Memorandum on the conclusion of the Collective Agreement

It would seem, in the organization and without many documents regulating labor relations, and could be done without a collective agreement. In the end, the workers already have an employment contract! Together with them, the agreement of the optimal balance of interests of employees and employers on issues of regulation of employment and other issues directly related to them helps to achieve the following goals:

  • stabilization of labor rights with employees;
  • strengthening the motivation of employees in solving tasks, standing before the organization;
  • ensuring material interest of employees in response to the performance of their labor (duties) responsibilities;
  • achievement of order of payment systems of labor;
  • optimization of planning and management of labor costs for payment;
  • provision of social protection and material support of employees.

And so, a COLLECTIVE AGREEMENT is a legal act in the form of a written agreement concluded between employees represented by their representatives and the employer, regulating social and labor relations in the organization.
The parties to the collective agreement are the employer and employees represented by their representatives authorized in accordance with the established procedure.
If there are several representatives of employees in the organization, they create a single representative body to participate in the work of the Commission, discuss and sign a collective agreement.
Employees who are not members of a trade Union have the right to authorize the trade Union body to represent their interests in relations with the employer.
The proposal to start collective negotiations and conclude a collective agreement may come from any of the parties.
A party that has received a notification from the other party with a proposal to start negotiations on the conclusion of a collective agreement must review it and enter into negotiations within ten days.
The content and structure of the collective agreement are determined by the parties in accordance with the General, industry and regional agreements, as well as in article 157 of the Labor code of the Republic of Kazakhstan, provisions for inclusion in the collective agreement are indicated.
The collective agreement should not worsen the situation of employees in comparison with the labor legislation of the Republic of Kazakhstan, General, industry, regional agreements. Such provisions are deemed invalid and are not applicable.
When an agreement is reached between the parties, the collective agreement is drawn up in at least two copies and signed by the representatives of the parties.
The employer must submit the collective agreement signed by the parties to the local labor inspection body (WKO, Uralsk, 188 Nursultan Nazarbayev Ave., tel: 50-04-86, 24-05-16) for monitoring within one month from the date of signing.
Also, on the official website (enbek-bko.gov.kz) you can find a sample of a collective agreement in the WKR labor inspection Department.
It should be noted that this "sample collective agreement" is of an approximate nature and can be expanded or changed at the discretion of the parties to the employment relationship.

Памятка по заключению Коллективного договора
Дата публикации
22 сентября 2020