The Federation of Trade Unions held a meeting of the FTURK Expert Council dedicated to discussing issues of improving labor legislation.
The Federation of Trade Unions has approved a new composition of the Expert Council, which includes members of Parliament, reputable scientists, prominent government and public figures with extensive professional experience in the development of social and labor relations and the protection of labor rights of citizens:
Deputy of the Majilis of the Parliament of the Republic of Kazakhstan, Doctor of Law Bekzhanov Berik Aidarbekovich, Deputy of the Majilis of the Parliament of the Republic of Kazakhstan Smirnova Irina Vladimirovna, Deputy of the Majilis of the Parliament of the Republic of Kazakhstan, Candidate of Psychological Sciences, PhD Smyshlyaeva Ekaterina Vasilyevna, Deputy Chairman of the National Commission for Women and Family and Demographic Policy under the President of the Republic of Kazakhstan Tarasenko Elena Ivanovna, Associate Professor of the Department of International Law of the Faculty of International Relations of Al-Farabi Kazakh National University, Candidate of Law Gileva Natalia Vasilyevna, Associate Professor of the Department of Civil Law and Civil Procedure Law KAZGUU, Candidate of Law, PhD Nadirova Ainur Kuanyshbekovna, Director of the Research Institute for the Protection of Human Rights at Al-Farabi Kazakh National University, Candidate of Law. Tugel Anuar Kurmanbayuly, Head of the Center for Labor and Social Law, Assistant Professor M.Narikbayev KAZGUU University, PhD Hasenov Muslim Khanatovich, Director of the Kazakh Research Institute of Labor, Doctor of Economics, Professor Bereshev Serikzhan Khamitovich, Chairman of the Board of the NAO “Kazakh Agrotechnical University named after S. Seifullin”, Doctor of Economics. Aituganov Kairat Kaparovich, President of JSC “Center for Human Resources Development” Argandykov Daulet Rashidovich, Director of LLP “Center for Research, Analysis and Evaluation of Efficiency” Kenzhebulat Saruar Kenzhebulatovich, Deputy Chairman of the Federation of Trade Unions of the Republic of Kazakhstan Uteshev Nurlan Suleimenovich, journalist, member of the Union of Journalists of the Republic of Kazakhstan Gusev Oleg Ivanovich, chairman of the Youth Council “Keleshek” at FTURK Khamitzhanova Daria Khamitzhanovna.
Opening the meeting, Chairman of the Federation of Trade Unions of the Republic of Kazakhstan Satybaldy Dauletalin noted the importance of developing effective mechanisms to promote the interests of workers.
“Today, the Federation of Trade Unions compares its steps with the real needs and needs of an ordinary worker. The analysis of the situation in the sphere of social and labor relations, meetings with labor collectives show the existence of a number of problems that are of a national scale. It is important for us to hear the voice of the expert community and develop mutually agreed positions on further improvement of legislation affecting the interests of workers,” stressed Satybaldy Dauletalin.
He called on the members of the Expert Council to openly discuss current social and labor problems.
During the meeting, the members of the Expert Council considered a number of organizational issues.
Deputy of the Mazhilis of the Parliament Ekaterina Smyshlyaeva was elected Chairman of the Expert Council of the FTURK. Daria Khamitzhanova, Chairman of the Keleshek Youth Council at the FTURK, was appointed Secretary of the Council.
Along with this, the meeting participants approved the Plan of thematic meetings of the Expert Council for the 1st half of 2022.
Deputy Chairman of the FRURK Gulnara Zhumageldieva presented to the participants an overview of the activities of the Federation of Trade Unions in the field of drafting regulatory legal acts.
“The Federation of Trade Unions actively participated in the working group of the Majilis of the Parliament of the Republic of Kazakhstan on consideration of draft laws on improving the legal regulation of remote work, on social protection of certain categories of citizens, etc. Also, the Federation is currently taking part in the meetings of the working group to discuss the draft Law of the Republic of Kazakhstan “On Public Control,” Gulnara Zhumageldieva said.
She also dwelled on the proposals of the FTURK to the draft Social Code concerning the expansion of social protection of workers’ rights.
“Representatives of the FTURK also actively participate in the working group of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan to discuss the draft Social Code. The Federation has prepared proposals on the need to consolidate minimum state social standards; to provide emergency social assistance to citizens; assistance in providing housing for young workers and their families; development of financial assistance programs for moving and settling a young worker and his family at a new place of work and other issues,” the Deputy Chairman of the FTURK noted.
Gulnara Zhumageldiyeva stressed that currently there are 2 working groups under the Federation of Trade Unions that are working on amendments to the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On Trade Unions”.
Deputy of the Mazhilis of the Parliament Ekaterina Smyshlyaeva in her speech focused on the issues of the activities of the Expert Council and listed a number of urgent tasks for the coming period.
“We have a very competent composition of the Expert Council, which has vast experience and scientific potential. The Federation of Trade Unions today has real cases from the life of collectives,” Ekaterina Smyshlyaeva stressed.
According to her, the Expert Council is invited to discuss such issues as informal employment, regulation of platform employment (digital labor), strengthening the role of trade unions, as well as optimizing the procedure for strikes, a personal approach to regulating labor relations in certain industries, etc.
It is expected that the draft “Social Code” and other legislative acts will also be discussed within the Expert Council.
The members of the Expert Council, in turn, expressed their suggestions for planning further work.
Deputy of the Mazhilis of the Parliament Berik Bekzhanov noted that the Federation of Trade Unions is taking important steps to improve labor legislation for workers.
Along with the issues of improving legislation, he proposed to take into consideration the issues of judicial practice in labor disputes, in terms of the application of labor legislation by the courts.
Within the framework of the memorandum with the Supreme Court, the deputy considers it necessary to consider the possibility of the Federation of Trade Unions acting as an expert when considering individual labor disputes by the courts. According to him, this will increase the role of the Federation of Trade Unions in protecting the labor rights of citizens.
Anuar Tugel, Director of the Research Institute for the Protection of Human Rights at the Al-Farabi Kazakh National University, focused on some issues of protecting the rights of employees from the point of view of legal practice.
“The current Labor Code has been developed in the interests of the employer and in many ways infringes on the rights of employees. Representatives of the legal community made a number of proposals to improve the system of protection of labor rights of citizens. These proposals will be submitted for discussion by the FTURK Expert Council,” Anuar Tugel said.
The Chairman of the Federation of Trade Unions expressed solidarity with the speaker, noting the low level of real compliance by the employer with the provisions of labor legislation in the field of ensuring the rights of employees.
“Unfortunately, today we have to state that the employer does not ensure the full implementation of the provisions of the Labor Code. Due to restrictions on the labor rights of workers, they often solve their economic problems. And we have repeatedly talked about this. There are many extreme forms of ignoring it. And the evidence of this is labor conflicts. To date, the FTURK has registered 73 conflicts, the main reasons for which were the need to improve the remuneration system and improve working conditions. We must turn the labor legislation to face the Man of Labor,” says Satybaldy Dauletalin.
Associate Professor of the Department of Civil Law and Civil Procedure Law of KAZGUU Ainur Nadirova noted the effectiveness of the Federation of Trade Unions in the field of improving labor legislation.
According to her, at the initiative of the Federation of Trade Unions, additions and clarifying amendments have been made to some norms of the current Labor Code, which are correct and understandable in application today.
Muslim Khasenov, Head of the Center for Labor and Social Law, Assistant Professor at the M.Narikbayev KAZGUU university, noted that the positions developed by the Expert Council of the FTURK can serve as an aid in law enforcement practice.
“Kazakhstan has adopted amendments to the Civil Procedure Code aimed at legalizing judicial precedent. According to the new rules, the court has the right to refer to the legal position of a higher instance set out in the decision when considering homogeneous cases. Our task is to formulate legal positions on behalf of the Expert Community and submit them to the Supreme Court for discussion. Courts can use these positions in the administration of justice,” Muslim Khasenov believes.
Director of the Kazakh Research Institute of Labor Serikzhan Bereshev proposed to include in the agenda the norms of the Labor Code that do not have their practical implementation.
“There are some issues in the Labor Code that need to be clearly explained and proposed for discussion to the Majilis of the Parliament. For example, who should develop a system of remuneration at enterprises? The Code states that this issue is regulated either by a collective agreement or an act of the employer. However, in almost all enterprises, the remuneration system is developed by an act of the employer,” Serikzhan Bereshev stressed.
He also considers it necessary to consider the issues of industry agreements.
“There are a number of disagreements in various industry agreements. The Federation of Trade Unions needs to make an analysis of the state of all industry agreements, on the basis of which it is necessary to propose measures to social partners to establish increasing coefficients for workers employed in harmful working conditions,” the expert believes.
In his speech, Daulet Argandykov, President of the Center for Human Resources Development JSC, expressed readiness to support the work of the Expert Council in terms of analytical work.
“The Center for Workforce Development has released a National Report on the Labor Market. It contains the challenges and trends that exist today. The Expert Council could use the materials of the report during discussions of topical issues on the agenda,” said Daulet Argandykov.
Following the meeting, the Chairman of the FTURK Satybaldy Dauletalin thanked the members of the Expert Council for the opinions and suggestions voiced.
“I am sure that the work of the Expert Council will make a significant contribution to the development of effective standards for improving social and labor relations and ensuring decent working conditions for employees. Everything we do with you is subordinated to the main goal: improving the welfare of workers,” said the Chairman of the Federation of Trade Unions.
Media Center of the Federation of Trade Unions of the Republic of Kazakhstan