Labor Code of the Republic of Kazakhstan
Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V ЗРК.
SECTION 3. SOCIAL PARTNERSHIP AND COLLECTIVE RELATIONS IN
SPHERE OF LABOR
Chapter 13. SOCIAL PARTNERSHIP IN THE SPHERE OF LABOR
Article 147. Bodies, principles and tasks of social partnership
1. The parties to the social partnership are the state represented by the relevant executive bodies, employees and employers represented by their representatives authorized in the prescribed manner.
2. Social partnership is provided in the form of interaction between the parties through the bodies of social partnership:
1) at the republican level - by the republican tripartite commission on social partnership and regulation of social and labor relations (hereinafter - the republican commission);
2) at the sectoral level - by sectoral commissions on social partnership and regulation of social and labor relations (hereinafter referred to as the sectoral commission);
3) at the regional (regional, city, district) level - by regional, city, district commissions for social partnership and regulation of social and labor relations (hereinafter - the regional commission);
4) at the level of organizations in the form of collective agreements establishing specific mutual obligations in the field of labor between representatives of employees and the employer on the basis of the legislation of the Republic of Kazakhstan.
3. Permanently operating republican, sectoral, regional commissions are formed on the basis of the following principles:
1) the obligatory participation of representatives of executive authorities, representatives of employers and employees in the activities of the commissions;
2) the powers of the parties;
3) parity representation;
4) equality of the parties;
5) mutual responsibility of the parties.
4. The personal composition of the commission members is formed by each party of the social partnership independently.
5. Social partnership in the Republic of Kazakhstan is aimed at solving the following tasks:
1) creation of an effective mechanism for regulating social, labor and related economic relations;
2) assistance in ensuring social stability and social harmony on the basis of objective consideration of the interests of all strata of society;
3) assistance in ensuring guarantees of the rights of workers in the field of labor, the implementation of their social protection;
4) facilitating the process of consultations and negotiations between the parties to social partnership at all levels;
5) assistance in resolving collective labor disputes;
6) development of proposals for the implementation of state policy in the field of social and labor relations.
Article 148. Organization of social partnership
1. The republican, sectoral and regional commissions are permanent bodies to ensure the coordination of the interests of the parties to social partnership through consultations and negotiations, which are formalized by appropriate decisions that are binding on the parties.
2. Ensuring the organization of social partnership is entrusted to:
1) at the republican level - to the authorized state body for labor;
2) at the sectoral level - to the authorized state bodies of the relevant fields of activity;
3) at the regional level - to local executive bodies of the corresponding administrative-territorial unit.
For the purposes of this Code, the list of industries is established by the republican commission.
3. The representatives of the parties are:
1) at the republican level - authorized representatives of the Government of the Republic of Kazakhstan, republican associations of trade unions, republican associations (associations, unions) of employers, republican associations for small businesses;
2) at the sectoral level - plenipotentiary representatives of authorized state bodies of the relevant spheres of activity, sectoral trade unions, sectoral associations (associations, unions) of employers, and in their absence - sectoral organizations;
3) at the regional level:
at the level of the region, city of republican significance, the capital - authorized representatives of local executive bodies, territorial associations of trade unions, regional or city of republican significance and the capital of the association (association, union) of employers, regional or city of republican significance and the capital of the small business association;
at the level of a district, a city of regional significance - authorized representatives of local executive bodies, district or city of regional significance, small business associations, territorial associations of trade unions.
The personal composition of the commission members is formed by each party of the social partnership independently. Representatives of the parties to the social partnership are endowed with equal rights and powers.
4. Excluded by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
5. Excluded by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Footnote. Article 148 as amended by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 149. Right to Negotiate on the Preparation of Agreements
1. The initiator of negotiations on the development, content, conclusion, amendment, addition of the agreement may be any of the parties to the social partnership.
2. If there are several representatives authorized by employees and employers at the republican, sectoral, regional levels, each of them is given the right to negotiate on the basis of the principle of proportional representation, depending on the number of employees and employers represented.
Article 150. Procedure for Negotiating, Developing and Concluding Agreements
1. The parties who have received written proposals to start negotiations from the other party are obliged to consider them and start negotiations within ten calendar days.
If there are disagreements between the parties on certain provisions of the agreements, the parties must sign an agreement on agreed terms with the simultaneous drawing up of a protocol of disagreements within three months from the date of the start of negotiations.
If the parties could not come to an agreement, a protocol is drawn up, in which the finally formulated proposals of the parties on the elimination of disagreements and the timing of the resumption of negotiations are entered.
2. The procedure for negotiating, the terms for the development and conclusion of agreements, as well as the introduction of amendments and additions to them, are approved by the commissions.
3. Agreements come into force from the moment they are signed by the parties or from the day specified in the agreements. All annexes to agreements are their integral part and have equal legal force with them.
4. The term of the agreement is established by agreement of the parties or until the adoption of a new agreement, but cannot exceed three years.
5. In cases where employees are simultaneously subject to several agreements, the most favorable terms for employees are applied in the presence of written statements from employees.
6. The decisions of the commissions are taken only on the basis of reaching an agreement of all parties in the negotiations and are formalized by appropriate agreements. The procedure for making decisions and organizing work is developed and approved by the commissions.
7. General, sectoral, regional agreements are confirmed by the signatures of representatives of the parties to the social partnership.
Footnote. Article 150 as amended by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 151. Registration of agreements
1. Sectoral and regional agreements signed by the parties with attachments shall be sent for notification registration within ten days.
2. Registration of sectoral and regional agreements concluded at the regional level is carried out by the authorized state body for labor.
3. Registration of sectoral and regional agreements concluded at the city, district levels is carried out by local executive bodies.
Article 152. Parties, types of social partnership agreements
1. At the republican level, a general agreement is concluded between the Government of the Republic of Kazakhstan, republican associations (associations, unions) of employers and republican associations (associations, unions) of trade unions.
2. At the sectoral level, sectoral agreements are concluded between authorized state bodies of the relevant field of activity, authorized representatives of employers and sectoral trade unions.
3. At the regional level, regional (regional, city, district) agreements are concluded between local executive bodies and authorized representatives of employers and territorial associations of trade unions.
Footnote. Article 152 as amended by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 153. Content of social partnership agreements
1. Agreements must include provisions:
1) about the validity period;
2) on the procedure for monitoring the execution;
3) on the procedure for making changes and additions to the agreement;
4) on the responsibility of the parties in the event of failure to fulfill their obligations.
2. The content of the general agreement is determined by the republican commission based on the draft general agreement submitted by all parties to a social partnership or one of them.
3. The content of the sectoral and regional agreements is determined by the sectoral and regional commissions on the basis of draft agreements submitted by all parties to the social partnership or one of them.
4. The general agreement should provide for the following provisions:
1) on consideration of draft laws in the field of social and labor relations;
2) on measures to prevent and prevent social and labor conflicts and strikes;
3) on the development of the labor market, promotion of effective employment of the population;
4) on the approval of the national qualifications framework;
5) on the conditions and labor protection, industrial and environmental safety;
6) on the development of social partnership and dialogue;
7) on the procedure for the formation and activities of a group of observers to participate in the development and adoption of agreements at the sectoral and regional levels.
5. Industry agreements should provide for provisions:
1) on the consideration of program and strategic documents of the relevant industry;
2) on the development of social partnership and dialogue in the industry;
3) on measures to prevent and prevent social and labor conflicts and strikes;
4) on the basic principles of the industry's remuneration system, including the establishment of:
minimum tariff rates (salaries) in the industry;
minimum values of interdigit coefficients;
a unified procedure for establishing additional payments to workers engaged in heavy work, work with harmful and (or) dangerous working conditions;
5) on the approval of the sectoral qualifications framework.
6) excluded by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
7) excluded by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
8) excluded by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
9) excluded by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
6. Regional agreements should provide for provisions on:
1) development of social partnership and dialogue in the region;
2) consideration of program and strategic documents of the region;
3) measures to prevent and prevent social and labor conflicts and strikes;
4) assistance to employers and employee representatives in the settlement of labor disputes;
5) taking measures aimed at ensuring employment and reducing the unemployment rate;
6) the activities of the Council on the prevention and resolution of collective labor disputes.
7. The provisions of the agreement that worsen the position of the employee in comparison with the labor legislation of the Republic of Kazakhstan are recognized as invalid and shall not be applied.
Footnote. Article 153 as amended by the Law of the Republic of Kazakhstan dated 04.05.2020 No. 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 154. Validity of social partnership agreements, control over their implementation and responsibility of the parties
1. The action of the general agreement applies to state bodies, employers, employees represented by their representatives, authorized in the prescribed manner.
2. The sectoral agreement applies to state bodies of the relevant field of activity, employers, employees and their representatives of the relevant sector.
3. The regional agreement applies to local executive bodies, employers, employees and their representatives of the corresponding administrative-territorial unit.
4. The agreements also apply to organizations registered on the territory of the Republic of Kazakhstan, owners of property, founders (participants) or shareholders of which are foreign citizens or foreign legal entities or legal entities with foreign participation, as well as branches and representative offices of foreign legal entities.
5. The authorized state body for labor at the republican level, state bodies of the relevant field of activity at the sectoral and local executive bodies at the regional levels are obliged to officially publish the agreements within thirty calendar days from the date of their signing.
6. Control over the implementation of agreements is carried out by the parties of the social partnership.
7. Avoidance of representatives of the parties from participating in negotiations on the conclusion, amendment, addition of agreements or unjustified refusal to sign an agreement, violation of the terms of negotiations and failure to ensure the work of the relevant commission, failure to provide information necessary for negotiating and monitoring compliance with the provisions of the agreements, as well as violation or non-fulfillment of their conditions entails liability established by the laws of the Republic of Kazakhstan.
Article 155. Public control over compliance with the labor legislation of the Republic of Kazakhstan
Republican and sectoral associations of workers exercise public control over compliance with the labor legislation of the Republic of Kazakhstan on the conditions and in the manner prescribed in agreements and collective agreements.