LABOUR DISPUTES SETTLEMENT OF INDIVIDUAL LABOUR DISPUTES

Labour dispute n means disagreements between an employee (employees) and employer (employers) in respect of the application of labour legislation of the Republic of Kazakhstan, compliance with, or change of, the terms of agreements, employment and/or collective agreements, and employer regulations. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

Bodies for labour dispute examination n Individual labour disputes shall be examined by conciliation commissions and/or courts. Individual labour disputes shall be examined by a conciliation commission upon the application of a party to the labour dispute. Parties to the employment agreement may, at their own discretion, refer directly to court for the settlement of an individual labour dispute. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

Formation of conciliation commission and its operation n n The conciliation commission shall be formed of the equal number of representatives of employer and employee on a fifty-fifty basis. Number of members of the conciliation commission, procedure for its operation and term of authorities of the conciliation commission shall be established by the agreement between an employer and employees at the general meeting (conference) of employees. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

Formation of conciliation commission and its operation (continued) n Members of the conciliation commission representing employees shall be elected by the general meeting (conference) of employees. Members of the conciliation commission representing an employer shall be appointed by employer regulations. Members of the conciliation commission shall elect a chairman and secretary by the majority of votes among themselves at the first organisational meeting. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

Formation of conciliation commission and its operation (continued) n n The conciliation commission shall examine a labour dispute within seven days from the day of filing an application. Following the examination, the conciliation commission shall take decision which shall be issued to an applicant no later than three business days after taking such decision. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

Time frame for referral to bodies for individual labour dispute examination n The following time frame shall be established for referral to the bodies for individual labour dispute examination: three months after delivery of a copy of an employer certificate of employment agreement termination, in case of disputes regarding reinstatement in employment; and one year after an employee or employer became or must have become aware of the violation of their right, in case of any other labour dispute.

Competence of conciliation commission in relation to labour dispute n n The conciliation commission is a body for examination of labour disputes arising in organisations. Labour dispute shall be examined by the conciliation commission when an employee fails to resolve disagreement independently or through his/her representative by way of direct negotiations with an employer.

Procedure for labour dispute examination by conciliation commission n The conciliation commission must examine the labour dispute within seven calendar days after the filing of an application.

Procedure for labour dispute examination by conciliation commission (continued) n n n The dispute shall be examined in the presence of an applicant or his/her authorised representative. The dispute shall not be examined in the absence of an employee or his/her representative unless at the written request of an employee. If an employee or his/her representative fails to appear at the meeting of this commission, the examination of labour dispute shall be adjourned.

n n n The conciliation commission shall pass its resolutions by a simple majority of votes of the commission members present at the meeting. Voting shall be held by secret ballot upon the request of an applicant or one of the members of the commission. Properly notarised copies of the resolution of the conciliation commission shall be delivered to an employer and the head of the organisation within three days after passing the resolution.

Enforcement of resolution of the conciliation commission n n Resolution of the conciliation commission shall be executed within the period established by the commission. In the event of failure to execute resolution of the conciliation commission within the established period of time, an employee or employer shall have the right to submit the labour dispute to court.

Reinstatement of employee in employment by the body for examination of individual labour dispute l In the event of unjust termination of the employment agreement or unlawful reassignment to another job, relocation to another work place, change of labour conditions, and suspension from work, the body examining an individual labour dispute shall pass a resolution on reinstatement of an employee in his/her previous employment except as otherwise provided.

Reinstatement of employee in employment by the body for examination of individual labour dispute (continued) l An employee, who has been reinstated in his previous employment, shall be paid an average wage for the entire time of involuntary absence from work (suspension from work) or the difference in the wage for the time of performance of a lower paid job, but in any event for no more than six months.

Reinstatement of employee in employment by the body for examination of individual labour dispute (continued) l Upon application of an employee, the body examining an individual labour dispute may pass only a resolution awarding the payment to an employee of the wage in such amount as specified above.

Reinstatement of employee in employment by the body for examination of individual labour dispute (continued) l The resolution of the body for examination of an individual dispute regarding the reinstatement of an employee in the previous employment shall be executed immediately.

Reinstatement of employee in employment by the body for examination of individual labour dispute (continued) l If an employer delays with execution of the resolution on reinstatement of the employee in employment, the body for examination of an individual dispute shall pass a resolution on payment to an employee of the average wage or difference in the wage for the time of delay with the resolution execution.