Due to the requirements of Article 171 of the Labor Code, employees may decide to hold a strike if a collective labor dispute could not be resolved through conciliation procedures, as well as in cases of the employer's evasion from conciliation procedures or non-fulfillment of an agreement reached during the resolution of a collective labor dispute.
The decision to hold a strike is made at a meeting (conference) of employees (their representatives). A meeting of employees is considered competent if it is attended by more than half of the total number of employees of the organization.
A strike may be declared illegal by a court decision in the event of an announcement without taking into account the deadlines, procedures and requirements provided for by this Code. Persons provoking continued participation in a strike deemed illegal by a court are liable in accordance with the procedure established by the laws of the Republic of Kazakhstan (Article 176 of the Labor Code).
At the same time, coercion to participate in a strike entails criminal liability under Article 157 of the Criminal Code.
Calls to continue participating in a strike deemed illegal by a court, committed publicly or using mass media or telecommunications networks, as well as bribing employees for this purpose, entail criminal liability under Article 402 of the Criminal Code.
At the same time, since 06.06.2020, a new Law "On the procedure for organizing and holding peaceful assemblies in the Republic of Kazakhstan" (hereinafter referred to as the Law) has been put into effect in Kazakhstan, which provides for a notification procedure for organizing and holding meetings, rallies and pickets.
In accordance with Articles 10 and 11 of the Law, before the day of their holding, the organizer must submit a notification to the akimat in hard copy or in the form of an electronic document certified by an electronic digital signature, which is considered within 3 working days.
If there is no response after this period, the organizer may hold a peaceful assembly (paragraph 3, paragraph 1, Article 11 of the Law). This is the meaning of the notification procedure.
At the same time, peaceful assemblies should be held only in specialized places (Article 9 of the Law).
Organization, as well as participation in illegal meetings, rallies, processions, demonstrations or other public event, if these actions do not have signs of a criminal offense, entail administrative responsibility provided for in Article 488 of the Code of Administrative Offenses.
In addition, for organizing, holding or participating in an illegal meeting, rally, march, picket, demonstration or other illegal public event, as well as assisting in organizing or holding such events by providing premises, communications, equipment, transport, if these acts have caused significant harm to the rights and legitimate interests of citizens or organizations, or the interests of society or the state protected by law are criminalized under Article 400 of the Criminal Code.
Also, for the deliberate blocking of transport communications, if these acts entailed a violation of the normal operation of transport and communications, criminal liability is incurred under Article 350 of the Criminal Code.
Prosecutor's Office of Khromtau district