Article 176. Illegal strikes of the Labor Code of the Republic of Kazakhstan  

1. Strikes are considered illegal:

     1) during periods of martial law or a state of emergency or special measures in accordance with the laws of the Republic of Kazakhstan "On Martial Law" and "On a state of emergency"; in military administration bodies and military units of the Armed Forces, other troops and military formations of the Republic of Kazakhstan and organizations responsible for ensuring national defense, state security, emergency- rescue, search and rescue, fire fighting, prevention or liquidation of emergency situations; in special state and law enforcement agencies; at ambulance and emergency medical stations;

     2) in organizations directly related to ensuring the vital activity of the population, for energy supply, heat supply, water supply and sanitation, gas supply, aviation, railway, automobile, public and water transport, communications, healthcare, if the minimum list and volume of relevant services necessary for the population are not preserved, determined on the basis of a preliminary agreement between employee representatives and the local the executive body;

     2-1) in organizations operating hazardous production facilities, the suspension of"activities associated with severe and dangerous and (or) poses a threat to the national security of the Republic of Kazakhstan, if a minimum of necessary work (services) is not provided;

     3) in case of announcement or holding in violation of the deadlines, procedures and requirements provided for by this Code;

      4) in cases where it poses a real threat to human life and health.;  

     5) in other cases stipulated by the laws of the Republic of Kazakhstan.

     If there is one of the grounds specified in this paragraph, the prosecutor has the right to suspend the strike until the court makes an appropriate decision.

     2. Excluded by the Law of the Republic of Kazakhstan dated 05/04/2020 No. 321-VI (effective ten calendar days after the date of its first official publication).  

     3. The decision to declare a strike illegal is taken by a court in accordance with the laws of the Republic of Kazakhstan.

     4. The decision to declare a strike illegal is taken by the court at the request of the employer or the prosecutor.  

     The court's decision is brought to the attention of employees through the body leading the strike, which is obliged to immediately inform the strike participants of the court's decision, and in the absence of the body leading the strike, directly by the employer.  

     The employer ensures that the text of the court decision is placed in places accessible to the public.

     The court's decision to declare the strike illegal is subject to immediate execution, and the strike is terminated.

     In the event of an immediate threat to the life and health of people, the prosecutor or the court has the right to suspend the strike before making an appropriate decision.

     5. The body leading the strike has the right to appeal the court's decision in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     6. Persons who provoke continued participation in a strike deemed illegal by a court shall be 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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