Labour legislation of the Republic of Kazakhstan

The labour legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of the Labour Code, adopted by Law of 15 May 2007, laws of the Republic of Kazakhstan and other regulatory and legal acts of the Republic of Kazakhstan.

The objective of the labour legislation of the Republic of Kazakhstan consists in legal regulation of labour relations and other relations directly connected with labour and geared to protecting the rights and interests of the parties to the labour relations and establishing minimal guarantees of the rights and freedoms in the sphere of labour.

The tasks of the labour legislation of the Republic of Kazakhstan consist in creating the requisite legal conditions for achieving a balance of the interests of the parties to the labour relations, economic growth, higher production efficiency and human welfare.

The Labour Code regulates the following relations:

1) labour;

2) directly connected with labour;

3) social partnership;

4) labour protection and labour safety.

The principles of the labour legislation of the Republic of Kazakhstan are as follows:

1) inadmissibility of restrictions on human and civil rights in the sphere of labour;

2) freedom of labour;

3) prohibition of discrimination, forced labour and the worst forms of child labour;

4) guaranteed right to working conditions meeting the safety and hygiene requirements;

5) priority of the life and health of the employee over the results of production activities;

6) guaranteed right to a fair remuneration for labour not below the minimum wage;

7) guaranteed right to rest;

8) equality of the rights and opportunities of employees;

9) guaranteed right of association of employees and of employers for the purpose of protecting their rights and interests;

10) social partnership;

11) state regulation of labour protection and labour safety;

12) guaranteed right of employees’ representatives to exercise public control over observance of the labour legislation of the Republic of Kazakhstan.

Everyone shall have the right freely to choose labour or agree to work without any discrimination or compulsion to do so, the right to apply labour abilities, choose a profession and type of activity. No-one may be subjected to any discrimination in exercising their labour rights depending on sex, age, physical disabilities, race, nationality, language, material, social or official position, place of residence, attitude to religion, political convictions, tribe or social stratum or

membership of public associations.

Forced labour is prohibited. Forced labour shall mean any work or services required from any person under threat of any punishment, for fulfilment of which this person has not offered its services voluntarily, with the exception of work:

· required by virtue of the laws of the Republic of Kazakhstan on mandatory military service;

· constituting part of the civil duties of citizens, as established by laws of the Republic of Kazakhstan;

· required from someone by virtue of a court sentence that has come into legal effect, on the condition that the work will be performed under the supervision and control of state authorities and that the person performing it is not yielded or handed over to any individuals and (or) legal entities;

· required under the conditions of an emergency or martial law;

· performed for the direct benefit of a team by the members of the given team and may, therefore, be considered to be ordinary civil obligations of the members of the team on the condition that they or their representatives have the right to express their opinion concerning the advisability of this work.

Дата добавления: 2014-10-17