Article 159. The procedure for considering an individual labor dispute The Labor Code of the Republic of Kazakhstan

Home / RLA / Article 159. The procedure for considering an individual labor dispute The Labor Code of the Republic of Kazakhstan

1. Individual labor disputes are considered by conciliation commissions, with the exception of disputes arising between an employer and an employee of a microenterprise entity, a non-profit organization with no more than fifteen employees, a domestic worker, the sole executive body of a legal entity, the head of the executive body of a legal entity, as well as other members of the collegial executive body of a legal entity, and on unresolved issues or non-compliance decisions of the conciliation commission are made by the courts.

The requirement to establish a conciliation commission to consider individual labor disputes in accordance with the procedure established by this Code does not apply to certain categories of employees whose work is regulated by the Labor Code of the Republic of Kazakhstan with the specifics provided for by special laws and other regulatory legal acts of the Republic of Kazakhstan, including those in military service, employees of special state and law enforcement agencies, civil protection agencies and civil servants.

2. The Conciliation Commission is a permanent body established in the organization on a parity basis from an equal number of representatives from the employer and representatives of employees.

The collective agreement may provide for the creation of conciliation commissions in branches, representative offices and other separate structural divisions of the organization.

3. The procedure for the formation and activities of the conciliation commission shall be determined by an agreement on the work of the conciliation commission, which is concluded between the employer and employee representatives, or a collective agreement.

The agreement on the work of the conciliation commission or the collective agreement must contain provisions on the number of members of the conciliation commission, the procedure for electing the chairman and secretary from among the members of the conciliation commission, the procedure for submitting an application to the conciliation commission, the procedure and rules of procedure of the conciliation commission, the procedure for making a decision by the conciliation commission and its content, the term of office of the members of the conciliation commission, the provision of guarantees its members and other issues related to the organization of the work of the conciliation commission.

It is allowed to hold a meeting of the conciliation commission using information and communication technologies. In this case, the participation of members of the conciliation commission and other persons is confirmed by an electronic digital signature or other electronic means with authorization, identification and retention by the employer of the record of the meeting.

4. An application submitted to the conciliation commission is subject to mandatory registration by the said commission on the day of filing.

The dispute is considered in the presence of the applicant and (or) his authorized representative within the limits of the powers delegated to him in accordance with the regulatory legal acts of the Republic of Kazakhstan. It is allowed to consider the dispute without the participation of the applicant with his written consent.

The applicant has the right, prior to the decision of the conciliation commission, to withdraw the previously submitted application by notifying the secretary of the commission in writing of the withdrawal of the application.

A person who has previously been in an employment relationship has the right to delegate in writing the right to represent his interests in the conciliation commission to trade union bodies, elected representatives of employees.

4-1. An individual labor dispute to which an employee, including one who was previously in an employment relationship, provides (rendered) assistance in combating corruption in an organization by informing the superior head and (or) the management of this organization is considered with the mandatory invitation of a representative of the authorized body for combating corruption in accordance with the procedure established by this article, taking into account the specifics established by the Law of the Republic of Kazakhstan "On Combating Corruption", and ensuring confidentiality in the presence of an agreement on non-disclosure of information on assistance in combating corruption, concluded in accordance with the procedure established by the legislation of the Republic of Kazakhstan on combating corruption.

The invitation of a representative of the authorized anti-corruption body is made by sending the organization specified in part one of this paragraph a notification and relevant materials related to the labor dispute to the authorized anti-corruption body, indicating the place and time of consideration of the labor dispute no later than three working days prior to its consideration.

If a representative of the authorized anti-corruption body fails to appear for consideration of a labor dispute, a meeting of the conciliation commission shall be held without his participation in accordance with the procedure established by this article, taking into account the specifics established by the Law of the Republic of Kazakhstan "On Combating Corruption".

The requirements of parts one, two and three of this paragraph are valid for three years from the date on which the authorized state bodies receive an employee's notification of a corruption offense or from the moment they provide other assistance in combating corruption.

If the head of the organization receives a notification from the authorized anti-corruption body about the need to consider an individual labor dispute between an employee, including those who previously had an employment relationship and assisted in combating corruption, and the employer, the employer is obliged to take measures to consider this dispute in accordance with the procedure defined by this article, taking into account the specifics established by the Law of the Republic of Kazakhstan "On combating corruption."

5. The Conciliation Commission is obliged to consider the dispute within fifteen working days from the date of registration of the application and provide the parties to the dispute with copies of the decision within three working days from the date of its adoption.

The Conciliation Commission is headed by a chairman, who is elected by the members of the commission from among the representatives of the employer and representatives of employees on a rotating basis with a frequency of at least once every two years.

The meeting and the decision of the conciliation commission are valid if, when considering an individual labor dispute, an equal number of members of the conciliation commission from representatives of the employer and representatives of employees were present at the meeting. Each member of the conciliation commission has one vote in the voting.

The decision must be motivated, stated in writing and signed by the chairman and secretary of the conciliation commission.

The members of the conciliation commission are relieved of their work duties for the duration of the consideration of an individual labor dispute with the retention of wages.

6. The decision of the conciliation commission is subject to execution within the time period established by it, which may not exceed one month from the date of the decision of the conciliation commission, with the exception of a dispute about reinstatement.

The amounts payable by the employer by the decision of the conciliation commission shall be paid to the applicant no later than the deadline set for payment of wages the following month after the decision of the conciliation commission.

7. In case of non-fulfillment of the decision of the conciliation commission within the time limit set by it or non-settlement of issues, the employee or a person who previously had an employment relationship, or the employer has the right to apply to the court.

8. The members of the conciliation commission are required to undergo annual training on the application of the labor legislation of the Republic of Kazakhstan, the development of negotiation skills and consensus building in labor disputes.

The Labor Code of the Republic of Kazakhstan dated November 23, 2015

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Republic of Kazakhstan

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