment contract or a civil law contract within 15 days.
Article 98
Rights and Obligations of Workers of the Member States
A worker of a Member State shall be entitled to engage in professional activities in accordance with their specialisation and qualifications specified in their certificates of education and documents on awarding a scientific and|or academic degree, to be recognised in accordance with this Treaty and the legislation of the state of employment.
In accordance with the procedure determined by the legislation of the state of employment, workers of a Member State and their family members shall exercise the rights to:
possess, use and dispose of their property;
protection of property;
free transfer of funds.
Social security (social insurance) (except pensions) of workers of the Member States and their family members shall be ensured on the same conditions and in the same manner as those of the nationals of the state of employment.
Employed (pensionable) service of workers of the Member States shall be included in the total employed (pensionable) service for the purposes of social security (social insurance), except for pensions, in accordance with the legislation of the state of employment.
Pension benefits of workers of the Member States and their family members shall be governed by the legislation of the state of permanent residence, as well as by an international treaty between the Member States.
The right of workers of the Member States and their family members to receive emergency medical care (emergency and urgent care) and other types of medical treatment shall be governed in the procedure under Annex 30 to this Treaty, as well as by the legislation of the state of employment and international treaties a party to which it constitutes.
A worker of a Member State shall be entitled to join trade unions on a par with the nationals of the state of employment.
A worker of a Member State shall be entitled to receive from the state authorities of the state of employment (having the respective jurisdiction) and the employer (customer of works (services)) any information relating to the conditions of his|her stay and employment, as well
as the rights and obligations provided for by the legislation the state of
employment.
ĀȀ⸀Āᜀ At the request of a worker of a Member State (including former workers), the employer (customer of works (services)) shall, at no charge, provide a certificate and|or a certified copy of a certificate indicating the profession (specialisation, qualifications and positions), the period of employment and wages within the terms determined by the legislation of the state of employment.
ĀȀ⸀Āᜀ Children of a worker of a Member State residing together with the worker on the territory of the state of employment shall be entitled to attend pre-school institutions and receive education in accordance with the legislation of the state of employment.
ĀȀ⸀Āᜀ Workers of a Member State and their family members shall be required to comply with the legislation of the state of employment, respect the culture and traditions of the people of the state of employment, and be liable for offences under the legislation of the state of employment.
ĀȀ⸀Āᜀ Income of workers of a Member State generated as a result of employment in the state of employment shall be taxable in accordance with international treaties and legislation of the state of employment subject to the provisions of this Treaty.