Article 166. Labor arbitration of the Labor Code of the Republic of Kazakhstan

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1. Labor arbitration shall be established by the parties to a collective labor dispute within two working days from the date of termination of the work of the conciliation commission.

2. The number of members of a labor arbitration court, its personal composition from among representatives of the employer and representatives of employees, and the procedure for considering a labor dispute are determined by agreement of the parties on a parity basis. The labor arbitration must consist of at least five persons. The labor arbitration includes the State labor inspector, representatives of the tripartite Commission on Social Partnership and regulation of social and labor relations. The members of the tripartite commissions representing the parties to the social partnership are included in the labor arbitration on a parity basis.

According to the requirements of the employees under consideration, members of the conciliation commission may not be members of the labor arbitration.

3. The chairman of the labor arbitration is elected by the members of the arbitration from among them.

4. A collective labor dispute is considered by labor arbitration with the mandatory participation of representatives of the parties to the collective labor dispute, and, if necessary, also with the participation of representatives of other interested parties.

5. The dispute resolution procedure is determined by the labor arbitration and brought to the attention of the parties to the collective labor dispute.

5-1. During the period of consideration of a collective labor dispute by labor arbitration, employees may hold a one-hour preventive strike, with the exception of the cases provided for in paragraph 1 of Article 176 of this Code, in which no more than fifty employees may participate.

Representatives of employees participating in labor arbitration must warn employees participating in an hour-long preventive strike about the liability established by law in case of violation of its duration.

The employer must notify employees in writing of the start of an hour-long warning strike no later than three working days in advance.

6. The decision of the labor arbitration court is made no later than five working days from the date of its creation by a simple majority vote of the arbitration members. If the votes of the members of the labor arbitration are equally divided, the chairman's vote is decisive. The award must be motivated, stated in writing and signed by all members of the arbitration.

7. If the parties to a collective labor dispute fail to reach an agreement in the conciliation commission in organizations where strikes are prohibited or restricted by this Code and (or) the laws of the Republic of Kazakhstan, the establishment of labor arbitration is mandatory.

8. The decision of the labor arbitration is binding on the parties to the collective labor dispute.

9. In case of non-fulfillment of the decision of the labor arbitration within the prescribed period, the parties have the right to resolve the dispute in court.

President

Republic of Kazakhstan

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