From May 30 to June 10, 2016 in Geneva (Switzerland) takes place annual 105th Session of the International Labour Organization (ILO) in which social partners of the Republic of Kazakhstan take part. The government of RK is represented by the vice-Minister of health and social development Birzhan Nurymbetov, on behalf of workers – the chairman of Federation of Trade Unions of the Republic of Kazakhstan Abelgazi Kussainov, and also chairmen of branch trade unions: of workers of an oil and gas complex – Sultan Kaliyev, of mining and metallurgical industry – Asylbek Nuralin.
On June 4, 2016 at a meeting of Committee of the ILO the report of the Government of RK on performance of the Convention No. 87 of the ILO on which the report was made by the vice-Minister of health and social development of RK Birzhan Nurymbetov has been heard. He has reported that for years of membership in the ILO Kazakhstan ratified 24 conventions of the ILO, obligations for which are implemented in the labor legislation of the country. In the last 2-3 years for development of social partnership in Kazakhstan new laws are adopted: “About national chamber of businessmen”, “About Trade Unions”, and the new Labour Code, based on the best international experience, and standards, first of all, by the ILO. The representative of the Kazakhstan Government has given explanations according to comments of Committee of the experts of the ILO connected with observance of the Convention No. 87.
Concerning the law “About Trade Unions”:
According to remarks regarding restrictions for judges and law enforcement agencies.
Article 23 of our Constitution proclaims the right of citizens of the country for freedom of associations.
But at the same time, military personnel, employees of bodies of national security, law enforcement agencies and judges shouldn’t consist in parties, trade unions, support any political party.
Considering special legal status of the judge, the Constitution has established a ban to judges to consist in parties and trade unions.
However, this ban doesn’t mean restriction of the rights of judges to consist in other public associations and to create them for realization and protection of common interests of judicial community. And this right is confirmed with the Resolution of the Constitutional Council of RK of July 5, 2000 “About official interpretation of paragraph 2 of article 23 of the Constitution of the Republic of Kazakhstan”.
And as the example, in Kazakhstan successfully carries out the activity the public association “Union of Judges of the Republic of Kazakhstan” which represents and protects common interests of judicial community, interests of the members.
Rather law enforcement agencies. The law “About Law-enforcement Service” law enforcement officers have no right to consist in trade unions, to create the public associations pursuing political goals in system of law enforcement agencies.
However civil workers, the personnel working in law enforcement agencies as well in judicial authorities and the military personnel, have the rights specified in the Convention No. 87 without any restrictions.
And, as an example, in Kazakhstan trade union organizations of the military personnel uniting 12 thousand members and in the Ministry of Internal Affairs system – more than 2,5 thousand people function.
The vice-minister has given detailed explanations and on other questions.
The position on the discussed questions was stated and had made the detailed report by Abelgazi Kussainov, the Chairman of Federation of Trade Unions of RK:
– The main component of the Law “About Trade Unions” is a built system of social partnership at 4 levels, it doesn’t exist in the former Law.
First level: The labor collective – Primary organization – Employer;
Second level: The territory, in Kazakhstan 16 of them, taking into account tragic events is a major link on prevention of the labor conflicts. Monthly meetings of the Tripartite commissions – Trade Unions-Employers-Territorial power on permission of labor disputes with participation of conflicting parties are held. For example, for 2015 joint efforts with participation of prosecutor’s office have extinguished debts on a salary of 4,1 billion tenges to 83 thousand workers, on the solution of this question 1075 penalties have been imposed (on the sum of 99,3 million tenges), 178 materials are brought to trial, 5 criminal cases are brought.
Public receptions of territorial authorities of trade union only in 1 quarter 2016 1200 applicants on various questions of the labor law are accepted and it speaks about trust to trade unions, and now in the country is adopted and the new Law “About Public Councils” works. As a part of which 2\3 non-governmental organizations, and our territorial trade union leaders including were parts of Public councils which main function – hearing of reports of an executive branch of the power, making recommendations and demand for execution. Therefore we also intend to use this new institute for achievement of the purpose on protection of the person of work.
In the conditions of global crisis by Territorial authorities for June 1 of the current year 107 664 memorandums are concluded with employers and local authorities about preservation of workplaces more than 2,5 million workers.
Third not less important level: The ministries – Branch trade unions – Association of employers where branch coefficients and other most vital issues of social character concrete branches are accepted by the joint agreement.
Fourth level: The governments – Workers – Employers quarterly consider the most topical issues of social partnership.
Once in three years is signed the tripartite agreement. Signers are all three republican professional associations that wasn’t earlier. Unfortunately, I would like to note, in the country from 2,5 million 836 so-called independent trade-union associations, part from which formally are present at the enterprises, appeared members of labor unions two years ago, limiting the activity only to collecting professional contributions and carrying out actions on duty, without troubling itself to participate in tripartite partnership. Therefore for a transition period measures for association and strengthening of trade unions have been provided in the Law.
In the Law “About Labor Unions” the principle of voluntariness is kept during creation, the introduction and an exit from trade union.
The law doesn’t limit the right of workers for creation of the trade union organization. In one organization several trade unions and such the enterprise much, especially in a mountain metallurgical complex can be formed and work. The same treats also other levels of social partnership, in branches – a set of branch trade unions, in the republic – three republican professional association.
According to Art. 13 of the Law “About Labor Unions” the branch trade union is the plenipotentiary of workers in social partnership at the branch level.
In branch trade union not less than a half of total number of employees of branch unite if this norm, then a half of the organizations entering into branch doesn’t arrange. And if we don’t accept this option, then the third – to have structural divisions in the territory of more than a half of areas. Also to be a part of republican merging of trade unions as the member organization. We consider, this principle during a transition period more acceptable.
The branch trade union as the member organization acts under the charter, at the same time he keeps the independence and the rights of the legal entity.
Secondly, the right of trade unions to independently define organizational structure, to elect governing bodies, to define their powers is kept.
Thirdly, the right of trade unions to create associations (the unions, associations) on branch and to the territorial principles is kept.
In the law norms of protection of trade union leaders are defined.
Article 7 of the Law “Prohibition of Discrimination of Citizens on the basis of Belonging to Trade Unions” says:
1. Belonging to trade unions doesn’t involve any restriction of the labor, social and economic, political, personal law and freedoms of the citizens guaranteed by laws of the Republic of Kazakhstan.
2. Are forbidden discrimination at employment, advance on work, and also cancellation of the employment contract at the initiative of the employer because of the worker’s belonging to trade union, the introduction or an exit from him.
3. Impact on persons is forbidden by threat or other illegal actions to force them to refrain from the accession to labor union, to leave one trade union and to enter another or to independently dismiss trade union.
Besides, the Criminal code of RK has established responsibility including criminal, for hindrance of lawful activity of representatives of workers (Article 154).
Unfortunately, the facts of intervention of employers in trade union activity take place.
For example, in January, 2015 the CEO of SNPS-Aktobe Transport Company LLP has issued the order No. 32 which allowed discrimination of workers because of belonging to trade unions.
As a result Territorial associations of trade unions of the Aktobe region has filed a petition in regional prosecutor’s office. On a protest of the prosecutor of the area the employer has been brought to administrative responsibility, his order is repealed.
And now practice of active protection of the rights is acquired, using standards of the legislation.
The major innovation is article 16 where the right to labor unions is granted to participate in development of the normative legal acts infringing on labor and social and economic interests of workers.
We have skillfully used this right during the developing and adoption of the new Labour code which is enacted since January 1 of the current year.
Rough debate, discontent the first version of the Labour code presented by the Government has caused. The federation of trade unions has made 219 amendments to various articles. In total 8 versions of the Labour code have been in common developed, 117 changes and additions made by Federation of trade unions were accepted. The most important of them:
Public control over observance of the labor legislation is assigned to trade unions.
Trade unions have achieved Providing a share of the main salary not less than 75% without the lump stimulating sums – in former shopping mall this norm wasn’t.
For overtime works at night, festive, the days off (in the project 1,25) proceeding from a day (sentry) rate of the worker, it is accepted not less than 1,5 multiple. And this norm allows trade unions to enshrine through negotiation processes big provision in the collective agreement, and for today there is a lot of such examples.
It is entered concepts Production Council for safety and labor protection and, at last, his decision is obligatory for the employer as earlier public inspectors were deprived of civil rights.
In the country also 36 working week, hour for harmful productions, are kept 40 hour.
As you can see, today labor unions of Kazakhstan seek to keep up to date and carry out the powers.
Members of the Kazakhstan delegation daily take part in plenary sessions of the 105th Session of the ILO, working meetings of Committee of the ILO where the planned reports of the governments of the countries of Asia, Europe, Latin America and Africa on implementation of the main requirements of Conventions of the ILO are considered. Meetings of Committee of the ILO are held with participation of all parties of social partnership – the states, associations of employers and representatives of workers (trade unions), their corresponding reports, conclusions and recommendations of commissions of experts of the ILO are heard.