On labor disputes, International norms, Regulations, Resolutions, Codes, Laws
The main regulatory legal act regulating public relations arising between subjects of labor disputes in cases of this category is:
The Constitution of the Republic of Kazakhstan, as well as the Labor Code of the Republic of Kazakhstan, as amended on November 23, 2015 No. 414-V,
The Civil Procedure Code of the Republic of Kazakhstan,
The Law of the Republic of Kazakhstan "On Trade Unions" dated 06/27/2014 No. 211- V,
Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 "On certain issues of the application of legislation by courts in the resolution of labor disputes" dated December 19, 2003 (with subsequent amendments and additions).
When resolving disputes between certain categories of employees (civil servants, law enforcement officers, etc.), courts are guided by special laws.:
By the Law of the Republic of Kazakhstan "On the Civil Service of the Republic of Kazakhstan" dated 11/23/2015 № 416-V,
The Law of the Republic of Kazakhstan "On Law Enforcement Service" dated 6.01.2011 No. 380-IV,
The Law of the Republic of Kazakhstan "On Combating Corruption" dated 18.11.2015 No. 410V and others, as well as by-laws: Rules on the imposition of disciplinary penalties on administrative civil servants, Regulations on the procedure for civil service, service in internal affairs bodies, etc.
When considering and resolving claims for compensation for moral damage caused to personal non-property rights of employees as a result of violation of labor rights, the courts must also comply with the Civil Code of the Republic of Kazakhstan, the Regulatory Decree of the Supreme Court of the Republic of Kazakhstan "On the application by courts of legislation on compensation for moral damage" No. 3 dated 06/21/2001 (with subsequent amendments and additions).
It should be borne in mind that if an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in national legislation, with the exception of the Constitution of the Republic of Kazakhstan, the rules of the international treaty apply. Since both civil procedure and labor legislation establish the priority of international legal norms in case of their conflict with national legislation.
The main international treaties ratified by the Republic of Kazakhstan and to be applied by the courts in the consideration of cases of this category are:
- The Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948;
- The International Covenant on Civil and Political Rights, ratified by the Law of the Republic of Kazakhstan dated November 28, 2005;
- International Labour Organization (ILO) Convention No. 155 of 1981 "On Occupational Safety and Health and the Working Environment", ratified by the Law of the Republic of Kazakhstan dated June 13, 1996;
- Convention on Labor Inspection in Industry and Trade (Convention 81), adopted in Geneva by the 30th session of the General Conference of the International Labor Organization on July 11, 1947, ratified by the Law of the Republic of Kazakhstan dated May 7, 2001;
- Convention on Forced or Compulsory Labour (Convention 29), adopted in Geneva by the 14th session of the General Conference of the International Labour Organization on June 28, 1930, ratified by the Law of the Republic of Kazakhstan dated December 14, 2000;
- The Convention on the Protection of Wages (Convention 95), adopted in Geneva at the 32nd session of the General Conference of the International Labour Organization on July 1, 1949, ratified by the Law of the Republic of Kazakhstan dated April 7, 2014;
- Convention on Discrimination in Employment and Occupation of 1958, ratified by the Law of the Republic of Kazakhstan dated July 20, 1999.
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