Article 20. Employee representatives and their powers of the Labor Code of the Republic of Kazakhstan

Home / RLA / Article 20. Employee representatives and their powers of the Labor Code of the Republic of Kazakhstan

1. The interests of employees within the limits of their delegated powers are represented by the bodies of trade unions in accordance with the Law of the Republic of Kazakhstan "On Trade Unions", and in their absence – by elected representatives.

Elected representatives of employees are elected and authorized at the general meeting (conference) of employees of the organization by a majority vote of the participants in the presence of at least two thirds of the total number of employees of the organization. It is allowed to hold a general meeting (conference) of employees of the organization to elect elected representatives of employees by remote voting. The employee's participation in the general meeting (conference) is confirmed by an electronic digital signature or other electronic means with authorization and identification of the employee.

If the membership of employees in trade unions is less than half of the full-time number of employees of the organization, then the interests of employees may be represented by trade unions and elected representatives.

Collective bargaining between an employer and employees is not allowed without the participation of a trade union, if a trade union has been established in this organization.

2. Employees who are not members of a trade union and who did not participate in the election of elected employee representatives have the right to delegate the right to represent their interests to trade union bodies and elected employee representatives. On the basis of a written statement by an employee, trade union bodies and elected representatives of employees ensure that their interests are represented.

3. Elected representatives of employees have the right to:

1) to represent and protect the labor rights and interests of employees;

2) conduct collective negotiations with the employer on the development of projects and the conclusion of collective agreements;

3) in accordance with collective agreements, visit workplaces to study and take measures to ensure normal working conditions;

4) participate in the settlement of labor disputes between an employee and an employer in accordance with the procedure established by this Code.

President

Republic of Kazakhstan

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