At the site of the online training seminar, the lecturers of the FTURK educational marathon met with members of the conciliation commissions and trade union activists of the enterprises of Kazpost JSC, which are part of the Industry Trade Union of Information, Communications and Communications.
The lecturers of the course presented the most pressing issues of trade union activity and social partnership.
Opening the seminar, Chairman of the Branch Trade Union of Information, Communications and Communications Abylai Abishev noted the importance of raising the level of legal knowledge of trade union workers.
He expressed gratitude to the organizers of the seminar for the opportunity to share the experience of trade union organizations, as well as familiarization with the novelties of the country’s labor legislation.
“The seminars of the Federation of Trade Unions help ordinary trade union members and trade union activists to develop skills of conciliation procedures and negotiation process. The topic of conciliation commissions is vital for us, because one of our most important tasks is the protection of trade union members. The competence of the commission members is very important in the work of the conciliation commission: to act as an arbitrator, to know the subject of a labor dispute, aspects of a collective agreement, ways of resolving labor conflicts,” Abylai Abishev stressed.
Timur Nugmanov, Director of the Department of Legal Support and International Cooperation of the FTURK, introduced important amendments to labor legislation to the participants.
“As you know, on July 1 this year, the Head of State signed the Law of the Republic of Kazakhstan “On Amendments and Additions to the Labor Code of the Republic of Kazakhstan on improving the legal regulation of remote work. The current norms of the Code did not fully regulate the issues that took place in practice. A group of deputies of the Mazhilis of the Parliament initiated a draft law on making appropriate amendments to the Labor Code. Representatives of the FTURK actively participated in the discussion and consideration of this bill and made a large number of proposals aimed at protecting the rights of workers,” Timur Nugmanov said.
He focused on the features of the new concepts of remote and combined remote work.
“Remote work is the implementation of the labor process outside the location of the employer, the host party and their facilities with the use of information and communication technologies in the course of work. In contrast, combined remote work involves the implementation of the labor process by alternating periods of performance of labor duties both at the location of the employer, the host party and their facilities, and through remote work,” the speaker explained.
He also listed the circumstances under which the remote operation mode is established.
“According to Article 138 of the Labor Code, remote work is established both at the conclusion of an employment contract and during the term of the employment contract with the introduction of appropriate amendments and additions to the employment contract. According to paragraph 5 of Article 138 of the Labor Code, for employees engaged in remote work, a fixed accounting of working hours is established in compliance with the restrictions of the daily working time, the specifics of monitoring which are defined in the employment contract or in the act of the employer. However, a prerequisite for remote work is the obligation of the employee to be available within working hours to communicate with the employer, the receiving party,” Timur Nugmanov said.
Along with this, the speaker focused on the issue of reimbursement by the employer of expenses related to the performance of work duties and other norms.
The review of judicial practice on the resolution of labor disputes was presented by the head of the Reconciliation Center of the Professional Center of the Pavlodar region Marina Ivanova.
The lecturer presented to the audience the consideration of case situations on the example of judicial decisions on labor disputes that have entered into force. The presented cases are based on the employer’s liability measures for late payment of wages, reinstatement at work and other situations.
During the seminar, the urgency of issues of prevention and resolution of labor disputes, the organization of work of conciliation commissions and the practical application of labor legislation was separately noted.
This was told to the participants by the Deputy director of the Department of Organizational and Personnel Work of the FTURK Lyazzat Eszhanova.
“The Conciliation Commission is a permanent body established in the organization, its branches and representative offices on a parity basis from an equal number of representatives from the employer and employees. Individual labor disputes are considered by conciliation commissions, and on issues unresolved or non–fulfillment of the decision of the conciliation commission – by the courts. The Commission is obliged to consider an individual labor dispute within 15 working days from the date of registration of the application. At the same time, the accounting of working days is considered to be a five-day working week. The duration of the application for consideration of individual labor disputes is suspended in the absence of a conciliation commission before its creation,” Lyazzat Eszhanova noted.
According to her, employees who are not members of a trade union have the right to delegate the right to represent their interests to trade union bodies.
Following the speeches, an exchange of views took place on the tasks of trade unions in preventing and resolving conflict situations, the rights and duties of trade union leaders, as well as on the latest changes and trends in labor legislation.
The participants of the meeting showed considerable interest in training and noted the importance of creating an interactive online educational platform for improving the legal culture of trade union members.
Recall: The online marathon started on the initiative of the FTURK on June 21 with a daily coverage of about 100 trade union members from all industries and regions of the country.