Право вступать в профсоюзы и создавать их
Freedom to join and form unions is established by the Constitution. Nevertheless, military, national security, law-enforcement and judges must abstain from trade unions.
Kazakh citizens living outside its territory may be members of Kazakh trade unions. Foreign citizens and stateless persons residing in the territory of the Republic of Kazakhstan may become members of Kazakh trade unions.
Trade unions in Kazakhstan have many rights, which include, among others, the following:
1) to represent and protect the rights and interests of its members;
2) to act as representatives of employees in relationships with state authorities, employers, associations of private businesses;
3) to bring an action in court to protect the rights and interests of its members;
4) to apply to the state authorities on the reform of legislation that infringes the rights and interests of trade union members;
5) to participate in pre-trial settlement of labour disputes;
6) to participate in resolution of individual and collective labour disputes;
7) to organise and carry out strikes, peaceful meetings, marches, pickets and demonstrations.
Sources: §23 of the Constitution; §3 and 16 of the Law of the Republic of Kazakhstan ‘About trade unions’ 27.06.2014 № 211-V
Свобода коллективных переговоров
Representatives of workers and employers have rights to involve in collective bargaining in preparation, conclusion or modification of collective bargaining agreements and take the initiative for such negotiations. Representatives of parties, who have received an offer of the beginning of collective bargaining, are obliged to enter into negotiations within 10 calendar days of receipt of the proposal. Commission on collective bargaining is formed on parity basis.
The content and structure of the collective agreement are decided by parties, in accordance with the concluded general, sectoral and regional agreements. Collective agreements are concluded for a term agreed between the parties.
The Labour Code suggests the approximate list of questions for collective bargaining, for example:
- allowances and compensations;
- rehabilitation and recreation of employees;
- working time and rest time.
Sources: §156-158 of the Labour Code
Право на забастовку
Constitution recognizes the right of workers to strike as a means of resolving a collective labor dispute. If conciliation does not lead to the resolution of a collective labor dispute, the workers (representatives) will have the right to start a strike. Decision about strike is adopted by the meeting (conference) of employees. Meeting of workers has a quorum if it is attended by more than half of the total number of employees (for conference - at least two thirds of the delegates). Decision to go on strike is made by a majority of the votes. The employer shall be warned in writing not later than five working days about the beginning of the upcoming strike. The minimum necessary work (services) must be performed during the strike.
Strikes are forbidden in following cases:
- state of emergency, military situation, force majeure;
- army, internal affairs, fire department, emergency rescue service, organizations directly serving particularly dangerous types of production and equipment, ambulance;
- organizations directly connected with the provision of vital functions (power supply, heating, water, gas, air, rail and water transport, communications, hospitals) or continuous production;
- other cases by legislation.
Employment of a worker is secure during strike and employer cannot regard participation in a strike a violation of labour discipline. Workers are not paid wages for the duration of strike unless the strike is associated with non-payment or late payment of wages. Legislation does not set the order of replacement of workers taking part in strike. Lockout is forbidden.
Sources: §24 of the Constitution; §171-178 of the Labour Code; §16, 17 and 21 of the Law of the Republic of Kazakhstan ‘About trade unions’ 27.06.2014 № 211-V