In the context of globalization of labour relations, the leading States are intensifying their participation in the processes of securing the rights and freedoms of workers by ratifying the Convention adopted by the International labour organization (ILO).
To date, Kazakhstan has ratified 24 ILO conventions out of 189 existing ones, 8 of which are fundamental. For comparison, the CIS countries have the following indicators of implementation of ILO conventions: Russia — 75, Ukraine — 71, Kyrgyzstan — 53, Tajikistan — 50, Belarus — 49, Armenia 29.
One of the evidence of the successful implementation of the cooperation Program between Kazakhstan and the ILO is the success of Kazakhstan in bringing the national legislation in line with international standards in the field of labor and strengthening the position of Kazakhstan in this international organization.
As you know, Kazakhstan adopted a number of strategic documents aimed at creating a welfare society on the basis of a strong state, a developed economy, Kazakhstan’s entry into the top thirty developed countries of the world. This, in particular, meets the direct challenges of the Fourth industrial revolution and its impact on the labor market.
Among the existing ILO conventions affecting the essential rights and interests of workers, the Federation of trade unions of the Republic of Kazakhstan proposes to join the five international labour standards:
No. 1. Convention 102 on minimum standards of social security. The 1952 Convention on minimum standards of social security (No. 102) introduced, for the first time, nine types of daily risks that should be covered by the social security system. We are talking about medical care, providing for sickness, unemployment, old age, in connection with accident on manufacture and occupational disease, family support, ensuring maternity, disability and loss of breadwinner.
Convention No. 102 is the main international instrument that contains the basic set of principles and criteria on the basis of which integrated national social security systems should be built, operated and developed.
No. 2. Convention 131 on the establishment of a minimum wage with special regard to developing countries»
Convention No. 131 States that the minimum wage must be established, on the one hand, taking into account the interests of workers as well as their families, and on the other hand, taking into account the interests of economic development. It is the socio-economic situation of the country that ultimately determines the criteria for establishing a minimum level of basic living needs of workers.
International legal instruments do not directly address the vital needs necessary to maintain a decent standard of living. Unlike the acts of the International labour organization, the list of the latter contains the universal Declaration of human rights of 1948, adopted by the UN General Assembly.
The international Covenant of 16.12.1966 on economic, social and cultural rights enshrines the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
No. 3. Convention 154 on the promotion of collective bargaining»
The requirements of the Convention correspond to the norms of the Labor code of the Republic of Kazakhstan (hereinafter – the Code), which enables the parties to social partnership in collective bargaining to apply the rules of the Code.
Chapter 3 of the Code “Social partnership at work” defines the basic concepts and a set of measures for the development of social partnership, including the basic principles of relations between the parties of social partnership, the levels of social partnership, its forms and responsibilities of the parties.
The code also specifies that the parties of social partnership are workers and employers in the person authorized in the prescribed manner the representatives. The code also provides for collective bargaining.
The analysis of the compliance of the legislation of the Republic of Kazakhstan with the provisions of the Convention shows that the provisions and requirements of the Convention are fully implemented in the Kazakh legislation in the field of collective bargaining.
No. 4. Convention 175 “Of the work on conditions of incomplete working time”.
The Convention adopted for the politics of employment account for the role work on a part-time job in the creation of additional employment opportunities, and the need to ensure the protection of workers, part-time employment, in such areas as access to employment, working conditions and social security.
Conditions of part – time work are provided for in article 70 Of the labor code of the Republic of Kazakhstan, according to which part-time work does not entail restrictions for the employee in
the duration of paid annual leave, calculation of seniority and other rights in the field of labor, established by the Code, labor, collective agreements, agreements.
The Convention consists of 19 articles and provides for part-time workers with the right to collective bargaining, occupational safety and health, annual paid leave or paid holidays, etc.
Accession to the Convention will contribute to the creation of a more effective mechanism for ensuring and protecting the rights and interests of citizens working part-time.
No. 5. Сonvention 184 on safety and health at work in agriculture.
The Convention provides that the ratifying state shall promote the continuous improvement of occupational safety and health in order to prevent industrial injuries, occupational diseases and deaths in agriculture. The safety and hygiene system includes:
* normative legal acts, collective agreements and other relevant acts on occupational safety and health;
* activities of the authority or Agency responsible for occupational safety and health;
* mechanisms to ensure compliance with national laws and regulations, including inspection systems;
* measures to ensure cooperation at the enterprise level between management, employees and their representatives as a key element of prevention in the workplace.
According to the Federation of trade unions of Kazakhstan, the ratification of the above ILO conventions will contribute to the improvement of labor and social legislation of the Republic of Kazakhstan, increase the legal protection and guarantees of workers of all categories.
Taking into account these factors, the Federation of trade unions of Kazakhstan sent a letter to the Government of Kazakhstan on the need to start procedural actions for the ratification of the above ILO conventions in accordance with the provisions of the Law “on international treaties of the Republic of Kazakhstan”.