1Objective, tasks and Principles of the labor legislation of the Republic of Kazakhstan

Objective and tasks of the labor legislation of the

Republic of Kazakhstan

The objective of the labour legislation of the Republic of Kazakhstan consists in legal regulation of labour relations and other relations directly connected with labour and geared to protecting the rights and interests of the parties to the labour relations and establishing minimal guarantees of the rights and freedoms in the sphere of labour.

The tasks of the labour legislation of the Republic of Kazakhstan consist in creating the requisite legal conditions for achieving a balance of the interests of the parties to the labour relations, economic growth, higher production efficiency and human welfare.

Principles of the labour legislation of the

Republic of Kazakhstan

1) inadmissibility of restrictions on human and civil rights in the sphere of labour;

2) freedom of labour;

3) prohibition of discrimination, forced labour and the worst forms of child labour;

4) guaranteed right to working conditions meeting the safety and hygiene requirements;

5) priority of the life and health of the employee over the results of production activities;

6) guaranteed right to a fair remuneration for labour not below the minimum wage;

7) guaranteed right to rest;

8) equality of the rights and opportunities of employees;

9) guaranteed right of association of employees and of employers for the purpose of protecting their rights and interests;

10) social partnership;

11) state regulation of labour protection and labour safety;

12) guaranteed right of employees’ representatives to exercise public control over observance of the labour legislation of the Republic of Kazakhstan.

Effectiveness of Labor Code

Labor Code regulates the following relations:

1) labour;

2) directly connected with labour;

3) social partnership;

4) labour protection and labour safety.

2 Participants in labour relations. Grounds for emergence of labour relations

The participants in labour relations are the employee and the employer.

Labour relations arise between the employee and the employer on the basis of the employment contract concluded in accordance with this Code, with the exception of cases established by the laws of the Republic of Kazakhstan.

In cases and the manner established by the laws of the Republic of Kazakhstan, constituent documents and acts of the employer, conclusion of the employment contract may be preceded by the following procedures:

1) election to (selection for) the position;

2) election by competition to replace the corresponding position;

3) appointment to the position or affirmation in the position;

4) referral to work by legally authorised bodies as part of a set quota;

5) issue of a court ruling on conclusion of the employment contract.

Basic rights and obligations of the employee

1. The employee shall have the right to:

1) conclude, amend, supplement and cancel an employment contract in the manner and on the

conditions envisaged by this Code;

2) demand that the employer fulfil the conditions of the employment contract and the collective

bargaining agreement;

3) labour protection and labour safety;

4) receive full and true information about the working conditions and labour safety;

5) timely and full payment of wages in accordance with the conditions of the employment contract and

the collective bargaining agreement;

6) payment for idle time in accordance with this Code;

7) rest, including annual paid vacation;

8) association, including the right to create a trades union or other association, and be a member thereof for the purpose of representation and protection of his labour rights, unless otherwise envisaged by the laws of the Republic of Kazakhstan;

9) etc.

The employee shall:

1) perform his job duties in accordance with the employment contract, collective bargaining agreement, and acts of the employer;

2) observe labour discipline;

3) observe the requirements of labour protection and labour safety, fire safety and production hygiene at the work place;

4) take care of the property of the employer and of employees;

5) inform the employer of any situation jeopardising human life and health, safekeeping of property of the employer and of employees, as well as threatening occurrence of idle time;

6) etc.

Basic rights and obligations of the employer

1. The employer shall have the right to:

1) free choice of hiring;

2) amend, supplement or cancel employment contracts with employees in the manner and on the

grounds established by this Code;

3) issue acts of the employer within the bounds of its authority.

4) create and join associations for the purpose of representation and protection of its rights and

interests;

5) require employees to fulfil the conditions of employment contracts, collective bargaining

agreements, internal labour rules and other acts of the employer;

6) etc.;

2. The employer shall:

1) observe the requirements of the labour legislation of the Republic of Kazakhstan, agreements,

collective bargaining agreements, employment contracts, and acts issued thereby;

2) when hiring, conclude employment contracts with employees in the manner and on the conditions established by Labor Code;

3) exercise internal control over labour protection and labour safety;

4) provide the employee with the work prescribed by the employment contract;

5) pay the employee wages and other payments envisaged by the regulatory and legal acts of the

Republic of Kazakhstan, the employment contract, collective bargaining agreement, and acts of the employer in a timely manner and in full;

6) etc.