Jurisdiction over individual labor disputes
Claims in labor disputes are subject to filing in court according to the general rules of civil procedure at the location of the defendant, the body of a legal entity, or at the place of residence of an individual acting as a defendant in the dispute.
A claim against a legal entity may also be filed at the location of its property.
Only an employee and his employer can be parties to a civil procedure in an employment dispute.
The basis for dispute resolution in this category is the existence of an employment relationship between the plaintiff and the defendant.
A claim arising from the activities of a branch or representative office of a legal entity may be filed against an employer - a legal entity at the location of the branch or representative office.
However, a claim cannot be filed against a branch of a legal entity. So, on March 10, 2016, the Kyzylorda City Court considered a case on the claim of the labor inspector A.S. of the State Institution "Labor Administration for the Kyzylorda region" to the director of the Kyzylorda branch of G. and K. LLP on a claim for coercion to comply with the order.
At the same time, the court collected a state duty from the Kyzylorda branch of the LLP to the state revenue.
According to the first part of Article 27 of the CPC, disputes involving legal entities are subject to consideration by specialized interdistrict economic courts.
By the decision of the Zhylyoysky District Court of Atyrau region dated July 14, 2016, the claim of the State Institution "Department of the State Labor Inspectorate of Atyrau region" to the Limited Liability Company "A" for the fulfillment of the requirements of the order No. 33 dated February 10, 2016 was satisfied. The State Administration filed a lawsuit against the LLP for the execution of the order No. 33 dated February 10, 2016, arguing that in December 2015, 11, the inspectorate received a statement from an employee of the LLP about violations of labor laws.
During the inspection, it was established that the employer employed the employee on weekends and holidays without his written consent, without proper registration by the employer's act, and paid for the work for the specified days in a single amount. As a result of the violations, the employer issued an order to eliminate violations of labor legislation, but the director of the LLP has not yet taken measures to eliminate The violations indicated in the order were not appealed within the established time frame.
The court ordered the LLP to comply with the requirements of the order No. 33 dated February 10, 2016.
In cases affecting the interests of the State on the compulsory execution of the order of the State labor inspector, the prosecutor was not involved in the cases. Whereas, in cases affecting the interests of the state, the participation of the prosecutor, in accordance with part 2 of Article 54 of the CPC, is mandatory.
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