Labor law. 1. Concept and source of the labor law.
The labor law is the branch of the law regulating the labor relations, arising in the course of realization by citizens of their constitutional right on freedom of labour; between the employer and the worker concerning implementation by the parties of a certain labor activity on the basis of individual, collective and other agreements.
The main sources of the labor law are the Constitution and the Labour code of the Republic of Kazakhstan from May 15, 2007 which consists of the General and Special part. Standards of the labor law are contained in laws and bylaws which regulate and concretize the provisions containing in the Labour code.
The labor Code of the Republic of Kazakhstan contains 341 articles, grouped in 40 heads. The general part includes the section devoted to general provisions, competences of state authorities in the field of regulation of the labor relations, to subjects of the labor relations and the reasons of their emergence. The special part is devoted: to the labor relations, features of regulation of work of separate categories of workers, social partnership and the collective relations in the sphere of work, safety and labor protection.
2. Labor agreement.
The labor relations, and also other relations which have been directly connected with labor, are regulated by the labor agreement, the act of the employer, the agreement and the collective agreement. Provisions of agreements of the parties of social partnership, collective, labor agreements, acts of the employers, worsening positions of workers in comparison with the labor legislation of the Republic of Kazakhstan are considered void. Conditions of agreements, collective, labor agreements can't be changed unilaterally.
Conditions of labor, collective contracts are the obligatory for both parties if they don't contradict the legislation. The collective agreement is the legal act in the form of the written agreement between group of workers and the employer, regulating the sociolabor relations in the organization.
The labor agreement is a written agreement between the worker and the employer according to whom the worker undertakes to perform personally a certain work (labor function), to observe rules of the labor schedule, and the employer undertakes to employ the worker on the agreed labor function, to provide the working conditions foreseen by the Labour Code, laws and other regulatory legal acts of the Republic of Kazakhstan, the collective agreement, acts of the employer, to pay to the worker a salary in time and in full size.
The labor agreement can be concluded: • 1) for an indefinite term; • 2) for a certain term not less than one year, except some cases.
In case of a repeated execution of an employment agreement with the worker who has earlier signed the contract for a certain term not less than one year, including extension of term of the labor agreement, it is considered to be concluded for an indefinite term.
The conclusion of labor agreements for a certain term with the purpose of evasion from granting guarantees and compensation, (provided for workers with whom the labor agreement is concluded for an indefinite term) is forbidden.
The conclusion of an employment agreement is allowed with the persons who have reached sixteen -year age. In cases getting secondary education or leaving of general educational institution, the persons who have reached fifteen years with the consent of parents or trustee can conclude the individual labor agreement. With the consent of one of parents ( trustee) the labor agreement can be concluded with the pupil who has reached fourteen-year age, for work execution during free time from the study which does not cause harm to health and do not disturb study.
