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Labor and social partnership

Analysis of international experienceof labor safety system; current state ofLSS (labor safety and security)in Kazakhstan andjustification of system modernization. In modern conditions,large importance isa collective experience ofcountries in international cooperation,on creating safe and harmless labor conditionsin the production activity. Modern strategic approach to theInternational Labor Organization (ILO) to solving the problem oflabor safety provision andhealth maintenance at the working placeis based on fundamental principles ofpreventive measures and system approach,i.e.system approach to the labor safetyshould cover all areas of activityand efficiently manageprofessional risksof industrial activity,to prevent their possible consequences. To efficiently solve these problems in practice,ILOadopted in 2001 the Guidelines onLabor Management SystemsILO-OSH 2001. Basic principlethat the labor safety management system should be based on, according to ILO, isa priority of life and health of workers, compared to the output of their production activity at the enterprise. International Labor Organizationviews the labor safety management systemas a way to continuous improvement. Set of technical standards and rules of the labor safety management systemfor enterpriseswere developed by the private companies, such as American National Standards Institute, British Standards Institute. Most countries accepted the requirementsto implement the systems at the enterprises, based on therange of voluntary orregulation mechanisms, that may: - be obligatory andpropose regulation measures, as minimum, for certain enterprises (Indonesia, Norway, Singapore); be voluntary state standardsacting on certification mechanisms (Australia and New Zealand, China, Taiwan, Thailand); be voluntary and based on national rules onlabor safety management system, published by national authorities (Hong Kong, Japan, Korea); be voluntary based on international rules of labor safety management systems, such as GuidelinesILO-OSH 2001 (India, Malaysia).According to the practice of leading foreign companies, most efficient way to observe the labor safety requirementsiscreating the labor safety management systemthat is a subsystem of general management system. This system covers all sides of production and economic activity, groups of structural subdivisions, technical tools, material and financial resources, corresponding information flows. Basic tasks of labor safety management system isorganization and technical provision ofproduction processes,creating safe and health labor conditionsat the enterprise, increasing the efficiency oflabor safety preventive measures, throughreasonable andsystematic usage ofall organizational, technical and economic resources, creating labor conditions in each structural subdivisionand each working place, corresponding to the requirements of regulatory acts. Economically developed countries have thedeveloped legislationproviding the large number of rules, technical and legal standards, referring to the labor safety and security,created the special state authoritiesproviding the realization oflaw onlabor safety, safety procedure, to establish corresponding rules and standards, to coordinate work of that areaof all state authorities andnon-government organizations (for example, Federal administration on safety procedure andoccupational sanitaryin the USA, Department on safety procedure andlabor hygiene in Swiss and etc.). 

Preparation of thedraft Conceptof LSS and developing the draft Concept;

In the Republic of Kazakhstan, there is the need todevelop the new ideologyin labor safety and security, based onlabor safety conditions,to determine the single state policy, priority directionsandcurrent tasksin the labor safety management system.Development of labor safety and security Concept in the Republic of Kazakhstan for 2014-2020 (hereinafter, the Concept)is implemented according to the Constitution, Labor code of the Republic of Kazakhstan, conventions of the International Labor Organization (hereinafter,ILO): On safety and labor hygiene (No. 155), On basic rules on safety and labor hygiene (No. 187) and other regulatory actsof the Republic of Kazakhstan.The Concept is focused onrealizing the prioritiesplaced by the Presidentof the Republic of Kazakhstanin the Strategy Kazakhstan-2050– the new politicalcourse of the established country, and program article “Social modernization of Kazakhstan: 20 steps to the General Labor Society”, providing development and introduction ofthe qualitative social standards system, and the new motivationto labor activityandprosperity, based on high responsibility of a state, business and citizens, partner interaction,all objects of labor relations. Concept ismeant fordecreasing the occupational accidents risks, professional diseases, deaths resulted fromavertable reasons, and improving thelabor safety rules, duration of lifeandhealth of working-age population. Concept is the basis forconstruction interaction ofstate authorities, employers, labor unions, public associations andemployees for creating thenational systemof safety and labor management, based on managing the professional risks, and focused onprotectingprofessional health ofworkers, meant to provide themethodological basis, based onimproving the regulatory acts, regulating the area of safety and labor protection.Concept provides basic ideas and tasksfor further development of activity onproviding professional safetyand healthprotection of workers, the set of regulatory, organizational, scientific andmethodological measures, meant to provide thetimely and qualifiedproblems solutionin this area,considering the domesticforeign experience.

Ratification ofILO (International Labor Organization) Convention Onbasic Safety and Labor Hygiene Rules (Convention 187).

Republic of Kazakhstan, being included in theInternational Labor Organization (hereinafter, ILO), has accepted rights and principles, provided by the ILO Charter, and shall achieveall objects of this organization. These principles and rightsare reflected and developed of correspondingILO conventions. Subject to the ILO Declarationonguiding labor rights and principles, adopted in June 18, 1998 inGenevaat 86 session of InternationalLabor Conference, it was stated thatall participating states have obligationsresulting from their participation in ILO, relating to theirobservance and assistancein applying the principlesonbasic humor rights. Convention on basic safety and hygiene rules (Convention 187) was adopted in Geneva at 95thsession ofGeneral ILO Convention, dated June 15, 2006. At present, Conventionwas ratified by 25 ILO states. CIS countries includethe Russian Federation, Moldova. Purpose of this Convention is toprevent the industrial injuries, professional diseasesandoccupational deaththrough development, based on consultations withmost representativeemployers and employees, national policy, national system andnational program. This Convention covers alleconomic sectors and all categories of employees. Law of the Republic of Kazakhstancorresponds to provisions of the Convention.Thus,Labor code of the Republic of Kazakhstan, enacted fromJune 1, 2007,provides the Chapteron state managementin the area ofsafety and labor security, and rules and obligations of theemployers and employeesin the area of safety and labor security. Moreover, in the codeof the Republic of Kazakhstan, dated September 18, 2009 On health of people and health care system,Chapter 2. State management and regulation in the health care,regulateslabor hygiene issues. Our participation in this Convention willbring the importance of international cooperation insafety and labor hygieneandconfirm the intention ofKazakhstan to observeand perform the international regulationsin that area. Inclusion of the Republic of Kazakhstanto the Convention on basic safety and hygiene rules (Convention 187)was supported by the Ministry of Foreign Affairsof the Republic of Kazakhstan (Ref.No. 08-2/1528 dated 11.04. 2013). Ratification of the Convention will result innegative social and economic consequences andfinancial costsfrom state budget.

Acts of the employer are the orders, tasks, instructions, provisions, labor rules, published by the employer;

Rest time is time period, when the employee is free from his labor duties,and that he/she can use at his/her discretion;

Civil worker is a person taking the permanent appointment in state enterprises, state institutions, subject to the Law of the Republic of Kazakhstan,and performing the official dutiesin implementation of tasks and obligations,and providing technical maintenance andsupporting the operation of state bodies;

Disciplinary offense isa violation of labor discipline by the employee, andillegal guilty failure to performorimproper performance of labor duties;

Compensatory payments are the payments related to special operating conditionand labor conditions, loss of jobs, compensation of coststo the employee associated with his/herperformance of labor or other dutiesprovided by the Law of the Republic of Kazakhstan;

Local labor inspection authority isa structural subdivision oflocal executive authoritiesof the region, cities of republican status, the capital, performing the duties of labor relations within the correspondingadministrative territorial unit, under the Law of the Republic of Kazakhstan;

Industrial accident isthe influence of harmful and (or) dangerous industrial factor on the employees,while executinglabor (official) duties ortasks of the employer, that resulted inindustrial injury;

National qualification system is an assembly of legal and institutional regulation of demand and offers for expert qualification from labor market;

National qualification system andprofessional standards.

National qualification systemis an assembly oflegal and institutionalregulation ofdemand and offersfor expert qualificationfrom labor market.

International experience shows thatone of the key tools of the balancedlabor market developmentis the professional standard. It reflects requirements of the employers, and sets the levelof expert training. Professional training is a kind oftechnical business specification fortraining of the professionals.That is, basic purpose of the professional standard is regulatinginteractionof labor area andprofessional education, regulation of requirements fordeveloping the training program, improving qualification andprofessional retrainingandregulation of the requirements forestimation of competenceof workers bystaff attestation and certification. Certification and knowledge assessmentby the direct participation of the employers,would allow considerably improvingemployment chances for experts.In this direction, the Ministry intents to build relations with wide range of employers, labor unions and large companiesto provide acceptable conditions for joint work.

By all these directions, the Ministry worksinvolving international expertsexperienced in developing and introducing the complete qualification system.

Moreover, Ministry performs work onimproving the classifier ofactivities, arranged by sectorsthat can determine the need in staff, simplify allocation of jobsby qualification levels, andprovide understanding oflabor market structure by sectors.

About labor unions.

While executing the tasks of the Head of State, given in the program article “Social modernization of Kazakhstan: ten steps to the general labor society” and Message of the Presidentof the Republic of Kazakhstanto people of Kazakhstan “Strategy Kazakhstan-2050–the newpolitical course of the established state,Ministry of Labor and Social Protection of RKtogether with republican associations of employers and employees (interdepartmentalworking group was madeby the Order ofMLSPRKdated 25.07.2012No. 300-ө-м) worked out the draft lawOn labor unions (new edition) and its concurrent draft lawOn changes and additions to some regulatory acts of the Republic of Kazakhstanon issues of labor unions activityandregulation of labor relations.

Labor unions analysisshowed existing problems in their activity.In particular, there is no single policyin activity of labor unions, no system work of republican associations withindustrial, regional and local labor unions, no responsibility of labor unionsand their members fordecisions made, no single requirements to the charterand accurate legally based rights and obligationsof labor unions.

Existence of problems specifiedfacilitates to weak development of social dialogue betweenemployers and employees at certain levels. Meanwhile, efficient social dialogue significantly influences thesocial climate and stability, established at the enterpriseand in the society, as a whole.

Therefore, social and economic state of the Kazakh society, legal realias ofcontemporary stagedetermine the need in furtherimprovement of the law on labor unions.

Main task of the draft law isto determine theorganizational basis for labor movementto protect labor, social and economic rights and interest ofemployees, to increase the role of labor unions in social partnership, to prevent social labor conflicts.

Draft law makes the legal basis forvertical model oflabor union movementandstrengthening motivation of labor union membershipat all levels of social partnership, as follows:

•        obligatoryassociation of (membership) labor unions bysocial partnership levels

•        dividing and broadeningauthority of commissions on social partnershipby labor relations levels

•        obligatory execution ofthe General, industrial and regional agreementsandspecification of content of agreementsconsidering the labor relations level

•        determining the labor union priorityto presenting interests of employeesand holding negotiations

•        consolidating requirements to the charter of labor unions, specification of rights, determining an obligation.

This measure will allow to efficientlyimplement the single policyof labor unions activity, based on principles ofefficient social dialogue and partnershipwith state authorities and employers. Vertical communication in the labor union movementprovidesbringing to the bottom levelandfulfilling the decisions,made at the national, industrial and regionallevels, and feedback of employees with the managingauthorities of labor unionsand their associations.

In general, strengthening the role of labor unions, increasing efficiency of their activitywill affect significantlydevelopment of social partnership in the Republic of Kazakhstan.

Draft law adoption will not result inadditional expanses from the republican and local budgets.

Draft laws received the positiveconclusions oflegal and scientificanti-corruptionand linguistic expertise.

Draft law is agreed with centralstate authorities concerned, and with all regional Akms, of the cities of Astana and Almaty,without any comments, and with Presidential Administrationof the Republic of Kazakhstan.

September 12, 2013,draft law was considered at the RepublicanTrilateral Commissionunder the chairmanship of the First Deputy Prime Ministerof RK, Sagintayev B..А.

Resolution ofRK Government, dated September 30, 2013No. 1019 and 1020 brought the draft law to the Mazhilis of RK Parliament.

Resolution ofSocial and cultural Development Committee of the Mazhilis of the Parliamentof the Republic of Kazakhstancreated the working group on considering the draft law, comprising the deputies, representatives ofstate central authorities, republican unions of workersand employers, 39 people in total.

The deputy, member of Social and Cultural Development Committee, manages the working group–Aronova Irina Petrovna.

September 18, 2013the draft law was presented in the Mazhilis of the Parliament of the Republic of Kazakhstan.

December 19, 2013the draft law was consideredat the meeting of National Coalitionof Democratic Forces Kazakhstan - 2050. First Deputy Chairman ofNur Otan partyBaibekB.K., First Deputy Prime Ministerof the Republic of KazakhstanSagintayevB.А., Minister of Laor and Social ProtectionDuisenovaТ.К., deputies of the Parliamentof the Republic of Kazakhstan, public figures, heads of political parties, republican associations ofemployers and employees, NGOs, and independent experts of Kazakhstan took part in the meeting.

21 meetings of the working group took place within the draft law consideration.

Draft law arouse much interest of deputies. Working group considered more than 200 proposals:

52 were adopted related to the main draft law; 2 were not adopted; 4 – reported out; 86 - ceased; 

relating to the concurrent draft law: 37 – adopted; 4 – reported out; 22 - ceased.

Deputies proposed many amendmentsthat improve significantly draft law provisions, including such key notions, as theoriginal labor union organization, local labor union, territorial association of labor unions, principles of labor unions foundation and activity, clarification of the requirements to the charter, status of labor unions,specification of their rights and obligations.

In particular, deputies (FerkhoS.I. BaimakhanovaG.А., AronovaI.P.) proposed to replace the notion“elementary cell of labor unions”to“original arrangement of labor unions”, that more accurately reflects thelabor union structural subdivision.

They (Ferkho S.I. Baimakhanova G.А., Aronova I.P.) proposed to emphasize,that workers of one or several companies, united with general production and professional interests, create local labor union.

Deputies (Aronova I.P., Baimakhanova G.А., KozhakhmetovА.Т.) proposed to present the phrase“member organization” in a concise way, i.e. that these are the labor unions, their associations, included In labor unions as participants, their associations at the corresponding level of social partnership,subject to the procedure, determined by this Law, accepting and observing their charters.

They proposed the criteria (Ferkho S.I. Baimakhanova G.А., Aronova I.P.)to determine the status of labor unions, combing the employees ofsmall entrepreneurship and etc.

Deputy (BishimbayevV.К.) proposed the regulationensuring retention of jobfor those, called to army.

At present, working group of Mazhilis of the Parliamentof the Republic of Kazakhstan,engaged in consideration of the draft law, comprising representatives of theFederation of labor unionsof the Republic of Kazakhstan, Labor Confederation of Kazakhstan, Confederation of Free Labor unions of Kazakhstan,continues working at the draft law.

Professional standard is a standard that determines in the precise professional activityrequirements tothe level of qualification, competence, content, quality and labor conditions.

Special clothes includeclothes, shoes, head-dress, gloves, other objects, meant to protect workersfromharmful and (or) harmful industrial factors;

Labor disputes arethe disagreement betweenworker(s)and employer(s)onapplication of Labor Lawof the Republic of Kazakhstan, execution or changes of agreements, labor and (or)collective labor agreements, employers; acts;

Labor experience is calendar timespent by the worker forlabor duties, and other time periods, included in labor experience, subject to this Code;

Labor Contract isa written agreementbetween the worker and employer, under whichthe employeeshall perform specific work (labor function), observe labor rules, and the employer shall provide work to the employeeby thedetermined labor functionandprovide labor conditionsprovided by this Code;

General, industrial (tariff), regional agreement isa legal actconcluded between the parties of social partnership, determining content and obligationsof the partieson establishing labor conditions, employment andsocial guarantees forworkers atrepublic and industrial and regional levels;

Notice is a written application of a worker or employeror statement, submitted by any other means (by courier, post, fax or e-mail);

Social partnership is a system of relations betweenthe workers (representatives of workers), employers (representatives of employers), state authorities, focused on agreeing theirinterest onregulating labor relationsand other relations,directly connected with them.

Categories:
Changed on 30 May, 2014 - 18:39
Achievements over the years of independence of RK
Targeted social assistance
Combating the worst forms of child labor
Information campaign «Safe work»
The Republican contest «Enbekzholy»
Best social projects implemented in Kazakhstan
Skills and jobs
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