Article 164. Bodies for the consideration of collective labor disputes and the procedure for registration and consideration of claims of employees of the Labor Code of the Republic of Kazakhstan
1. Collective labor disputes are resolved in the following sequence: they are considered by the employer (an association (association, union) of employers) if it is impossible to resolve – in a conciliation commission, if an agreement is not reached in it – by labor arbitration, on issues not settled by it – by the courts.
2. The requirements of employees regarding the application of the labor legislation of the Republic of Kazakhstan, the fulfillment or amendment of the terms of agreements, collective and (or) employment contracts, acts of the employer between employees and the employer, the association (association, union) of employers are formed and approved at the general meeting (conference) of employees.
A meeting of employees is considered valid if it is attended by at least two thirds of the total number of employees of the organization.
A conference is considered valid if it is attended by at least two thirds of the delegates elected by the employees in accordance with the protocol decisions.
The decision of the meeting (conference) of employees is considered adopted if more than half of the participants voted in support of their demands. If it is impossible to hold a meeting (conference) of employees, the representative body of employees has the right to approve its decision by collecting more than half of the signatures of employees in support of their demands.
Employee representatives coordinate with the employer the rules of procedure for holding meetings (conferences) of employees, the place, time, and number of participants in the meeting (conference).
3. The demands of employees are stated in writing and sent to the employer, associations (associations, unions) of employers within three days from the date of the meeting (conference).
4. If these requirements are put forward by employees of different employers, these requirements may be submitted by industry or territorial associations of trade unions or other individuals and (or) legal entities authorized by employees.
5. The employer, at the request of the employees, is obliged to provide premises and create the necessary conditions for holding a meeting (conference) of employees and has no right to interfere with its holding.
6. If it is impossible to resolve the claims of employees, they are considered in the order of conciliation procedures.
7. At any stage of the consideration of a collective labor dispute, the parties may contact an intermediary. The mediation procedure is independent of the conciliation procedures in the conciliation commission, labor arbitration and can run parallel with them.
The footnote. Article 164 as amended by the Laws of the Republic of Kazakhstan dated 05/04/2020 No. 321-VI (effective ten calendar days after the date of its first official publication); dated 02/15/2023 No. 199-VII (effective sixty calendar days after the date of its first official publication).
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
