Article 171. The right to strike of the Labor Code of the Republic of Kazakhstan  

     1. Employees may decide to hold a strike if a collective labour dispute has not been resolved through conciliation procedures, as well as in cases of employer evasion from conciliation procedures or failure to comply with an agreement reached during the resolution of a collective labour dispute.

     2. The decision to hold a strike is made at a meeting (conference) of employees (their representatives).

     A meeting of employees is considered valid if it is attended by more than half of the total number of employees of the organization.

     A conference is considered valid if it is attended by more than half of the delegates elected by employees in accordance with protocol decisions.

     Decisions of the meeting (conference) of employees are considered adopted by a majority vote of the participants. 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 signatures from more than half of the employees in support of the strike.

     If the interests of employees in the organization are represented by trade unions, then the decision to hold a strike is made by trade unions, and in their absence – by elected representatives.

     If the interests of employees in an organization are represented by a trade union and an elected representative, as well as several trade unions, the decision to hold a strike is taken by a single representative body created by them. A single representative body is formed in proportion to the number of employees who are and are not members of a trade union or trade unions.

     3. The strike is headed by a body authorized by the employees (their representatives) (the strike committee). If a strike is announced by employees (their representatives) of several employers with the same requirements, it may be headed by a joint body composed of an equal number of representatives of these employees.  

     4. Participation in the strike is voluntary. No one can be forced to participate or refuse to participate in a strike.  

     5. Persons who force employees to participate or refuse to participate in a strike are liable in accordance with the procedure established by the laws of the Republic of Kazakhstan.  

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  

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