Strategy of the Federation of Trade Unions of the Republic of Kazakhstan for 2020-2025
«IN UNITY TO JUSTICE AND DEVELOPMENT»
A trade union – (trade union) is a public association with a fixed membership, voluntarily created based on the common labor and industrial and professional interests of citizens to represent and protect the labor and socio-economic rights and interests of its members.
The right of everyone to freedom of association, including association in trade unions, is enshrined in Article 23 of the Constitution of the Republic of Kazakhstan.
The main normative legal acts regulating the activities of trade unions are the Law of the Republic of Kazakhstan «On Trade Unions» of June 27, 2014, the Labor Code of the Republic of Kazakhstan and a number of other laws.
The right of trade unions to represent and protect the social and labor rights and interests of employees is enshrined in Article 16 of the Law of the Republic of Kazakhstan «On Trade Unions».
The Federation of Trade Unions of the Republic of Kazakhstan (hereinafter referred to as the Federation), being the largest public association of the country, one of the most important components of civil society, the most representative trade union association, confirms its loyalty to the policy of protecting the rights and legitimate interests of employees.
The Federation supports further strengthening of the socially oriented state, conducts a constant dialogue with the legislative, executive and judicial branches of government, and associations of employers.
The Federation coordinates the actions of its member organizations – industrial trade unions and territorial trade union associations on the issues of representation and protection of social and labor rights and interests of trade union members, contributes to the provision of legal guarantees of trade union activities at the republican level.
The Federation supports strengthening social and labor relations based on the principles of social partnership with state bodies and employers, building an effective socially oriented economy based on the social responsibility of employers for the development of production, ensuring safe working conditions for employees, and decent wages.
This Strategy was approved at the reporting and election XXVI Congress of the Federation and defines the mission, values, vision, goal and tasks of the Federation for 2020-2025.
Collective protection of professional and social-labor rights and interests of employees.
Labor Man. Our most important value is the Labor Man, for whose benefit a trade union organization has been created and operates.
COLLECTIVE. We are a public organization that operates on the principle of interaction and mutual assistance, solidarity, involvement, mutual understanding, goodwill, interest in the problems and needs of each other and the collective as a whole.
Family. We take care of the families of the trade union members.
Reliability. Our activities are protected by the Constitution of the Republic of Kazakhstan, the Labor code of the Republic of kazakhstan, Law of the RK «On Trade Unions».
We are the largest public organization in the republic, which has many years of experience in various socio-political conditions in the interests of trade union members.
Openness. We are focused on open interaction and cooperation with social partners in the interests of all parties.
We are open to anyone who wants to join our association.
Our activities are transparent, we are accountable to the members of the trade union and controlled by them.
Uniqueness. A trade union is the only legitimate and independent public organization with the rights to represent and protect the social and labor rights and interests of employees who are members of a trade union.
We strive to become an influential and strong organization that protects the rights and interests of employees, acts as a responsible party to social partnership, promotes the implementation of generally recognized international standards in the field of labor and constructively interacts with civil society institutions in the country and trade union organizations abroad.
Currently, there are three republican associations of trade unions in Kazakhstan: the Federation of Trade Unions of the Republic of Kazakhstan, the Confederation of Labour of Kazakhstan and the Commonwealth of Trade Unions of Kazakhstan «Amanat».
According to the Committee on statistics of Ministry of National Economy of the Republic of Kazakhstan, in the third quarter of 2019, the total number of trade union members amounted to 2,967 people or 44.5% of the number of employees, which is more by 11% (272 thousand) compared to the fourth quarter of 2015 (coverage – 39.6%). During the period of statistical observations, the maximum number of trade union members was 3,043 people with coverage of 47.6% (q3 2017), the minimum-1,739 people with coverage of 37.5% (in 2005).
The lowest coverage of the association of workers in trade unions was recorded in Almaty – 32.4 thousand people or 3.7%, although the city ranks first in terms of the number of employees (864 thousand or 13% of the total). The top three in terms of trade union coverage of employees are Kyzylorda (88%), Pavlodar (84%) and Turkestan (71%) regions.
The majority of citizens who are not involved in the trade union movement have a poor understanding of the activities of trade unions, mainly associating them with the state trade union system that operated in Soviet times. Among the members of the trade union, there are also strong associations with the Soviet trade unions, which had the predominant functions of social protection, health care, tourism and recreation of workers.
At the same time, those who position themselves as independent public organizations express the opinion that trade unions in Kazakhstan are completely dependent on state authorities, they are not able to defend the interests of their members to employers, and in general, the legislation of the country is aimed at infringing the freedom of association in order to create a controlled vertical of controlled trade unions.
In addition, Kazakhstan has ratified 28 international conventions in the field of labor, employment and social protection of the population, including 24 – the International Labor Organization (8 fundamental, 4 governance and 12 technical) in order to implement generally recognized standards for the protection of the rights and interests of workers.
Meanwhile, the International Trade Union Confederation’s 2020 Global Rights Index ranks Kazakhstan for the fourth year in a row among the ten worst countries for working men.
In the meantime, the basic principles of activity and legal guarantees of trade unions are enshrined in the Law «On Trade Unions», such as the creation of trade unions on the voluntary initiative of citizens, the prohibition of discrimination based on membership in a trade union, the right to be elected to trade union bodies, and the absence of restrictions on the number of trade unions created in one industry or organization.
The creation of associations or joining existing associations of trade unions is a right, not an obligation of trade unions, trade unions and their associations are independent in their activities and are independent of state bodies, political parties and employers.
Trade unions also have the right to protect the rights and interests of employees in court, during mediation, conciliation and arbitration procedures, to implement public control, to conduct strikes and peaceful assemblies in accordance with the procedure established by legislation.
At the same time, criminal liability is provided for obstruction of the creation and activity of trade unions, interference in their affairs.
In turn, the provision of legal guarantees and social protection of workers according to the Labor Code is implemented within the framework of social partnership between trade unions, employers and the state at the republican, industrial and regional levels, as well as at the enterprise level through the conclusion of general, industrial and regional agreements, collective agreements, nonfulfillment of the terms of which entails administrative punishment.
However, the tasks that social partnership is aimed on, as a rule, are limited to issues of social and labor relations, which narrows the possibilities of trade unions to influence the formation and implementation of state socio-economic policy.
In addition, according to the legislation, the organization of social partnership is assigned to state bodies, the chairmen of the trilateral commissions who are representatives of the state, and their regulations are approved by the commissions themselves.
These circumstances, as well as the prevailing positions of state bodies and employers in practice, the creation of trade unions controlled by the enterprise administration, limit the possibilities of trade unions to defend and promote the interests of employees.
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In 2015-2019, GDP (gross domestic product) in real terms grew by 15.9% (the average annual growth rate is 3%), increasing to 69.5 trillion tenge. However, due to the devaluation of the tenge, the volume of GDP at the official exchange rate for five years decreased from 184.4 billion to 181.7 billion US dollars. At the same time, in 2020, due to the introduction of restrictive quarantine measures aimed at slowing the spread of the COVID-19 coronavirus infection, the economy is predicted to decline for the first time in two decades.
Therefore, during January-July 2020, according to operational data GDP decreased by 2.9%. The decline of production in the service sector was 6.2%, including transport-15.6%, trade-11.9%, administrative services-5.3%, estate transactions-4.3%. The annual inflation rate was 7.1%.
According to the Committee on statistics of Ministry of National Economy of the Republic of Kazakhstan in the second quarter of 2020, the number of unemployed people increased to 454 thousand people, the unemployment rate was 5%, returning to the indicators of 2015. By the end of July, 199.5 thousand people were registered as unemployed in the employment authorities, which is 2 times more than in 2019 and almost 6 times more than in 2015.
At the same time, the number of temporarily unemployed due to suspension of activity or other reasons amounted to 368.5 thousand people, of which 23.1% were employees of trade, 12.3% – education, 8.6% – construction, 8.2% – other services (hair salons, beauty salons, small household services), 8.1% – employees of transport, accommodation and food services.
Also, the number of employees who worked less hours in their main job due to a decrease in the volume of work (part-time) or other reasons, amounted to 339.6 thousand people.
In the second quarter of 2020, the number of employed people was 8.7 million, including employees-6.7 million, individual entrepreneurs-1.5 million, independent workers-538 thousand people.
The average monthly salary of one employee (excluding small businesses) amounted to 212 thousand tenge with an increase of 13.7% in nominal and 6.5% in real terms by the second quarter of 2019, while in 2015 the average salary was 126 thousand tenge.
The minimum wage from 2019 is set at the level of 42.5 thousand tenge (20% of the average salary) without reference to the amount of the subsistence minimum (from April 2020 – 32.7 thousand tenge), while the method of calculating the minimum wage has not been approved. In 2015, the minimum wage was equal to the subsistence minimum and amounted to 21.4 thousand tenge.
At the same time, in 2019, the share of wages in GDP decreased to 30.5% compared to 32.2% in 2015, including in favor of a structural increase in the share of profits of enterprises from 48.8% to 50.9%, which further increased the gap in the distribution of national income.
According to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan, in the first half of 2020, 598 accidents occurred at enterprises, because of which 672 people were injured and 86 people died, which is 4.5% and 32.3% higher than the same period last year.
During the same period, state labor inspectors identified 3,015 violations, including 2,097 in the field of labor relations, 801 in the field of occupational safety and health, and 120 in the field of employment. More than a thousand prescriptions were issued to employers and 500 fines were imposed for 86.7 million tenge.
The main violations of labor legislation in the field of safety and labor protection include failure to ensure safe working conditions, failure to train employees in labor safety and the absence of a service or a responsible person for labor protection.
In 2019, more than 370 thousand employees were employed in harmful and dangerous working conditions, 46% of them in conditions of increased noise and vibration, 33% under the influence of increased gas and dustiness of the working area. 94 thousand people or 5.6% of the number of employees of the surveyed enterprises were engaged in heavy physical labor.
In accordance with the Charter, the highest body of the Federation is the Congress, which is convened at least once in five years. The governing body of the Federation is the General Council, the collegial executive body is the Executive Committee, and the Chairman of the Federation implements executive and administrative functions.
The General Council of the Federation, consisting of 60 people, includes 39 representatives of industrial trade unions, 16-territorial trade union associations, and the leadership of the Federation and the Chairman of the Youth Council. The average age of members of the General Council is 57, the proportion of women is 23%.
Members of the Executive Committee are 17 people, including the heads of 12 industrial trade unions and 1 territorial trade union association, as well as the Chairman of the Federation and his deputies. The average age is 58, the proportion of women is 12%.
In 2015-2019, 14 meetings of the General Council and 61 meetings of the Executive Committee were held, which considered more than 400 issues on the development of social partnership, the development of the General Agreement, organizing republican actions, hearing the heads of member organizations and other issues.
The Federation consists of 17 territorial trade union associations and 23 industrial trade unions, which unite 235 local trade unions and 17.5 thousand primary organizations; there are 381 branches and 42 representative offices of industrial trade unions. In more than 15 thousand primary organizations of the trade union, the Chairmen are not exempt from their main work.
In the beginning of 2020, the number of trade union members included in the structure of the federation was 1,726 people, which is 11% or 219 thousand less than on January 1, 2015.
72% of all trade union members are members of five major industrial trade unions: employees of education and science, health care, mining and metallurgical complex, transport, government, banking institutions and public services. In addition, 10 small industrial trade unions account for 6% from the total number of trade union members.
The Federation and its member organizations participated in the adoption of amendments to the legislation on trade union activities, labor relations, regulation of migration processes, industrial and environmental safety, health care, public service, and the status of a teacher, the development of agriculture, cults and sports. Representatives of the Federation participate on a regular basis in the work of the Interdepartmental Commission on legislative activities.
As part of the work on creating a unified system of legal universal education, a pilot project «Schools of Trade Union Leadership» was launched (jointly with the Center for Social Cooperation and Communications of the «Samruk-Kazyna» Foundation), a specialized master’s program for training trade union personnel was opened at Pavlodar State University, 1,359 seminars were held with covering more than 61 thousand people.
In order to facilitate the employment of the population, the Federation and its member organizations promoted the inclusion of measures to preserve existing and creating new workplaces in agreements at all levels and collective agreements.
The National Qualifications Council under the Government of the Republic of Kazakhstan was established with the participation of trade unions, a Roadmap for the implementation of the National Qualifications System until 2025 was developed, and 36 industrial qualifications frameworks were approved.
In order to ensure safe working conditions, on the initiative of trade unions and with the participation of social partners, the “Safe work” program is being implemented in all regions of the country, which is aimed at reducing the level of occupational injuries, occupational diseases, fatal accidents at work and improving working safety conditions, increasing life expectancy and protecting public health.
Also, together with social partners, the republican campaign “Together we will increase the culture of prevention in the field of labor protection” was held, aimed at developing social responsibility of business, ensuring broad participation of employees in labor protection, attracting public attention to improving working conditions and safety. As a result, the number of established industrial safety and health councils increased to 15 thousand at the beginning of 2020.
For raising the status of technical inspectors on labor protection and exchange of experience, the Federation holds annual republican competitions «The best Technical inspector on Labor Protection of the Federation of Trade Unions of the Republic of Kazakhstan».
The Federation has developed a Roadmap for reducing occupational injuries and workplaces with harmful working conditions in Kazakhstan for 2019-2023, Kazakhstan has joined the initiative of the International Social Security Association to promote the concept of «zero injuries», and work is being done to involve social partners in the World Health Organization project «Healthy Workplaces».
Within the framework of the project «People’s control», aimed at strengthening control over safety and labor protection at the enterprise, people with disabilities who have previously received industrial injuries are involved in public control.
Methodological recommendations on occupational safety and health, a Collection of normative legal acts on occupational safety and health, and Methodological recommendations for the consideration and resolution of collective labor disputes have been issued by the Federation to help trade union members.
For the protection of the rights and interests of employees within the framework of social partnership, general, 22 industrial and 16 regional agreements are being implemented, more than 136 thousand collective agreements have been concluded, covering more than 45% of enterprises and organizations. In this case, the coverage of enterprises in which trade unions of the federation operate is 96% (more than 16 thousand contracts).
In addition, about 138 thousand memorandums on the preservation of workplaces were signed, covering 2.3 million workers across the country.
In order to prevent and resolve labor disputes and conflicts, a joint Action plan of social partners is being implemented, which provides for a step-by-step mechanism for monitoring social tension, rapid exchange of information and a set of preventive measures, as well as a Complex plan for preventing social tension and resolving social and labor conflicts.
For the resolution of individual labour disputes with the use of conciliation procedures Federation signed a Memorandum on mutual cooperation with the Supreme court of the Republic of Kazakhstan, in all territorial trade union associations established reconciliation centers – «Tatulasu ortalygy», which with the involvement of professional mediators, lawyers and trade Union specialists conducted more than 3 thousand mediation procedures.
As part of the republican campaign «Sign an employment contract» with the participation of the Federation and social partners, more than 12 thousand employers in the country have formalized labor relations with 40 thousand employees.
In order to improve the efficiency of the Federation and its member organizations, a systematic policy is being implemented to motivate trade union membership, consolidate and strengthen trade unions, rejuvenate and rotate the staff, and use the experience of the older generation of the trade union movement through the Veterans’ Council of the Federation.
As part of establishing direct relations with labor collectives, Forums of primary trade union organizations were held, in 2019 more than 92 thousand trade union members were trained.
The work with students and working youth, which makes up about 32% of the total number of trade union members, has been significantly intensified. The leaders of the trade union youth councils of member organizations are united in the Republican Youth Council «KELESHEK» of the Federation, whose activities are aimed at protecting the interests of young trade union members, implementing their rights in the field of social and labor relations, education and professional training, and developing the volunteer movement in the ranks of trade union activists.
Important is also a balanced gender policy (women account for 55% of the total number of union members), the coordination of which is engaged in the Commission of working women of the Federation, actively participating in the process of improving legislation and implementing international standards in this area.
The Federation adopted the Concept of international image policy in 2015, within the framework of which cooperation has been established and regular exchange of experience is being conducted with the International Trade Union Confederation, the International Labour Organization, the General Trade Union Confederation and trade unions of 29 foreign countries.
In order to further harmonize national legislation with international standards and norms, the Federation has prepared suggestions on the need to join eight conventions of the International Labour Organization: on No. 47 «Forty-Hour Week Convention», No. 102 «Social Security Convention», No. 117 «Social Policy (Basic Aims and Standards) Convention», No. 131 «Minimum Wage Fixing Convention», No. 154 «Collective Bargaining Convention», No. 160 «Labour Statistics Convention», No. 175 «Part-Time Work Convention», No. 189 «Domestic Workers Convention».
An important issue in the activities of the Federation and its member organizations is the effective management of assets, the structure of which currently consists of 38 legal entities, including 18 management companies of regional buildings, 8 sanatoriums, 4 hotels, 2 camp sites and 6 organizations engaged in other activities. The Federation is the sole founder of 22 of the 38 organizations, and a major shareholder (participant) of the remaining 16.
At the same time, there are significant reserves for strengthening vertical and horizontal ties between trade union organizations, consolidating their tactical goals and tasks, improving the efficiency of implementing decisions of Governing and Executive trade union bodies, bringing trade union bodies closer to local trade union organizations, strengthening internal communication in the Federation system, ensuring transparency of financial flows and forming a resource base of assets, and in general, improving the effectiveness and productiveness of measures taken to protect the rights and interests of employees at all levels of social partnership.
The goal of the Federation in the planned period is to continue the course chosen by trade unions in the struggle for decent work, decent life and social justice.
In order to achieve this goal, the Federation fulfills the following tasks:
- Promotion of the ideology of the trade Union movement. Indicators of the result of this task are the level of public perception of the activities of trade unions, the total country coverage of employees who are members of the trade union, the number of ratified conventions of the International Labor Organization.
- Improving the system of protection of labor and socio-economic rights and interests of employees. An indicator of the result of this task is the level of satisfaction of trade Union members with the activities of trade Union organizations included in the structure of the Federation.
- Coordination of activities of member organizations of the Federation on protection of the rights and interests of employees. Indicators of the result of this task are the level of execution of decisions of the Federation bodies, the level of trust of the member organizations in the activities of the Federation, the level of timeliness and completeness of payment of fees by the member organizations of the Federation, the financial efficiency of managing the assets of the Federation.
The fundamental condition for the development of the trade union movement is unity:
- employees with primary trade union organizations of which they are members;
- primary trade union organizations among themselves in the representation and protection of the rights and interests of employees;
- member organizations among themselves at the industrial, regional and republican levels.
Trade unions are one of the most important forms of self-organization of society in such a field of life as labor. Trade unions have an organizationally interconnected structure, have a system of elected trade Union bodies, the daily activities of which are built under the implementation of the protective function in the field of social and labor relations.
In this regard, the goal of trade unions is the employee, and the main criterion for the effectiveness of realization of this goal is the observance of social and labor rights and professional interests of employees of various industries – members of the trade union.
Therefore, trade union work should be focused on creating conditions for ensuring a decent life, developing the personality of a trade union member, and his social and labor formation.
Thus, in modern conditions, trade unions should become a school of decent life, a school of self-government, a school of developing social potential for workers.
Trade union members collectively «learn to live with dignity» through unionization.
Unfortunately, in the modern conditions of returning to the original trade union function (protective), many trade union members still do not understand the essence of internal changes in trade unions.
The practice of work shows that today it is very important to form and understand a new trade union ideology, the main principles of which are:
- the highest value for the trade union is a trade union member;
- trade union is a school of industrial democracy, school of civil and legal education of employees;
- the union helps employees to make their own lives more dignified and socially protected through the development of mutual support and self-defense skills
The promotion of the new trade union ideology will be implemented through:
- formation of comfortable motivational environment in labor collectives and society;
- formation of a high level of legal culture of trade union personnel, trade union activists and trade union members;
- creation of organizational and statutory conditions in trade unions for the promotion and realization of various socially significant initiatives, including in the social and labor field;
- tolerance, patience to another opinion, ability to conduct collective negotiations, show and find a meaningful compromise in work with employers, social partners;
- organization of work with trade union personnel and assets, based on the formation of key trade union competencies and functional literacy;
- support of innovative ways of development, forms of work, new ways of supporting trade union members.
In modern conditions, it is necessary to position the Federation as an organization:
- solving the socio-economic problems of trade union members and consistently defending the rights of workers at all levels, from local to Republican;
- representing the public opinion of the majority of the working people in the country;
- conducting systematic monitoring on various issues of the social and labor field and providing real assistance to trade union members;
- leading a dialogue with social partners on equal rights and conditions.
The effectiveness of the image of the Federation will be determined by the following generalized criteria of the activity of trade union organizations:
- protection of the rights and interests of employees in relations with employers, support of trade union members in enterprises (organizations);
- resolution of arising labor disputes and conflicts, successful examples of their pretrial settlement, the use of mediation technologies, defending the interests of employees in court;
- conclusion of agreements and collective agreements, creation of production councils, conducting public control over compliance of labor legislation;
- the effectiveness of conducted events aimed at specific target groups, the use of modern methods and tools for their information coverage with an emphasis on simple examples and generally available concepts;
- positive assessments of the activity of the primary trade union organization received from trade union members and elected bodies of higher trade union organizations, trade union activists, and social partners;
- competitiveness of the trade union organization in solving issues of protection of social and labor rights and professional interests of trade union members;
- ability of trade union employees and assets to implement trade union functions efficiently;
- development of professional competence of trade union personnel and assets, readiness of trade union employees to improve their skills;
- authority of the trade union organization, manifested in the trust in it from various social institutions;
- positive evaluations of the activity of the trade union organization by the mass media.
The organizational mechanism to form a new image of the Federation should be a real Strategy and programs of activity of elected trade union bodies at all levels.
The most important directions of forming a new image and popularizing the activities of the Federation should be:
- practical work on ensuring the active participation of trade union members in the activities of primary trade union organizations;
- development of collegiality and transparency in the work of all elected trade union bodies;
- strengthening of Executive discipline, increasing the personal responsibility of trade union personnel and assets for the implementation of collectively adopted decisions;
- certification of trade union personnel, introduction of an electronic registry system for trade union members;
- formation of public opinion in the interests of employees and trade unions, attracting public attention to the problems that trade unions seek to solve, explaining the strategic goals and tasks of the trade union movement, forming a stable positive attitude towards trade unions among the majority of the population;
- dissemination of information about the activities of trade unions, social partnership institutions, the organization and conduct of collective actions, their goals, tasks and results;
- ensuring information communication between different links and levels of the trade union movement, constant awareness of trade union activists about the activities of trade union bodies, about new regulatory legal acts and actions of the Executive power, about the assessment of the socio-political situation from the positions of trade unions, about the best practices of trade union organizations;
- modeling of information waves, creation of information occasions and involvement of public opinion leaders as key speakers;
- informing international organizations in the field of labor and protection of rights of employees, foreign partners trade unions of foreign states about the activities of the Federation and the development of the trade union movement in Kazakhstan;
- further development of the website of the Federation with its subsequent transformation into an internet portal, which is an official source of information and provides information services on the territory of the Republic of Kazakhstan and beyond;
- providing methodological and technical assistance to member organizations in the creation of trade union websites based on the internet portal of the Federation, as the most accessible and effective information resources;
- organization of communication platforms (meetings, «direct lines», interactive and sociological surveys) for the population and representatives of the Federation and its member organizations;
- formation of information culture of member organizations;
- modernization of information and telecommunications infrastructure.
The Federation is considered to play a leading role in building relationships with social partners based on the principles of equality and parity, mutual respect and trust.
At the same time, the Federation will apply existing and implement new forms of cooperation with other republican associations of trade unions to develop and defend a consolidated position of all trade unions to the Government of the Republic of Kazakhstan and republican associations of employers.
In order to increase the effectiveness of social partnership, the Federation will strive to implement high-quality law enforcement practices of the current legislation, as well as promote systematic measures to strengthen the positions and role of trade unions in the following areas:
- ratification of the International Labour Organization conventions on No. 154 «Collective Bargaining Convention», No. 160 «Labour Statistics Convention», No. 168 «Employment Promotion and Protection against Unemployment Convention» and bringing national legislation in accordance with their norms and regulations;
- expanding the scope of application of social partnership to solve the tasks of improving the well-being of the population, reducing inequality in society, developing the economy and supporting employment, and forming civil society;
- improving the status and efficiency of the Republican Trilateral Commission on social partnership and regulation of social and labor relations, industrial and regional trilateral commissions, as well as strengthening interaction between them;
- tightening of responsibility for violation of the requirements of the legislation on the conclusion of General, industrial, regional agreements and collective agreements;
- consideration by the trilateral commissions on social partnership and regulation of social and labor relations regarding the fulfillment of obligations of the parties to agreements and collective agreements;
- consolidation of institutional participation of Republican associations of trade unions and their member organizations in the development and examination of draft normative legal acts affecting the labor and socio-economic rights and interests of employees, as well as in the adoption of decisions by representative and Executive bodies of state power on the regulation of labor relations, relations directly related to labor, socio-economic relations, on the formation and implementation of socio-economic policy of the state;
- development of the Institute of bilateral social dialogue;
- giving trade unions the right of legislative initiative.
The preparation of the annual National report on social and labor relations in the Republic of Kazakhstan will be started together with the social partners.
3.2. Improving the system of protection of labor and socio-economic rights and interests of employees
The Federation and its member organizations implement representation and protection of social, labor, economic and other rights and legitimate interests of employees through active interaction with state bodies and employers at all levels of social partnership.
The Federation consolidates the suggestions and positions of its member organizations in all areas of their activities for further promotion at the republican level, mainly through the signing of the General agreement.
Member organizations, in turn, ensure that industrial and regional agreements comply with the provisions of the General agreement, expand and detail its individual norms, taking into account the specifics of the industry or region.
Eventually, the trade unions included in the structure of the Federation strive to include in collective agreements measures to protect the rights and interests of employees – members of the trade union, including increasing the level of wages, improving working conditions, social protection and other issues.
The Federation monitors the measures taken by member organizations to protect the rights and interests of employees, implement decisions of the Federation bodies, the Republican Commission and the provisions of the General agreement; member organizations of the Federation monitor the activities of their local trade unions and primary trade union organizations.
3.2.1. Improving the wage system
The main goal of actions in this direction is to increase systematically the real wages of employees, the monetary income of the population, and to ensure decent remuneration in accordance with the productivity and quality of labor.
In order to ensure a fair distribution of national income, reduce the gap between the average and median wages in the economy, bring the minimum wage in the sectors of the economy closer to the same indicators in the OECD countries and reduce inequality in society, the actions of the Federation and its member organizations will be aimed at the following measures to improve the wage system in Kazakhstan:
- ratification of the International Labour Organization conventions on No. 131 «Minimum Wage Fixing Convention», No. 132 «Holidays with Pay Convention (Revised) » and bringing national legislation in accordance with their norms and regulations;
- approval of the methodology for determining the minimum wage and the introduction of its annual indexation at a level not lower than the growth of inflation;
- legislative consolidation of the mandatory annual indexation of wages at the enterprise (in the organization);
- expansion of the list of state guarantees and standards of the remuneration system in the legislation;
- definition in the legislation of the concepts of «consumer budget», «living wage», «poverty threshold» with the approval (updating) of methods of their calculation and regulation of application;
- revision of the composition and structure of the consumer basket, taking into account changes in socio-economic conditions;
- increase in the share of basic wages (official salaries, rates) of employees in the structure of wages;
- non-discrimination in remuneration between foreign and domestic employees in the fulfillment of similar works and the same qualifications;
- transition in the system of remuneration of budget sphere employees from the basic official salary to the minimum wage;
- inclusion in the number of recipients of the recovery allowance for annual labor leave in the amount of the official salary of unqualified workers who are on the staff of state institutions and state-owned enterprises;
- obligatory negotiation with trade unions regarding decisions of employers to establish (change) the systems of payment and regulation of labor at enterprises (organizations) within the framework of industrial and regional agreements, collective agreements and acts of the employer;
- preventing the reduction of previously established wages, social benefits and guarantees to employees in the conclusion (renegotiation) of agreements and collective agreements, making changes and additions to them;
- increasing the role of collective agreements and agreements in regulating wage issues.
In order to implement high standards of conditions, occupational safety and health, industrial environmental safety, the Federation and its member organizations will promote the following measures:
- ratification of International Labour Organization conventions on No. 159 «Vocational Rehabilitation and Employment (Disabled Persons) Convention», No. 184 «Safety and Health in Agriculture Convention», No. 189 «Domestic Workers Convention», No. 190 «Violence and Harassment Convention» and bringing national legislation in accordance with their norms and regulations;
- amendments to the legislation providing for the approval of occupational safety and health standards, occupational risk management, increasing the role of examination of working conditions in order to create safe working conditions, development and implementation of safe equipment and technologies;
- widespread implementation of international standards of the occupational health and safety management system and standards of decent working conditions at enterprises (organizations);
- financing of preventive measures by employers aimed at reducing occupational injuries and occupational morbidity, training and comprehensive training of personnel on labor protection issues using modern technologies, improving the legal culture of labor protection;
- introduction of corporate governance guidelines, including the right of representatives of employees to participate in the work of the boards of Directors (Supervisory boards) of multinational companies in the territory of the Republic of Kazakhstan with the definition of issues affecting the interests of employees;
- organizing the participation of trade unions in the decision-making process of employers on the management of the enterprise (organization) and the development of production through the expansion of the powers of the production councils on occupational safety and health;
- improving the status of a technical inspector for labor protection and ensuring conditions for its activities, including the implementation by employers of a monthly additional payment to technical inspectors in the amount determined in agreements, collective agreements or acts of the employer, but not less than the minimum wage, as well as conducting their annual training in specialized educational organizations at the expense of the employer;
- strengthening the powers and responsibilities of state labour inspectors with the transfer of the state labour inspection from the authority of local Executive bodies to the Ministry of Labour and Social Protection of Population of Kazakhstan, as well as ensuring the participation of social partners in activities (including audits) implemented by the state labour inspection;
- development of the system for monitoring the state of labor conditions and safety, including the improvement of statistical reporting;
- improvement of the system for ensuring industrial and environmental safety;
- creating conditions for realization employers to implement the basic rights and guarantees of women, young people and persons with disabilities, including in the framework of agreements and collective agreements;
- protection of the rights of employees of non-standard types of employment;
- development of recommendations to improve indicators of decent work in Kazakhstan.
National decent work programme will be prepared jointly with the social partners and the International Labour Organization.
In order to ensure the rights of employees on social protection, health protection, professional training, retraining and advanced training, the Federation and its member organizations will participate in the modernization of the model of social policy of the state and improve the population’s quality of life through the following measures:
- ratification of the International Labour Organization conventions on No.102 «Social Security (Minimum Standards) Convention» , No. 117 «Social Policy (Basic Aims and Standards) Convention», No. 118 «Equality of Treatment (Social Security) Convention», No. 157 «Maintenance of Social Security Rights Convention» and bringing national legislation in accordance with their norms and regulations;
- preservation of workplaces and support for employment of the population, formalization of labor activity;
- provision of priority employment rights for specialists in Kazakhstan with equal qualifications of candidates;
- creation of new efficient workplaces that provide decent wages, healthy and safe working conditions;
- increasing the prestige of working professions;
- creation of conditions for employment of socially vulnerable categories of the population (youth, disabled people, long-term unemployed citizens, women with young children, etc.) by creating targeted jobs;
- ensuring the protection of employees from non-standard forms of employment (preventing the use of contingent labor and economically unjustified use of outsourcing);
- increasing the term and amount of social benefits in case of loss of work, creating compensation funds for employers to finance retraining of people who have lost their jobs;
- raising the minimum state social standards and norms of social security to the level of similar indicators of the OECD countries, including increasing the level of social protection of low-income citizens;
- expanding the list and scope of social benefits and guarantees for employees of state organizations of health, education, culture, sports and social security, working and living in rural areas;
- providing employees with the social protection provided for by legislation in cases of social risk in compliance with insurance principles, social justice, transparency of financial flows and financial stability of social and health insurance systems, requirements for timely and complete transfer of obligatory deductions and contributions;
- exclusion from the legislation of the limiting amount of social benefits for temporary disability (15 monthly calculation indicators) and its establishment in the amount of the average salary for all categories of employees;
- ensuring a decent level of social protection of employees at the legislative level in case of sudden deterioration of health at the workplace, as well as early retirement of employees engaged in heavy work, work with harmful and (or) dangerous working conditions;
- application of a differentiated approach to compensation by the employer for damage to the health of the employee that caused his temporary disability, depending on the seniority at the enterprise (organization) in the monthly amount of the average salary of the employee (for the last 12 months): 100 percent – with an experience of five years or more; 80 percent – with an experience of three to five years; 60 percent – with an experience of up to three years;
- to ensure payment of one-time compensation by the employer for damage to the employee (to his legal representative) got as a result of an accident at work or the occurrence of an occupational disease in the amount of: tenfold annual wages – in case of death; five – fold annual wages – in case of disability of group 1 or 2; two-fold annual wages-in case of disability of group 3; annual wages – in case of determination of the degree of permanent disability without establishing disability;
- exclusion from the legislation of the restrictive date of January 1, 1998, used for calculating the seniority of work in underground and open-pit mining operations, in works with particularly harmful and particularly difficult working conditions (List No. 1), with harmful and difficult working conditions (List No. 2) when assigning a state special benefit, which must be paid along with pension payments after the recipient reaches retirement age, as well as an increase in the amount of state special benefits in Lists No. 1 and No. 2;
- gradual reduction of the retirement age, starting from 63 to 55 years, from 55 to 50 years, for employees engaged in heavy work, work with harmful and (or) dangerous working conditions, and the amount of savings for concluding a pension annuity agreement;
- increase the amount of payments for compensation of harm to the health of an employee (recourse payments) in proportion to the increase in the average salary at the enterprise (organization) for the corresponding qualification (position), as well as the continuation of their payment after the recipient reaches retirement age;
- development of social entrepreneurship and expansion of social responsibility of business;
- implementation of a set of preventive measures by employers to preserve the life and health of employees (preventive measures; periodic medical examinations and examinations of employees engaged in heavy work, work with harmful and (or) dangerous working conditions; early detection of occupational diseases; introduction of occupational risk management mechanisms);
- prevention of infringement of the rights of victims in the investigation of industrial accidents and occupational diseases;
- implementation of the «Healthy workplaces» program at enterprises (organizations) in order to preserve and strengthen the health and working capacity of employees;
- approval of the list of occupational diseases at the level of normative legal acts;
- strengthening the joint responsibility of employers and employees for health protection, including the creation of conditions for employees to engage in physical culture and sports by employers;
- financing of measures for the organization of recreation, treatment and health protection of budget sphere sector employees by local Executive bodies;
- promotion of professional orientation of the unemployed population in choosing a profession, taking into account professional preferences and the needs of the labor market;
- conducting regular professional training, retraining and advanced training of employees;
- creating conditions for the effective use of the experience and skills of older employees in enterprises (organizations).
In order to warn, prevent and resolve labor disputes and social and labor conflicts, the Federation and its member organizations will participate in taking the following measures:
- ratification of the International Labour Organization conventions on No.158 «Termination of Employment Convention», No. 173 «Protection of Workers’ Claims (Employer’s Insolvency) Convention», No. 175 «Part-Time Work Convention» and bringing national legislation in accordance with their norms and regulations;
- improving the legal literacy of employees through seminars, trainings and consultations on explaining the norms of labor legislation, developing negotiation skills and reaching consensus in social and labor conflicts and disputes;
- improving and simplifying the procedure for resolving social and labor disputes and conflicts;
- providing free legal assistance to trade Union members, including conciliation procedures, pre-trial settlement, mediation, arbitration, judicial protection, defending the rights of employees to employers and state bodies, including on the basis of the centers of reconciliation «Tatulasu ortalygy»;
- making requests to state bodies to bring to justice persons who violate the legislation and do not fulfill their obligations in agreements and collective agreements;
- creating conditions for the free activity of trade unions, reducing social tensions and risks of labor conflicts;
- organization and conduct of strikes and peaceful assemblies in accordance with the procedure established by legislation to make demands for the protection of the rights and interests of employees;
- protection of the rights of employees to get monetary compensation in case of economic insolvency (bankruptcy) of the employer;
- ensuring the compliance of employees with the rules of internal labor regulations and labor discipline.
3.2.5. Public control
Trade unions will implement multi-level public control and monitoring of regulatory legal acts and processes of their execution in the field of labor relations and social security on the following issues:
- timely payment in the full amount of wages, social, pension and other mandatory deductions in favor of (for) the employee by employers;
- working conditions created for employees, requirements of labor protection, industrial and environmental safety;
- prevention of industrial injuries and occupational diseases;
- certification of production facilities;
- investigation of accidents on production;
- appointments and payments of social benefits;
- ensuring employment of the population;
- attracting foreign labor force;
- accessibility of health and education systems.
In this regard, the Federation and its member organizations should:
- develop the Institute of public health and safety inspectors: improve their status, qualifications and representation in enterprises;
- work to expand the powers of trade unions in public monitoring through agreements and collective agreements;
- participate in public monitoring of the quality of public services in the field of labor and social protection of the population;
- ensure the work of public reception rooms, «hotlines» and interactive internet resources for appeals of citizens and analysis of problems of industries and the region;
- have representatives in the composition of collegial and Advisory bodies and commissions under the central and local Executive bodies;
- expand the possibilities of public control by nominating their leaders to maslikhats and local public councils;
- interact and , if possible, consolidate the work of other public organizations (political parties, non-governmental organizations, public activists) in the implementation of public control in the field of labor relations;
- cooperate with legislative structures in strengthening the regulatory basis for the implementation of public control and monitoring (including the development of the Law «On Public monitoring»).
3.3. Coordination of activities of member organizations of the Federation to protect the rights and interests of employees
According to the Law of the Republic of Kazakhstan «On Trade unions», membership of trade unions and their associations in higher trade union structures is voluntary and is considered as the implementation of their right to freedom of association.
At the same time, being within the same system, an important aspect of joint activities is to strengthen the unity of goals, areas of work and tools used in the coordination of the General Council and the Executive Committee of the Federation.
The main priorities for improving the efficiency of the management system of the Federation are strengthening the role of member organizations, harmonizing their charters and program documents, as well as ensuring the financial stability of the activities of trade union organizations.
3.3.1. Concepts of the work of the Federation bodies
The composition of the General Council is formed on a basis of proportional representation of industrial trade unions and equal representation of territorial unions, which ensures the adoption of coordinated decisions on strategic issues of the Federation’s activities based on the principle of democracy.
The Executive Committee formed on a rotating basis as part of an equal representation of industrial trade unions that paying membership fees on time and in full, is empowered to elect the Chairmen of territorial trade union associations, implementing the right of industrial trade unions to participate in the management of regional trade union structures.
Decisions of the governing and Executive bodies of the Federation, collectively adopted by authorized representatives of member organizations, should be aimed at achieving common goals, not infringe on the interests of individual member organizations and at the same time mandatory for execution.
3.3.2. Interaction with member organizations
Industrial trade unions and territorial trade union associations included in the Federation are its equal participants, voluntarily united at the republican level, and in their activities are guided by the decisions of the Federation bodies, including the Charter, this Strategy, other program and internal regulatory documents of the Federation.
The Federation coordinates the activities of member organizations by:
- consolidation of the common position of member organizations on the protection of the rights and interests of trade union members, socio-economic policy carried out by the state;
- development and definition of the main activities of its member organizations, mechanisms of horizontal and vertical interaction of trade union structures;
- provision of information and analytical, expert, legal and methodological support;
- representation and protection of the rights and interests of its member organizations in interaction with social partners at the republican level;
- assistance to its member organizations in establishing contacts with foreign and international trade unions, and other organizations working in the field of protection of rights and freedoms of workers.
The Congress, the General Council and the Executive Committee of the Federation ensure the accountability of the leadership of the Federation to its member organizations, local trade unions, primary trade union organizations and trade union members through the implementation of control.
Member organizations of the Federation, adhering to the principles of openness and transparency of their activities, provide:
- implementation of decisions taken by the Federation bodies;
- informing the Federation about its activities and the activities of local trade unions and primary trade union organizations included in them;
- promotion of positions agreed within the Federation in cooperation with social partners at the industrial and regional levels, taking into account the specifics of a particular industry and region;
- interaction with each other in order to consolidate joint efforts to fulfill the common tasks of the Federation while respecting mutual interests of each other.
Improvement of the efficiency of the activities of the Federation, its member organizations and organizational structures for the protection of labor and socio-economic rights and interests of trade union members requires the implementation of measures to strengthen the organization and ensure the unity of actions of trade union organizations.
The Federation is based on strong, organizationally unified industrial trade unions and territorial trade union associations that have a wide network of primary trade union organizations and local trade unions, influential organizational structures at the republican and regional levels, and a strong human resource potential of the trade union asset.
Territorial trade union associations represent the interests of the Federation and its member organizations in the regions, coordinate actions with the organizational structures of industrial trade unions, contribute to the creation and development of primary trade union organizations, the prevention and resolution of collective labor disputes, and the development of social partnership.
The unity of the goals and tasks of the industrial and regional structures of the Federation determines the partnership nature of their interaction, their interest in the qualitative development of all forms of trade union work.
The main principles of the organizational activity of trade unions are solidarity and unity of action of all trade union bodies, organizations and members of the trade union.
Only strong, united by the Federation, organizationally cohesive trade unions with an optimal structure, combining experienced leaders and young cadres in the composition of the governing bodies, are able to provide effective protection of the rights and interests of employees, to achieve the social orientation of the ongoing economic transformations, to defend trade union rights.
The main directions in the work on organizational strengthening of trade unions are further consolidation of the trade union movement under the auspices of the Federation, strengthening the role of industrial trade unions and their primary organizations, strengthening the motivation of trade union membership and improving personnel policy.
In order to do this, it is necessary to:
- develop a set of measures aimed at further strengthening the unity and solidarity of the trade union movement, to expand the interaction of the member organizations of the Federation in solving issues of trade union activity and to strengthen the role of the Federation in providing organizational, methodological and advisory assistance to industrial trade unions and territorial trade union associations;
- ensure strict and unconditional compliance by member organizations with the norms of the Federation Charter and the decisions taken by the collegial bodies of the Federation;
- strengthen internal trade union discipline, ensure collegiality and transparency in the work of elected bodies of trade union organizations;
- increase the personal responsibility of the heads of trade union organizations for compliance with statutory requirements, implementation of decisions of elected collegial bodies, compliance with the principles of organizational unity;
- respond promptly and actively to the actions of employers on restricting the activities of trade unions, attempts to create a «non-union environment », to limit the labor rights of trade union members and to evade the obligations assumed in collective agreements;
- solve the issues of redistribution of powers, elimination of unnecessary, unclaimed forms of work in the new conditions, optimization and reduction of document flow, automation of individual functions, taking into account advanced technologies in order to concentrate the efforts of trade union employees and assets on the implementation of the main activities of trade unions;
- promote the active and conscious participation of trade union members in the activities of trade union elected bodies;
- strengthen the trade union movement by attracting new members, increasing its authority and influence in society;
- establish new primary trade union organizations at enterprises (organizations), including in small businesses;
- continue to improve the structure of trade union organizations by optimizing, combining and consolidating it;
- provide implementation of the personnel policy aimed at improving the professionalism of trade union personnel and assets, the formation of an effective reserve of heads of elected trade union organizations at all levels;
- ensure the promotion of youth in trade union bodies, strengthen the influence of youth structures on the formation of trade union policy and decision-making, including through the youth councils of the Federation, member organizations and trade union associations;
- maintain continuity in the activities of the leaders of trade union organizations, develop additional measures for the social protection of trade union employees, including those who have reached retirement age;
- ensure continuity, a rational combination of experienced and young personnel. When nominating candidates for governing bodies, take into account their business, professional qualities and organizational abilities, the opinion of labor collectives;
- improve the system of training, improving the level of knowledge and qualifications of trade union personnel and activists, including newly elected chairmen of trade union committees, as well as the reserve for elected positions in trade union organizations.
Special projects will also be implemented for the development of human capital, socialization of working youth, education of physical culture and a healthy lifestyle.
New concepts on youth and gender policy of the Federation will be adopted.
3.3.4. Financial policy and assets management
Strengthening the financial base is a necessary condition for creating strong trade unions that can protect the economic and social rights and interests of workers effectively.
The main directions and tasks of the Federation for financial policy and asset management are:
- implementation of a unified financial policy in the Federation, increasing the level of executive discipline in issues of financial support for statutory activities, financial reporting and personal responsibility of heads of trade union organizations for the implementation of financial obligations and decisions of higher trade union bodies;
- implementation of the norms of the Federation Charter and decisions of higher trade union bodies on financial issues, collection of trade union membership fees in the established amounts, their targeted expenditure in accordance with approved estimates;
- activation of the work of the audit commissions of trade union bodies, systematic monitoring of the completeness of payment, timely and full transfer and legal expenditure of trade union membership fees, compliance with financial discipline;
- improving the economic independence of the Federation and its member organizations, the financial stability of organizations created on the basis of the property of the Federation;
- ensuring the safety of trade union property, inviolability and protection of property rights of the Federation and its member organizations;
- improving the efficiency of the use of membership fees by trade union organizations, ensuring targeted and rational disposal of funds and property;
- improvement of the management system of trade union property and funds in order to obtain additional funds and sources for financing the statutory activities of the Federation;
- implementation of the financial reporting system;
- ensuring effective control and financial audit of the use of the Federation’s assets;
- ensuring the participation of member organizations in the management of the Federation’s assets;
- effective corporate management of organizations, share fractions (participation) owned by the Federation.
The implementation of these directions will require significant investments and the creation of transparent mechanisms for their use, the interested participation of each trade union member and trade union organization. For this purpose, the Program of Corporate Governance and Development of the Federation’s assets for 2021-2025 will be developed.
3.3.5. International cooperation
The Federation and its member organizations, being an integral part of the international trade union movement, confirm their commitment to the basic principles, goals and tasks of the international trade union community, support strengthening the unity of trade unions in Kazakhstan and active cooperation with the International Labor Organization, international trade union organizations and foreign national trade union centers on the basis of the principles of trade union solidarity, equal and mutually beneficial cooperation, mutual respect of national interests.
In order to implement successful activities on the protection of labor rights and socio-economic interests of employees, the Federation will promote the strengthening of international solidarity, close cooperation with national and international trade unions in the following areas:
- cooperation with the International Labour Organization to study trends in the global sphere of work, use its scientific and practical potential and experience, and promote the development and implementation of international labour norms and standards in the field of social and labour relations;
- development of cooperation with organizations of the United Nations Organization and other international organizations;
- strengthening cooperation with international industrial and regional trade unions;
- taking measures to renew the membership of the Federation in the International Trade Union Confederation and the General Trade Union Confederation;
- active use of international relations to improve the qualifications of trade union personnel and activists, conduct joint seminars and conferences, generalize and disseminate positive international experience;
- implementation of the cooperation programmes of the Federation with the Bureau for Eastern Europe and Central Asia and the Bureau for Workers ‘ Activities of the International Labour Organization;
- realization of the exchange of experience and ensuring the implementation of best practices of trade unions in the work of the Federation and member organizations;
- spreading the ideas of the world trade union movement within the country and improving the image of the Federation in the international arena;
- help member organizations to establish contacts with international trade unions and other organizations;
- promotion of international initiatives on decent work, elimination of unemployment and poverty, ensuring equal labor rights and opportunities without any discrimination;
- ensuring that the foreign trade union community is widely informed about the activities of the Federation and its member organizations, using modern means of communication and Internet resources for this purpose.
In order to implement the Strategy effectively, a detailed action plan will be developed with the definition of responsible performers and deadlines for implementation, with its annual updating.
Monitoring of the implementation of the Action Plan will be implemented on a quarterly basis, with the results of the work being heard at meetings of the Executive Committee.
Summary information on the implementation of the Strategy will be submitted annually to the General Council for consideration, highlighting the results achieved, problematic issues and proposals for further work.
Program documents of member organizations (if any) should be aimed at implementing the Strategy, taking into account the regional and industrial characteristics of their activities.
For the practical implementation of the Strategy, the Federation will organize:
- constructive interaction with public authorities and management at all levels, associations employers;
- active participation in the work of the Republican Trilateral Commission on Social Partnership, as well as industrial and regional trilateral commissions;
- strengthening the control of trade unions over compliance with labor legislation and labor protection, other trade union activities aimed at improving the protection of trade union members;
- clarification of the position of the Federation on the protection of labor and socio-economic rights and interests of trade union members;
- expanding the motivation of trade union membership in all sectors of the economy;
- strengthening the influence of trade union media.
The basis of financial support for the activities of the Federation and member organizations are trade union membership fees, voluntary contributions and donations, as well as other income not prohibited by law, including dividends and income from asset management.
In order to increase the transparency of the formation and use of financial resources, the consolidated system of budgeting and financial reporting in the Federation and member organizations will be improved.
The current and new internal regulatory documents of the Federation will be updated and developed, regulating the issues of remuneration, material incentives and social payments, reimbursement of expenses related to official business trips, payment and accounting of membership fees, rationing of expenses, making fees and payments, powers and functions of control and audit bodies, use of funds and property of the Federation and member organizations.
This Strategy is the basis for the activities of the Federation, its member organizations, local trade unions, and primary trade union organizations to implement measures to protect the social and labor rights and interests of trade union members, and to improve trade union activities.
Unity of trade union members, development of democratic procedures, promotion of the principles of social justice, coordination of actions of trade union organizations, centralization of resources are the key directions of development of the Federation of Trade Unions of the Republic of Kazakhstan.