Mandatory procedure for pre-trial dispute settlement in the conciliation commission on labor disputes
In accordance with paragraphs 1-2 of Article 170 of the Labor Code, individual labor disputes are considered by conciliation commissions and (or) courts. Individual labor disputes are considered by the conciliation commission at the request of the party to the labor dispute. Meanwhile, contacting the conciliation commission is the right, not the obligation, of a party to a labor dispute. By agreement of the parties, the conciliation commissions may consider any category of labor disputes. In recent years, Kazakhstan's labor legislation has undergone a number of significant changes.
Mandatory procedure for pre-trial dispute settlement in the conciliation commission on labor disputes
Labor relations are regulated by the norms of the Labor Code, where all legal levers in the field of labor relations are systematized as much as possible. At the same time, in order to effectively protect the rights of employees, it is necessary to increase the role of conciliation commissions. Firstly, these measures would shorten the time required to resolve a labor dispute, and secondly, would significantly reduce the workload of the courts. According to paragraph 3 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated December 19, 2003 "On certain issues of the application of legislation by courts in the resolution of labor disputes", in case of disagreement with the decision of the conciliation commission, as well as its non-fulfillment, the party to the labor dispute has the right to apply to the court. Meanwhile, it should be noted that if the enforcement of the decision of the conciliation commission were to be fixed at the legislative level as an executive document, which, by its very nature, is subject to strict enforcement, then the role of this commission in resolving a labor dispute would be more effective. In such cases, disputes, for example, over claims for the recovery of wage arrears or other labor disputes that are not particularly difficult, would be resolved directly in the labor collective. In such cases, it would not be necessary to re-apply to the court for dispute resolution. The possibility of solving this issue in a different way is not excluded. In order to simplify the process of administration of justice, it is proposed by individual courts to amend paragraph 3 of Article 170 of the Labor Code, providing for a mandatory procedure for pre-trial dispute resolution in the conciliation commission for labor disputes. To recognize the appeal to the conciliation commission as the duty, and not the right of the party to the employment contract. Such a pre-trial procedure for a number of labor disputes, such as wage recovery and others, would contribute to a faster resolution of labor conflicts. This does not violate the constitutional provision on everyone's right to judicial protection, since the subsequent appeal of the parties to the court to resolve the dispute or to appeal the decision of the conciliation commission may also be provided for in the law.
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