On approval of the convention on the organization of employment services

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Law of the Republic of Kazakhstan dated December 14, 2000 No. 119-II

To approve the Convention on the organization of Employment Services (convention 88) adopted by the 31st session of the International Labor Organization's conference on July 9, 1948 in Geneva.

President Of The Republic Of Kazakhstan

Convention 88 Convention on the organization of Employment Services

(Effective May 18, 2002-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

The General Conference of the International Labor Organization, convened by the Administrative Council of the International Bureau of Labor in San Francisco and convened for its thirty-first session on June 17, 1948, deciding to adopt a number of proposals for the organization of employment services, which is the fourth item on the agenda of the session, decides to give these proposals the form of an international convention,

Article 1

1.each member of the International Labor Organization to which this convention applies shall maintain or maintain the state employment service free of charge. 2.The main task of the Employment Service is to ensure the best possible Organization of the employment market as an integral part of the national program to achieve and maintain full employment and the development and use of productive forces, if necessary, in cooperation with other interested public and private institutions.

Article 2

The employment service consists of a national system of hiring bureaus operating under the leadership of the state government.

Article 3

1.this system includes local networks, and in those places where it is considered appropriate, bureaus that are sufficient in number to serve each geographical region of the country and are conveniently located for entrepreneurs and workers. 2. Organizations of these networks shall be inspected: a) in the following cases: I) in the event of significant changes in the distribution of economic activities and self-employed persons and: II) if the competent authority considers that such an inspection is necessary to assess the experience gained during the testing period, and b) such inspection shall be reviewed every time indicating the need for revision.

Article 4

1.appropriate measures shall be taken through advisory committees to involve entrepreneurs and representatives of workers in cooperation in the organization and activities of the Employment Service, as well as in the development of its policy. 2.These measures provide for the creation of one or more national advisory committees, and, where necessary, regional and local committees. 3.where there are representative organizations of entrepreneurs and workers, on the advice of the same organizations, representatives of entrepreneurs and workers are appointed to these committees in the same number.

Article 5

The general policy of the Employment Service in the case of sending workers to vacancies is drawn up through advisory committees provided for in Article 4, after consulting with entrepreneurs and representatives of workers.

Article 6

The Employment Service is organized in such a way as to ensure the effective selection and placement of workers for work, for which: a) helps workers find suitable jobs and helps entrepreneurs select the necessary workers; in particular, on the basis of the developed regulation on a general state scale, it shall: I) register job seekers, keep records of their professional qualifications, experience and recommendations, conduct interviews with them to find them a job, if necessary, check their health status and professional training, and, in appropriate cases, promote their career guidance, training and retraining; (II) collects accurate information about vacancies that entrepreneurs report to employment centers and their requirements for the right employees; (III) sends candidates for vacancies who have a suitable profession and are suitable for doing the same job based on their health status; IV) organize the exchange of lists of jobseekers and vacancies between individual hiring bureaus in cases where jobseekers are not placed in suitable jobs or cannot obtain suitable candidates for similar positions with the help of the bureau they first visited, or in other cases that prove the feasibility of such measures; b) for: I) simplify the transfer of professions in order to agree with the demand for; (II) simplify territorial transfers in order to facilitate the placement of workers in areas where there is a possibility of finding suitable work; (III) simplify the temporary transfer of workers from one district to another in order to eliminate the local temporary discrepancy between supply and demand for Labor; (IV) take appropriate measures to facilitate the transfer of workers from one country to another in places; C) in cooperation with other authorities, where it is considered appropriate, together with entrepreneurs and trade unions, it collects and studies all available information about the situation in the employment market and its possible development both throughout the country and in certain industries, professions and districts, and provides this information to the authorities, organizations of entrepreneurs and workers and the public in a timely and systematic manner; (d) cooperate in the management of unemployment insurance, assistance and other cases to alleviate the situation of the unemployed; (e) assist other public and private institutions in the development of socio-economic plans aimed at ensuring favorable conditions for employment problems.

Article 7

Measures are taken to: a) simplify the specialization of professions and industries, such as agriculture, and various recruitment bureaus in other areas where such specialization may be useful; b) properly meet the needs of specific types of people looking for work, such as disabled people.

Article 8

Within the framework of employment and career guidance, special measures for adolescents are developed and adopted.

Article 9

1.employees of the Employment Service are made up of civil servants independent of the change of government in terms of their legal status and operating conditions and independent of external undue influences, as this meets the requirements of the service, ensures the stability of the service. 2.in case of compliance with the rules established by national legislation for the selection of civil servants, employees of the Employment Service are selected only on the basis of qualification for the performance of their duties. 3. The Competent Authority of the government establishes methods for verifying this qualification. 4.employees of the Employment Service receive the information necessary for the performance of their duties.

Article 10

The Employment Service, and where necessary, other authorities, in cooperation with entrepreneurs, workers, and other interested bodies, take all measures to encourage the full use of the opportunities provided by the employment services by entrepreneurs and workers on a voluntary basis.

Article 11

The authorized bodies take all necessary measures to ensure effective cooperation between public employment services that do not target commercial benefits and private hiring bureaus.

Article 12

1.if there are large areas on the territory of a member of the organization, where the authorized body considers it impractical to apply this convention due to the sparse population and the disintegration of the level of development of the district, then this body may completely exclude from the application of the convention in such areas or exclude only some enterprises and businesses that it considers expedient to do so. 2. In its first annual report, which each member of the organization submits in accordance with Article 22 of the Charter of the International Labor Organization on the application of this convention, it indicates all areas that are forced to apply the provisions of this article, as well as the reasons for which it has decided to apply these conditions. None of the members of the organization, after submitting their first annual report, may apply the provisions of this article to others from the districts specified in this report. 3. Each member of the organization applying the provisions of this article shall indicate in its subsequent annual reports any district that waives the right to apply the provisions of this article.

Article 13

1. each member of the organization ratifying this convention shall, at the latest after ratification of the convention, submit to the Director-General of the International Labour Bureau the following: (a) the territories to which the interested member of the organization undertakes to apply the provisions of the convention unchanged, with respect to the territories in Article 35 of the Charter of the International Labour Organization as amended in accordance with the act of 1946; (B) the territories that undertake to apply the provisions of the convention, including changes and details of these changes; (C) the territories to which the convention does not apply and the reasons for its non-application in these cases; (d) the territories that have postponed its decision. 2.the obligations referred to in subitems A) and B) of Item 1 of this article shall be considered an integral part of the document on approval and shall have the same consequences as it. 3. Any member of the organization May, through his new application, refuse all or part of his comments in the previous application in connection with subparagraphs B, C, and d of Paragraph 1 of this article. 4.any member of the organization may, in accordance with the provisions of Article 17, send a new application to the director-general within the period during which the convention may be annulled, changing the circumstances of any previous application and informing about the situation in certain territories.

Article 14

1. While matters covered by this Convention are wholly or mainly covered by the authorities of a non-mountainous Territory, the member responsible for the international relations of that Territory may, in agreement with the Government of that Territory, submit to the Director-General of the International Labour Office a declaration accepting obligations on behalf of such Territory under this Convention. 2. An application for acceptance of obligations under this convention may be sent to the Director-General of the International Labour Office by: (a) two or more members of the organization in respect of the territory under their joint management; (B) international authorities responsible for managing any territory on the basis of the provisions of the Charter of the United Nations or responsible for managing them on the basis of any other 3. In accordance with the previous paragraphs of this article, the applications sent to the Director General of the International Labour Bureau indicate whether the provisions of the Convention shall apply in this territory with or without changes; if the application states that the provisions of the Convention shall apply with changes, it shall specify what these changes consist of. 4.a member or members of an interested Organization or international authorities may at any time, through a new application, completely or partially deny the right to use the changes mentioned in one of the upcoming applications. 5.a member or member of an interested Organization or an international authority may send a new application to the director-general in accordance with the provisions of Article 17, which changes the terms of any previous application in any respect and informs about the provisions relating to the application of this convention.

Article 15

Official documents on the ratification of this convention are sent for registration to the Director General of the International Labor Organization.

Article 16

1.this convention binds only members of the International Labor Organization whose ratification documents are registered by the director general. 2.it comes into force twelve months after the registration by the General Director of documents on the approval of two members of the organization. 3.subsequently, this convention shall enter into force on the expiration of twelve months after the date of registration of documents in respect of each member of the organization.

Article 17

1.any member of the organization ratifying this convention may revoke it ten years after its first entry into force by means of an act of denunciation addressed to the director general of the International Labour Organization and registered therein. The revocation shall enter into force one year after the registration of this act of revocation. 2. If any member of the organization ratifying this convention does not exercise its right provided for in this article of annulment within one year after the expiration of the ten-year period mentioned above, it shall be in contact for the next ten years and may terminate the validity of this convention in accordance with the procedure specified in this article every ten-year period thereafter.

Article 18

1.The Director General of the International Labor Bureau informs all members of the International Labor Organization about the registration of all documents on approval and acts of cancellation received from a member of its organization. 2.by notifying the members of the Organization of the registration of the second document received by him on approval, the General Director draws their attention to the date of entry into force of this convention.

Article 19

The Director-General of the International Labour Office shall, in accordance with Article 102 of the Charter of the United Nations, send to the Secretary-General of the United Nations full details, applications and acts of revocation concerning all documents registered with them in accordance with the provisions of the previous articles on approval for registration.

Article 20

In each case deemed necessary by the Administrative Council of the International Labour Bureau, it submits to the General Conference a report on the application of this convention and decides whether it is necessary to include in the agenda of the conference the issue of its full or partial revision.

Article 21

1.in the event that the conference adopts a new convention revising this convention in whole or in part, and the new convention does not provide for the opposite, it shall: (A) the ratification of the new, revising convention by any other member of the organization shall result in the immediate cancellation of the force of this convention, regardless of the provisions of Article 17, if the new, revising convention enters into force; (B) from the date of entry into force of the new, revising convention, this convention shall be closed for ratification by the members of the organization. 2. This convention shall remain in force in terms of form and content for members of the organization that have ratified it, but have not ratified the new, revising convention.

Article 22

The texts of this convention in English and French are equally valid.

Specialists:

Kasymbekov B. A.

Bagarova Zh.A.

President

Republic of Kazakhstan

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