Senate Amends Labor Legislation
Deputies of the Senate of the Parliament of the Republic of Kazakhstan, having examined in two readings at a plenary meeting, adopted the law “On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Labor Issues,” the press Service of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan reports.
This law covers issues of labor relations, social partnership, safety and labor protection.
So, in order to prevent facts of discrimination of workers under working conditions, the document provides for: the establishment in the Labor Code of a rule on the right of an employee to decent working and living conditions, the inclusion in the administrative law of a basis for holding employers accountable for discrimination in the workplace.
In addition, the obligation of the employer to preserve the place of work of citizens for the period of military service by providing them with leave without pay is fixed. At the same time, the obligation of the employee to begin his labor functions is fixed within one month from the date of exclusion from the lists of the military unit.
At the same time, employees caring for a sick family member will be granted the right to part-time work. This measure will allow workers to combine work with personal and family needs and responsibilities.
In order to digitalize personnel records management, the employer provides for the transfer of information on the employee’s labor activities stipulated by the labor contract to the Unified System of Accounting for Employment Contracts (hereinafter – USAEC). At present, the MLSPP of the RK is implementing a pilot project, within the framework of which 28 thousand organizations have already submitted information on the concluded 1.3 million labor contracts to the USAEC.
In order to take into account the views of all workers during negotiations and the signing of collective agreements, the powers of elected representatives to represent the interests of workers who are not members of the union are secured. At the same time, the legislation is clarified that the organization can conclude only one collective agreement.
In the sphere of regulation of social partnership in order to implement the recommendations of the International Labor Organization related to the activities of trade unions, it is provided for: the exclusion of compulsory membership of trade unions in higher Trade Union Associations, which will allow not to limit the right of trade unions to freedom of association; simplification of conditions for confirming the status of trade unions as republican, sectoral, regional associations of trade unions during their state registration. In this regard, the requirement to unite at least half of the total number of workers in the industry and related industries for branch trade unions is excluded, the deadlines for confirming the status of Union of Trade Unions when they are registered with the judiciary from 6 months to 1 year are extended.
The law also provides for fixing requirements for employers, employees and the authorized labor body for the implementation and functioning of the OSH management system.
A mechanism is being introduced for employers to transfer in electronic format the results of certification of production facilities according to working conditions and information to declare the employer’s activities to observe the labor rights of workers, using the unified information system “Labor Protection”.
In cases where several organizations simultaneously carry out various types of work, general coordination is envisaged for the observance of labor protection requirements by the general contractor. This measure will coordinate the work of labor protection services in order to prevent accidents at work.
The implementation of the law will not require additional financial costs from the republican budget and will not entail negative socio-economic or legal consequences.