H.Collins, K.Ewing, A.McColgan. Labour Law. Cambridge University Press, 2012

Balancing social protection and equity with the need for economic efficiency.

In all countries, every epoch needs to find an acceptable and viable equilibrium in labour law between the functions of social protection and equity and the considerations of economic efficiency. These are the concerns underlying legislative reform, although the decisions taken in practice are often rough and ready in the absence of any generally accepted and clearly defined method of assessing the effects of existing legislative provisions and the changes proposed to them.

Those involved in legislative reform, whether they represent the government, trade unions or employers, as well as the ILO officials and experts concerned, therefore need to endeavour in so far as possible to spell out the consequences of any proposed modification to labour legislation. This entails trying to assess the effects (both costs and benefits) of existing provisions and proposed reforms on the interests of workers and employers, and more broadly on those of society in general in both the short and the long term. In assessing the effects of the various provisions of labour legislation, recognition needs to be given to their role in correcting market failures and advancing the public good. On the other hand, sensitivity is also needed to issues of labour market flexibility to allow for competitive efficiency in a globalized economy. Evidently, the difficulty with any such assessment exercise is that it can rarely be made entirely objectively and accurately, as the necessary information to do so is generally only partially available and is subject to different interpretations.

Tripartite participation in the process of legislative reform and review at the very least guarantees that the various considerations are taken fully into account and their possible effects are assessed from a variety of points of view. Moreover, when the ILO is involved in assisting countries in labour law reform, at their request, it reinforces the commitment to guaranteeing fundamental principles and rights at work in compliance with the ILO Conventions that have been ratified by the countries concerned.

Used and recommended literature:

1. Уваров В.Н. Трудовое право Республики Казахстан: Учебник. Алматы, 2000.

2. Шайбеков К.А. Трудовое право Республики Казахстан. Алматы, 1996.

3. Labour Code of the Republic of Kazakhstan. Code of the Republic of Kazakhstan dated 15 May, 2007 No. 251 // http://adilet.zan.kz/eng/

5. Labour Law, Fundamental Rights and Social Europe.Edited by Mia Rönnmar.Hart Publishing, Oxford, 2013.

Answer the following questions using the information from this text:

1. What does the existing Labour Code embrace?

2. What aspects of labour have become the categories of labour law?

3. What is the labour legislation of the Republic of Kazakhstan?

4. What are the basic rights and obligations of the employee?

5. What are the basic rights and obligations of the employer?

6. What does the Labour Code contain?

7. What is the subject of the employment contract

8. Age from which it is permitted to conclude an employment contract.

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