REGIONAL AGREEMENT
between the Akimat of Atyrau region, the territorial association of the trade union "Trade Union Center of Atyrau region" and the regional association of employers of Atyrau region
for 2021-2023
Atyrau city
REGIONAL AGREEMENT between the Akimat of Atyrau region, the territorial association of the trade union "Trade Union Center of Atyrau region" and the regional association of employers of Atyrau region for 2021-2023
Section I. General Provisions
1. Plenipotentiary representatives of the Akimat of Atyrau Region, the Territorial Association of Trade Unions "Trade Union Center of Atyrau Region" and the Regional Association of Employers of Atyrau Region (hereinafter referred to as the Parties), acting in accordance with the Constitution and legislation of the Republic of Kazakhstan, recognizing the principles:
strict observance of the legislation of the Republic of Kazakhstan;
social responsibility of the state, employers and employees, mutual respect, trust and the maximum possible compromise of their interests;
social partnership, including collective-contractual regulation of labor relations and other directly related to labor relations, as well as socio-economic relations;
constructive interaction to ensure decent working conditions and protect the socio-economic interests of employers and employees, maintain harmony and stability in labor collectives,
concluded this Regional Agreement between the Akimat of Atyrau Region, the territorial association of the trade union "Trade Union Center of Atyrau Region" and the Regional Association of Employers of Atyrau Region for 2021-2023 (hereinafter referred to as the Agreement) in the following areas:
1) social partnership;
2) economic policy;
3) ensuring employment of the population;
4) decent working conditions and remuneration;
5) social policy;
6) implementation of the Agreement and supervision of its implementation.
2. The concepts used in the Agreement are applied in accordance with the legislation of the Republic of Kazakhstan.
Section II. Social partnership
3. The parties agreed to take measures aimed at ensuring the coordination of the interests of employees (representatives of employees), employers (representatives of employers), state bodies on the regulation of labor relations and other directly related to labor relations, as well as socio-economic relations.
The parties assumed obligations to develop social partnership aimed at:
1) making proposals in considering issues of reforming the institution of social partnership through the development of the Law "On Social Partnership", which provides for the expansion of the scope of social partnership to solve problems of improving the welfare of the population, reducing inequality in society, developing the economy and supporting employment, forming civil society and others issues affecting the interests of the Parties;
2) increasing the role of associations (associations, unions) of trade unions and associations (associations, unions) of employers in representing and protecting the labor and socio-economic rights and interests of their members;
3) compliance with legislative, generally recognized international norms and rules on non-interference in the activities of associations (associations, unions) of trade unions and associations (associations, unions) of employers, non-obstruction of their creation and functioning;
4) modernization of the Regional Tripartite Commission on Social Partnership and Regulation of Social and Labor Relations (hereinafter referred to as the Regional Commission), providing for the adoption of a new Regulation on the Regional Commission in accordance with the conventions and recommendations of the International Labor Organization;
5) regular consultations and negotiations of the Parties at meetings of the Regional Commission, as well as full, timely and high-quality implementation of its decisions on the regulation of labor relations, and other directly related to labor relations, as well as socio-economic relations;
6) ensuring the participation of the Parties in the development of regional drafts of regulatory legal acts in the field of social and labor relations;
7) participation of representatives of the Parties at the meetings of the Akimat of the region when considering issues of regulation of labor and other relations directly related to labor, as well as socio-economic relations;
8) settlement of collective labor disputes and conflicts, improvement of the current procedure for their resolution, as well as development of the practice of collective contractual regulation of social and labor relations in organizations of the Atyrau region;
9) holding joint seminars and trainings for employees and employers to explain the basics of labor legislation, develop negotiating skills and achieve consensus in labor conflicts;
10) monitoring and summarizing the experience of concluding regional agreements, their subsequent implementation, as well as overseeing the regulation of social and labor relations on the basis of collective agreements.
Section III. Economic policy
4. The Parties agreed to take measures aimed at the development of economic policy in order to achieve medium-term goals to improve the quality of life and well-being of the population, as well as ensure sustainable economic growth, and undertake the following obligations:
Akimat of Atyrau region:
1) fiscal policy will be aimed at increasing the competitiveness of domestic enterprises and stimulating import substitution;
2) expanding and improving the targeting of programs and measures of state support;
3) ensure the development of alternatives to bank lending through the expansion of microcredit, factoring, stock market opportunities to reduce business dependence on bank lending;
4) continue work on creating favorable conditions for doing business, including:
expansion of a new format of interaction between the state and business on the principle of a single office for the provision of services "Government for Business";
simplification of business creation procedures and reduction of administrative barriers;
optimization and mitigation of state regulation, including tax administration, reduction of barriers to market entry and business processes;
improving the availability and quality of infrastructure;
expanding access for domestic businesses to participate in public procurement, procurement of the quasi-public sector and regulated procurement of subsoil users;
expansion of public-private partnership tools, including through fiscal incentives, benefits and preferences;
ensuring the stability of investment legislation;
reducing the direct participation of the state in the economy;
formation of a competitive environment between the quasi-public sector and private business using the best practices of OECD countries;
application of incentive measures to reduce the share of the shadow economy;
The parties jointly agreed:
1) work out measures to simplify tax administration;
2) take measures to develop fiscal policy to stimulate import substitution and increase the competitiveness of domestic enterprises;
3) ensure transparency of the public procurement system, including in the quasi-public sector;
4) continue work on the introduction of a proactive state policy for the development of competition with the transition to a wider use of “soft law” tools for minor offenses with tougher liability for serious violations;
5) continue work on the implementation of the best practices and standards of the OECD, as well as on the implementation of the UN Sustainable Development Goals at the national and global levels;
6) to form a system of standards for the development of competition in the regions;
7) to promote the introduction at enterprises of new methods of organizing production, quality management systems, corporate governance principles and advanced energy-saving technologies that increase labor and capital productivity.
Section IV. Ensuring employment of the population
5. The Parties agreed to take measures aimed at developing the labor market and promoting effective employment of the population in order to increase the growth of incomes of the population, and undertake the following obligations:
Akimat of Atyrau region:
1) creates conditions for the development of mass entrepreneurship, including:
- teaching the basics of entrepreneurship under the Bastau Business project, including online;
- provision of state grants for the implementation of new business ideas;
- development of youth entrepreneurship "Zhas Kasipker";
2) implements the Employment Roadmap for 2020-2021, aimed at ensuring employment, preventing an increase in the unemployment rate and creating additional jobs;
3) carry out comprehensive work on the development and implementation of new forms of recruitment and employment;
4) directs the education system towards the training of personnel in accordance with the needs of the labor market and the prospects for its development;
5) provides the unemployed and self-employed with opportunities to acquire professional skills and competencies that are in demand on the labor market;
6) through social insurance will stimulate productive employment;
7) carry out activities that promote the employment of persons experiencing difficulties in finding a job;
8) protect the internal labor market by setting quotas for attracting foreign labor;
9) assists employers in creating special jobs for the employment of persons with disabilities.
Regional association of employers:
1) carries out work to include the rights and obligations of employers to provide employees with vocational training, retraining and advanced training in collective agreements and (or) sectoral, regional agreements in accordance with the legislation of the Republic of Kazakhstan;
2) together with employment centers, informs and assists employers in providing jobs for the organization of public works, social jobs and youth internships;
3) ensures the creation by employers of special jobs for persons with disabilities, in accordance with the legislation of the Republic;
4) ensures the fulfillment of the obligations of employers to fulfill the quota for the employment of persons with disabilities, in compliance with the standards of workplaces for them, in accordance with the legislation of the Republic of Kazakhstan;
5) ensures that employers provide information on the availability of vacancies and data on the predicted creation of jobs in the context of popular specialties in a single information base of the labor market, including through the state information portal "Electronic Labor Exchange" in accordance with the legislation of the Republic of Kazakhstan;
6) ensures the transfer by employers of laid-off employees to existing vacancies in a similar position, corresponding qualification, specialty or profession, complexity, quantity and quality of work performed in legal entities (branches, representative offices and (or) other separate structural divisions) that are the founder, participant or a shareholder of the employer (within the organization);
7) together with employment centers, informs and assists employers in the employment of young people within the framework of the "First Job" project in the manner and conditions established by the authorized body on employment issues;
8) takes measures to gradually replace foreign specialists with Kazakhstani ones through the provision by employers for Kazakhstani specialists of a priority right to employment, with equal qualifications of candidates (taking into account the level of education, knowledge, skills, professional skills and work experience of the employee);
9) intensifies work on mentoring older generation workers to transfer experience and skills to young people;
10) together with employment centers, assists in ensuring that employers retain existing jobs within the framework of state employment support measures;
11) takes measures to prevent employers from mass layoffs of employees in the process of restructuring organizations.
Regional association of workers:
1) carry out popularization of working professions and specialties in the mass media;
2) takes part in the development of state employment programs.
The parties jointly agreed:
1) the development of human capital with high-quality and in-demand skills of the 21st century will be a priority for the country's new course of development;
2) to promote the growth of the productivity of the available labor resources by ensuring labor mobility of the labor force, maintaining a focus on supporting those employed in low-productivity industries, the informal sector of the economy and the unemployed, improving the infrastructure of the labor market and formalizing flexible forms of employment;
3) carry out work to ensure employment of the population of the Atyrau region, create new jobs, as well as maintain the unemployment rate of no more than 4.9% by 2023;
4) improve the system of forecasting the demand and supply of labor force, informing about the labor market;
5) provide sectors of the economy with qualified personnel;
6) improve the quality and potential of labor resources;
7) take systematic measures to train personnel, taking into account the new structure of employment and the modernization of the quality of education in higher educational institutions, technical and vocational education;
8) conduct consultations on:
development of the national system of qualifications;
development of professional standards;
approval of the national qualifications framework;
development, revision and approval of the list of regulated professions;
modernization of the unified tariff-qualification directory of works and professions of workers and the unified qualification directory of positions of managers, specialists and employees;
development of sectoral programs for training and retraining of personnel;
formation of a personnel certification system;
development of a career guidance system;
the development of in-house training and advanced vocational training for laid-off workers;
professional mobility of personnel;
9) take part in the development, updating and application of the "Atlas of new professions" in the context of economic sectors.
10) take part in the republican competition "Yenbek Zholy" and the championship of professional skills "WorldSkills".
Section V. Decent working conditions and wages
6. The parties agreed to take measures aimed at creating favorable, safe and healthy working conditions, gender equality, social protection of employees, development of the labor potential of employees, including through the participation of employees in making production decisions, and undertake the following obligations:
Akimat of Atyrau region:
1) improve the activities of state labor inspectors aimed at preventive work and prevention of violations of labor legislation;
2) takes part in the consideration of the issue of amending the labor legislation in terms of improving the regulation of remote work;
3) ensure the introduction of new methods and tools for identifying and analyzing industrial injuries, occupational diseases in order to determine general trends and take preventive measures;
4) takes part in the consideration of the issue of partial subsidizing (reimbursement) from the state budget of the expenses of employers (enterprises, organizations) in the event of emergency situations throughout the Atyrau region;
5) consider the issue of improving the system for ensuring industrial and environmental safety;
6) provide favorable conditions for life by creating a safe, environmentally friendly environment, balanced use of natural resources;
7) takes part in the consideration of the issue of abolishing the list of jobs in which the use of women's labor is limited;
8) ensure the development of a system for monitoring the state of working conditions and labor protection, including the improvement of the system of statistical reporting and accounting of workers employed in hazardous working conditions and accidents related to labor activity;
9) study the international experience of participation of employees' representatives at meetings of the management bodies of organizations on issues affecting the interests of employees, if necessary, prepare proposals for changing the legislation.
Regional association of employers:
1) promotes the widespread implementation of the labor protection management system by employers;
2) promotes compliance by employers at enterprises with rules, norms and standards in the field of safety and labor protection and the allocation by employers of the necessary resources (material, personnel, technical, etc.);
3) contributes to the creation by employers of conditions for the implementation of the fundamental rights and guarantees of women, youth and persons with disabilities, including within the framework of agreements and collective agreements;
4) participates in the development and implementation by employers of a set of preventive measures to preserve the life and health of employees, including:
measures to prevent industrial injuries;
conducting periodic medical examinations and examinations of employees engaged in hard work, work with harmful and (or) dangerous working conditions;
introduction of professional risk management mechanisms into production practice;
5) take measures to prevent employers from using funds earmarked for salaries and mandatory pension and social contributions for other purposes;
6) ensures the non-admission of discrimination on the part of the employer in the field of remuneration between foreign and domestic workers in the performance of similar work and the same qualifications.
Regional association of workers:
1) activates public control over compliance with the labor legislation of the Republic of Kazakhstan on the terms and in the manner prescribed in regional tripartite agreements and collective agreements;
2) activates the work of production councils for labor safety and protection, including in terms of conducting inspections of labor conditions and labor protection at workplaces by technical inspectors for labor protection;
3) conducts information campaigns to disseminate collective bargaining relations, as well as concluded electronic labor contracts at domestic enterprises;
4) explains in labor collectives the scale and consequences of accidents, injuries and diseases at work, through the preparation of analytical reports.
The parties jointly agreed:
1) making a proposal in the development in 2021 of the Roadmap for the implementation of the Decent Work Concept recommended by the International Labor Organization;
2) making a proposal for consideration at meetings of the Regional Commission, its working groups, regional commissions, issues of the state of safety and labor protection, industrial injuries, occupational morbidity, followed by sending the developed proposals to the authorized state bodies for practical implementation;
3) making a proposal in taking measures to implement the Concept of Family and Gender Policy until 2030, aimed at ensuring:
equal rights and opportunities for women and men;
protection of motherhood and childhood, social support for women, solution of gender problems in the field of social and labor relations;
equal support for men and women involved in the care and upbringing of children;
equal pay for women and men;
increasing the share of women in managerial positions;
4) take measures to implement the state youth policy aimed at:
ensuring the social rights of young people in the field of labor, education and health protection;
creation of conditions for self-realization;
support and stimulation of a positive public youth initiative;
5) observe and promote the implementation of national policies aimed at the effective elimination of the worst forms of child labour;
6) take part in the implementation of measures to achieve the following performance indicators of the labor protection management system:
reduction in the level of occupational injuries (accident frequency rate per 1000 people) to 0.26 by 2023;
increase in the share of enterprises covered by the system of collective bargaining relations (among large and medium-sized enterprises) up to 94.2% by 2023;
reduction in the proportion of workers employed in hazardous working conditions to 20% by 2023;
7) continue the information campaign for the accession of enterprises of the republic to the Program of the International Social Security Association "VizionZero";
8) hold consultations to develop and take measures to protect the rights of employees to receive monetary compensation in the event of economic insolvency (bankruptcy) of the employer;
9) to promote the creation of workplace safety and labor protection councils at enterprises, as well as their effective functioning;
10) carry out work on the implementation at the enterprises of the region:
vertical control from the customer to the contractor to ensure safe working conditions;
modern standards of labor protection and safety;
11) conduct consultations on the issue of making monthly additional payments to technical inspectors for labor protection in the amount determined in agreements, collective agreements or acts of the employer, but not less than the minimum wage, as well as conducting their annual training in specialized educational organizations at the expense of the employer and (or) trade unions.
Section VI. Social politics
7. The parties agreed to take measures aimed at ensuring social stability and increasing the well-being of citizens by creating conditions for improving their quality of life and making the following social decisions and holding events.
The parties have assumed obligations to develop a social policy aimed at:
1) making proposals for consideration in 2021 of the issue of increasing the maximum value of the social benefit for temporary disability, if necessary, preparing a proposal to amend the current legislation;
2) taking part in the consideration of the issue of a gradual increase in the minimum state social standards and social security norms in accordance with the recommendations of the International Labor Organization, including those providing for an increase in the level of social protection of low-income citizens;
3) providing citizens with guaranteed types of insurance payments for compulsory social insurance;
4) taking measures, taking into account the growth of the economy and budgetary possibilities, for the gradual convergence of minimum social standards with international counterparts;
5) as part of the digitalization of social payments, the introduction of a digital platform "social wallet" of a citizen;
6) taking part in the consideration in 2021, within the framework of the working group approved by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 24, 2020 No. 461 “On the establishment of a working group on compulsory insurance of an employee against accidents in the performance of labor ) responsibilities”, the following issues to improve the quality of life of employees:
- on early retirement of workers engaged in hard work, work with harmful and (or) dangerous working conditions;
- on the social protection of workers in case of a sudden deterioration in health at the workplace, employed in heavy work, work with harmful and (or) dangerous working conditions;
- on the application of a differentiated approach when the employer compensates for harm to the health of an employee that caused his temporary disability, depending on the length of service at the enterprise;
- on the payment by the employer of a one-time compensation for damage to the employee (his legal representative) received as a result of an accident at work or an occupational disease;
- on increasing the amount of payments for compensation for harm to the health of an employee (recourse payments) in proportion to the growth of the average wage at the enterprise (in the organization) for the relevant qualification (position);
7) promoting the development of social entrepreneurship;
8) assistance in expanding the social responsibility of business and in organizing the competition on social responsibility of business "Paryz";
9) taking an active part in the development of the draft Social Code of the Republic of Kazakhstan;
10) taking measures to improve the quality of life of workers with disabilities, strengthening social support, as well as creating equal conditions for their integration into society;
11) development of systems of voluntary pension, medical, social insurance;
Section VII. Implementation of the agreement and control over its implementation
8. The parties agreed that this Agreement is the basic document of social partnership aimed at taking coordinated actions and measures to implement the priorities of state policy in the field of economy, labor, employment and social guarantees for workers, taking into account the current fiscal policy in the sectors of the economy, and in In order to ensure its effective implementation, have agreed as follows:
1) within a month from the date of signing the Agreement, develop an Action Plan for the implementation of the Agreement, its further consideration and approval at a meeting of the Regional Commission;
2) take measures to develop regional (city and district) regulatory legal acts aimed at implementing the agreements set out in the Agreement;
3) each of the Parties has the right to initiate the introduction of amendments and (or) additions to the Agreement, which are accepted by mutual agreement of all Parties, are drawn up in a protocol that is an integral part of the Agreement, and come into force from the date of their signing.
After signing the protocol on amendments and (or) additions to the Agreement, it shall be subject to official publication. The action plan for the implementation of the Agreement is brought into line with the changes and (or) additions made within a month from the date of their signing;
4) decisions of the Regional Commission on issues related to the implementation of the Agreement are one of the forms of implementation of this Agreement;
5) supervise the implementation of the Agreement in the manner specified in the Regulations on the Regional Commission, based on monitoring the implementation of the Action Plan for the implementation of the Agreement;
6) regional (city, district) agreements should not worsen the position of employees in comparison with this Agreement;
7) each of the Parties determines its representatives to be included in the groups of observers participating in the development and adoption of agreements at the regional level, and informs the other Parties about this;
9. The regional association of trade unions, within the framework of its powers, will facilitate the representation by trade unions of the interests of workers who are not members of the trade union, on the basis of their written statements on the same conditions as for members of the trade union.
10. The Agreement applies to employees, employees of the sending party, associations (associations, unions) of trade unions, associations (associations, unions) of employers, employers, as well as the receiving party, which are located on the territory of the Atyrau region, including branches and (or ) representative offices of foreign legal entities that have passed accounting registration, unless otherwise provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
11. The Parties implement the provisions of this Regional Agreement, including through the implementation of the norms of regional (industry) agreements and (or) collective agreements.
12. The parties need to make changes and additions to regional (industry) agreements or conclude new ones in accordance with the Regional Agreement.
13. Supervision over the implementation of the Agreement and the responsibility of all Parties to the social partnership is carried out in accordance with the legislation of the Republic of Kazakhstan.
14. This Agreement comes into force from the moment of its signing and is valid until the adoption of the Regional Agreement for the subsequent period.
15. The Akimat of Atyrau region, after signing the Agreement, places it on the official Internet resource of the Akimat of Atyrau region.
16. Akimat of Atyrau region carries out a compilation and analysis of information on the implementation of the Agreement, places it on its official Internet resource.
17. The agreement was concluded in the city of Atyrau on April __, 2021 in 3 copies for each of the Parties in the state and Russian languages, having the same legal force.
This Regional Agreement was signed by:
From the Akimat of Atyrau region:
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First Deputy Akim of Atyrau region S.K. Aidarbekov |
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From regional associations of workers:
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Chairman of the territorial association of trade unions "Trade Union Center of Atyrau Region" I.U. Baimukhanov |
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From regional associations of employers:
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Director of the Union of Entrepreneurs and Employers of Atyrau Region A.A. Saparova
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