On 27th of June, 2014, President of the Republic f Kazakhstan signed the Law of the Republic of Kazakhstan On amendments and additions to some regulatory acts of the Republic of Kazakhstan concerning the issues of trade union activities and regulation of labor relations (hereinafter - Law).
The Law is developed in fulfillment of the instructions of Head of the State he gave in the program article dated July 10, 2012, "Social modernization of Kazakhstan: twenty steps to the society of universal labor" and paragraph 40 of Nation-wide plan of measures aimed at implementation of State-of-the-Nation Address of the Head of State to the People of Kazakhstan, Strategy Kazakhstan - 2050: new political course of the established state dated December 14, 2012 and approved by Decree of President of the Republic of Kazakhstan dated December 18, 2012, # 449.
The Law adoption is targeted to improve the effectiveness of trilateral commissions for social partnership, prevent of social and labor conflicts, enhance efficiency and effectiveness of the state labor inspectors' activities in undertaking measures on prevention and restraint of the employees' labor right violations, as well as legal proceedings on recognizing any strikes as illegal action in shortened timelines.
In particular, it is stipulated to make changes and additions:
- by amendments to the Labor Code of the Republic of Kazakhstan:
powers of trade unions and their amalgamations to represent interests of the employees and member organizations on the republican, departmental and regional levels are specified;
guarantees on the position retention by an employee called up for active military service are provided; mechanism for indexation of the employees' wage is specified; competencies of the Government of the Republic of Kazakhstan, authorized state bodies of relevant activity spheres and authorized labor body are specified in relation to the list (register) of civil servants' posts;
Обновленный – to Civil Procedure Code of the Republic of Kazakhstan, with the purposes of improving the regulation of social and labor conflicts, minimization of the socially dangerous consequences of the law violation the provision is made for legal proceedings on recognizing any strikes as illegal action in shortened timelines (10 days).
- to Law of the Republic of Kazakhstan On local public administration and self-administration in the Republic of Kazakhstan, with the purpose of preventing the social strain and labor conflicts the law stipulates provisions conferring to local executive bodies the functions of the social strain monitoring and forecasting the risk of labor conflict occurrence.
- with the purpose of strengthening the prevention of risks related to violation of the employees' labor rights and specifying the competencies of the state labor inspectors amendments are made to the Labor Code and Law On state control and supervision in the Republic of Kazakhstan.
- to Law of the Republic of Kazakhstan On national awards of the Republic of Kazakhstan which provides for new "Enbek" (Labor) order instituting.
The passed Law of the Republic of Kazakhstan does not conflict with the provisions of Constitution of the Republic of Kazakhstan and applicable legislative acts.
Negative legal and social-economic consequences caused by the Law adoption are not expected.