Article 12. The procedure for taking into account the views of employee representatives when issuing acts of the employer of the Labor Code of the Republic of Kazakhstan

Home / RLA / Article 12. The procedure for taking into account the views of employee representatives when issuing acts of the employer of the Labor Code of the Republic of Kazakhstan

1. In cases stipulated by agreements and collective agreements, the employer shall issue acts taking into account the opinion of the employees' representatives.

2. The employer submits the draft act of the employer and the justification for it to the employee representatives. If there are several employee representatives, they create a single representative body to take into account the opinion on the acts of the employer, the number of which is proportional to the number of employees they represent.

3. The draft employer's act is discussed by employee representatives no more than five working days from the date of its submission. If employee representatives fail to provide a decision within the time limits established by this Code, the employer has the right to adopt an act without taking into account the opinion.

4. Decisions of employee representatives shall be formalized by a protocol indicating the agreement (disagreement) with the draft act of the employer of employee representatives, and their proposals, if any.

5. If the opinion of the employee representatives does not agree with the draft act of the employer or contains proposals for its amendment, the employer:

1) issues an act with the consent, which has been amended taking into account the proposals of the employee representatives.;

2) in case of disagreement, the Company has the right to hold additional consultations with employee representatives.

6. If there is no agreement on the draft acts of the employer, for the publication of which, in accordance with the agreements, the collective agreement requires taking into account the views of employee representatives, the disagreements that have arisen are formalized by a protocol signed by one representative of the employer and one representative of the employees, after which the employer has the right to adopt the act.

7. If the issued act of the employer contains provisions that violate or worsen the rights and guarantees of employees provided for in this Code, labor, collective agreements, agreements, it may be appealed to the territorial division or to the court.

The footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 02/15/2023 No. 199-VII (effective sixty calendar days after the date of its first official publication).

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Republic of Kazakhstan

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