On Trade Unions, Their Rights And Activity Guarantees

Original Language Title: О профессиональных союзах, их правах и гарантиях деятельности

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On trade unions, their rights and operating guarantees this law determines the legal bases of education and activities of trade unions and the rights and guarantees of their activities.
 
Chapter i. General provisions article 1. Trade unions in Turkmenistan trade unions in Turkmenistan (hereinafter the Union)-are autonomous public organizations voluntarily formed by citizens to represent and protect labour and other related socio-economic rights and interests of their members, for the protection of labour and improve its conditions on the basis of common professional interests.
 
Article 2. Legal basis for the activities of the Union 1. The legal basis for the activity of a trade union shall be the Constitution of Turkmenistan, this law and other normative legal acts of Turkmenistan. Trade Union activities are carried out in accordance with its Statute.
2. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
Article 3. The right of citizens to form the Union 1. Turkmen citizens on a voluntary basis have the right to form a Trade Union, in accordance with the established procedure to freely join or refrain from joining it, participate in the activities of trade unions and to freely withdraw from membership. The Union is created on the basis of the equality of its members. Not allowed quantitative restriction on Trade Union education professional.
2. membership of a Union or citizens lack membership in it did not lead to a restriction of their rights and freedoms guaranteed by the legislation of Turkmenistan. Prohibits the provision or denial of citizens privileges and benefits because they belong to a trade union or the lack thereof.
3. Obstructing education Trade Union, and opposition to his legitimate activities entail the responsibility established by the legislation of Turkmenistan.
 
Article 4. The symbols of the Union the Union can have flags, emblems, pennants and other symbols. Symbols of the Union is approved at its Congress (Conference) and its description is specified in the statutes.
 
Article 5. The basic terms used in this Act for the purposes of this Act, the following definitions are used: the primary trade-union organization is a voluntary association of members of the Trade Union of workers, usually in the same enterprise, organization, institution, regardless of the organizational-legal forms and forms of ownership and other subjects of labour relations, using hired labor, as well as studying in educational institutions, acting on the basis of the Charter of the Union or under the primary trade-union organization;
sectoral trade union organization-Union, educated and active in industries and other economic associations irrespective of their form of ownership;
territorial Trade Union Association-voluntary associations Union formed and existing in the territory of each of the velayat, city of velayat, etrap rights and rights etrap towns;
the Trade Union body is the body established in accordance with the Charter of the Union or the situation of primary trade-union organization;
the Trade Union representative is the head of the Trade Union or trade union body or another person authorized to represent the Trade Union Charter provisions on legal and technical inspection, as well as provision of primary trade-union organization or by a trade union body;
Union Member-a person (employee, unemployed, retired, and others), consisting of registered in the primary trade-union organization.
 
Article 6. The scope of this law 1. This law shall apply to the Trade Union Association, the primary and other organizations formed at the initiative of citizens in Turkmenistan.
2. Trade Union Rights and guarantees his work, fixed by this Act, shall apply to the Association, its primary Trade Union and other organizations, as well as the educated their trade union bodies, within their mandates.
 
Article 7. Organizational-legal form of the Union 1. Trade Union of its organizational-legal form is a public organization, not pursuing political goals. All trade unions have equal rights.
2. Union consists of primary trade union organizations, sectoral trade-union organizations and territorial associations.
 
Article 8. Main principles of activity of the Union 1. Trade Union activity is based on the principles of voluntariness, selectivity, equality, self-government, legality and accountability.
A Trade Union is free to define its structure, objectives, forms and methods of their activities.
2. the activities of the Trade Union must be characterized by transparency, its founding and programmatic documents available to the public.
 
Article 9. The independence of the Union the Union shall be independent in their activities from State Executive and administrative bodies, local self-government bodies, employers, associations, political parties and other public associations. The relationship of public bodies with the Union are regulated by this law and other normative legal acts of Turkmenistan.
 
Article 10. State and Union
 

1. The State shall guarantee respect for the rights and legitimate interests of the Trade Union and creates equal legal opportunities for its activities, supports statutory activities of the Union.
2. public authorities cannot be founders of a Trade Union.
3. There shall be no interference by State bodies and their officials in the activities of the Union, and the Union in the work of State bodies and their officials.
4. Matters affecting the interests of the Union are decided by the public authorities with the participation of the Trade Union or, in agreement with them.
 
Article 11. Association of the Union, a Trade Union can be combined in national centres, unions, and other associations, councils have governing bodies in Turkmenistan.
 
Article 12. State registration of the Union 1. State registration of the Trade Union carries out Ministry of Turkmenistan's Adalat, what a certificate is issued.
A Trade Union acquires legal personality after the State registration in the Ministry of Adalat Turkmenistan and making an authorized State body in the unified State Register of legal persons, in the manner determined by the normative legal acts of Turkmenistan.
2. Ministry of Adalat Turkmenistan within one month from the date of filing the documents for State registration in accordance with part fourth of this article takes a decision on the State registration of Trade Union or refusal in State registration and informs him about this in writing within three working days.
3. the associations, organizations and subdivisions are created in accordance with the Charter and made by the authorized State body in the unified State Register of legal persons acquire the rights of legal persons in the manner prescribed by normative legal acts of Turkmenistan.
4. For State registration of the Trade Union not later than one month from the date of holding of the constituent Assembly (Conference) in the Ministry of Adalat Turkmenistan served the following documents: 1) a statement, signed by all members of the governing body of the Union, with an indication of the last name, first name, patronymic;
2) approved statutes (two copies);
3) Protocol of the constituent Assembly (Conference) of the Union, containing information about the formation of the Union, on the approval of its Charter and forming governing and control and audit bodies;
4) members of the governing body of the Trade Union;
5) document about payment of fee for State registration;
6) document about the location of the permanent governing body of the Union.
5. The State registration of a trade union may be refused on the following grounds: 1) inconsistency the provisions of the Charter of the Constitution of Turkmenistan, this Act and other legal acts of Turkmenistan;
2) names or symbols mismatch the requirements of this Act;
3) failure to submit a complete list of the documents referred to in the fourth part of the present article, or violation of the procedure for their registration;
4) making knowingly false information in documents submitted for State registration;
5) presentation of the documents needed for the State registration with violation of the term provided by this law.
A refusal of State registration of a trade union may be appealed to the Court in the manner prescribed by the legislation of Turkmenistan.
 
Article 13. Union membership 1. Union membership is voluntary and is based on independent expression of will of every citizen and is carried out in accordance with the fixed membership.
2. Claims for the indication in the official documents, as well as the personal information of the citizens on the Union membership is not allowed.
Turkmen citizens living outside the territory of Turkmenistan may be members of a Trade Union.
3. the procedure for entry into the Union soldiers and employees of military and law enforcement is defined by the legislation of Turkmenistan.
 
Article 14. Statutes, the primary trade-union organization 1. Union independently develops and approves its statutes, regulations of primary trade-union organization and structure, as well as determines the directions of its activities, organizes congresses, conferences, meetings, forms the bodies of the Union.
2. the statutes must contain: 1) the name, aims and objectives;
2) occupational groups and categories merged citizens;
3) the conditions and procedure for the formation of a Trade Union, trade union membership and withdrawal, the rights and duties of members;
4) the organizational structure of the Union, its governing and control and audit bodies;
5) the procedure for the formation and powers of the Governing Union bodies, their terms of Office;
6) location of a permanent governing trade union body;
7) description of symbols;
8) procedure for meetings of the governing body and decision-making;
9) sources of money and other property of the Trade Union, trade union rights and its structural subdivisions of asset management;
10) approval of the Charter of the Union, making additions and amendments to it;
11) order payment of entrance and membership fees;
12) order of liquidation, reorganization, or cessation of activity of the Union, as well as the distribution of property remaining after the liquidation of the Trade Union.

3. the statutes may be amended and other provisions related to its activities and does not contradict the legislation of Turkmenistan.
4. the statutes of the Trade Union is the basis for the State registration of the Trade Union.
5. the Charter of the Union, as well as changes and additions to it are recorded in the same order and at the same time, as a Union, and shall be effective from the moment of State registration.
 
CHAPTER II. TRADE UNION rights and responsibilities Article 15. Trade union rights 1. The Trade Union has the right to: 1) to represent and protect the rights and legitimate interests of their members in their dealings with enterprises, institutions and organizations irrespective of their form of ownership, and other subjects of labour relations that use hired labor, as well as educational institutions;
2) go to court to protect the rights and legal interests of its members, in the courts and other State bodies assist in providing them with the necessary legal assistance;
3) create technical and legal inspection and other services;
4) participate in monitoring compliance with labour legislation of Turkmenistan, employers and their representatives;
5) to examine individual labour disputes and to participate in the settlement of collective labour disputes, conclude agreements, collective agreements and contracts;
6) apply to the organs of State power and administration, adopting normative legal acts, which violate the rights and lawful interests of trade union members and their cancellation;
7) exercise public supervision in the manner prescribed by the legislation of Turkmenistan, housing legislation, legislation on the State Pension Insurance Act, the social protection and employment and present law and require removal of the detected offences;
8) to participate in the development of public employment programs, to offer social protection measures for trade unionists, released as a result of the reorganization or liquidation of enterprises;
9) collective bargaining;
10) create educational and research institutions, to carry out the training, retraining and qualification improvement of Trade Union cadres and activists teaching Union workers and Union members;
11) perform production and economic activity in the manner prescribed by the legislation of Turkmenistan;
12) receive from the employers, their associations, government bodies, local self-government bodies information on social and labour issues;
13) through their authorized representatives access to enterprises, organizations and institutions and inspect workplaces;
14) to organize and conduct in accordance with the procedure established by law meetings, rallies, demonstrations and other events in the manner prescribed by the legislation of Turkmenistan;
15) to establish mass media and perform publishing activities, in accordance with the legislation of Turkmenistan, to cover their activities in the press and other mass media;
16) to participate in the decision-making of public authorities in the manner and within the limits provided for by this law and other normative legal acts of Turkmenistan;
17) form the guiding and other trade union bodies, as well as the territorial Trade Union Association, the primary and other trade union organizations;
18) represent and defend their rights, socio-economic rights and legitimate interests of their members, the rights of labor collectives in accordance with their request in court and other State bodies, local self-government bodies and public associations;
19) to investigate and to take part in the investigation of accidents in the workplace (work);
20) participate in the formulation of national social programmes aimed at creating conditions for a dignified life, free and harmonious human development;
21) to participate in the drafting of State programmes on labour protection, development of normative legal acts governing occupational diseases, occupational safety and health;
22) take initiatives on social and public life, to make appropriate proposals to State bodies and local self-government bodies within its competence;
23) Trade Union is entitled to in accordance with the legislation of Turkmenistan, open settlement and other accounts in banks of Turkmenistan in national and foreign currency transactions on those accounts to use in their activities, stamp, stamp with its name and other details;
24) cooperate with international trade unions and other public associations, maintain international relations and to conclude international agreements in accordance with the legislation of Turkmenistan;
25) to carry out other rights contained in the Charter.
2. the laws of Turkmenistan may be provided and other rights of the Union.
3. the procedure for the exercise of authority of the Trade Union is determined by this law and the Statute of the Trade Union.
 
Article 16. The responsibilities of the Union 1. The Trade Union is obliged to observe the legislation of Turkmenistan, the universally recognized principles and norms of international law relating to the sphere of activity of the Union, as well as the provisions of the statutes and other documents defining the major directions of their activity.

2. The Trade Union in the manner prescribed by normative legal acts of Turkmenistan informs the public about their activities, registration is, at their request, with decisions of the governing bodies and trade union officials, information on its activities.
3. Union leads accounting, statistical reports in accordance with the legislation of Turkmenistan.
4. the Trade Union of the complied with tax laws of Turkmenistan.
5. Union bear responsibility stipulated by the legislation of Turkmenistan, for failure to comply with its obligations under the collective agreement and the Treaty, as well as the provisions of the Charter.
 
Article 17. The Union's relations with employers and their associations Union Relationships with employers and their associations are based on the requirements of the labour relations, social partnership and interaction of their representatives, as well as on the basis of the Turkmenistan legislation and collective agreements and treaties.
 
Article 18. Powers of the primary trade union organizations 1. Powers of the primary trade union organizations shall be determined by the present Law, the Charter of the Union, the situation of primary trade-union organization, the decisions of the working collectives, collective agreements and Union contracts, agreements concluded with employers or owners of enterprises, organizations and institutions.
2. Primary trade union organizations: 1) participate in the implementation of various programmes and projects to improve productivity, efficiency and quality of work, providing jobs, improving the Organization of labour, labour protection, creating for workers safe and healthy working conditions;
2) participate in the formulation and conclusion on behalf of the workers of the annual collective agreements and contracts with employers, as well as industry (cross-sectoral) collective agreements on social partnership in the field of work with local executive authorities and bodies of local self-government;
3) exercise other powers in accordance with the legislation of Turkmenistan, Union Charter and the Statute of the primary trade-union organization.
 
CHAPTER III. STATE SUPPORT and guarantees of TRADE UNION ACTIVITIES Article 19. Public support for Union activities 1. Trade Union activities in accordance with the Charter, has enjoyed State support in the following: 1) guaranteeing equal conditions of accessibility in public media;
2) provision in the prescribed manner of the premises and providing a means of communication that are in State property;
3) ensuring equal conditions for participation in public and other events;
4) provision of targeted financing of some socially useful programs.
 
Article 20. Guarantees of trade union activities 1. The State guarantees granted to trade union rights and conditions for the performance of authorized tasks.
2. Prohibits any action that directly or indirectly restrict the right of a Trade Union, as well as hindering its activities under the law and under the Charter.
3. the Union shall be notified in a timely manner about the liquidation of the enterprise or its units, changing their organizational-legal form or ownership, on full or partial suspension of production (works).
4. it is not allowed to release from work on the initiative of the employer, employees elected to the electoral body of the Union, except for cases related to the total elimination of the enterprise and the employee criminal acts.
Primary organizations of the Union leaders who have expired term of elective office, guaranteed by the posts they occupied before electing, and failing that-with their consent equivalent posts in the same enterprise or, in another of his unit.
5. the members of the elected trade union bodies to participate as delegates to the congresses, conferences, convened a Trade Union, Trade Union courses, as well as at the time of participation in the work of elected bodies of the Union to perform public duties shall be exempt from production activities. The terms of their release from the production activity and method of payment provides for collective agreements and treaties.
 
CHAPTER IV. PROPERTY and management of the TRADE UNION, Article 21. The property of the Union 1. The property of the Union can be buildings, structures, facilities, housing, transportation, equipment, inventory, property for cultural, educational and sanative purposes, money, securities and other property necessary for the material to ensure its statutory activities, and the results of intellectual activity.
2. The Union possesses, uses and disposes of its ownership of assets and cash.
3. The Union shall not be liable on the obligations of State authorities and administration, local government and other bodies, which are also not liable for the obligations of the Union.
4. the Union may only be used for the implementation of the goals and objectives stipulated in this law and the Statute.
Union members have no ownership stake of property belonging to the Trade Union.
5. Sources of formation of funds and other assets of the Union are: 1) entrance and membership fees;
2) voluntary contributions, donations;

3) enumeration, received by the civil-legal transactions;
4) gains from the implementation of programmes and projects;
5) income from business activities of the Trade Union of a subsidiary nature without profit, publishing and educational activities;
6) income from other sources not prohibited by Turkmen law.
6. Trade Union in accordance with the legislation of Turkmenistan and its Charter can create businesses, as well as acquire property, designed for business.
7. The Union can use its funds to charity.
 
Chapter V final provisions Article 22. Monitoring of the activities of the Trade Union of monitoring the activities of a Trade Union, its associations, organizations and divisions of the legislation of Turkmenistan, the goals and objectives of the Union, as provided in the Charter, carries out Ministry of Adalat.
 
Article 23. Elimination and cessation of activity of the Union liquidation, reorganization and termination of activity of the Union in accordance with the legislation of Turkmenistan.
 
Article 24. International cooperation 1. In its activities, the Union has the right to engage in international cooperation and the conclusion of the respective contracts.
2. Trade Union in international relations associated with its activities, represents the interests of Turkmenistan.
 
Article 25. Responsibility for the violation of trade union rights 1. For violation of this law officials, employers bear responsibility in accordance with the legislation of Turkmenistan.
2. Trade Union organizations may require disciplining officials who violate this law, does not perform the obligations provided for by collective agreements and treaties.
 
Article 26. The entry into force of this Act, this Act shall enter into force on the day of its official publication.
 
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat November 9, 2013, no. 443-IV.