Labor Safety Lecture I Introduction Labor Relations Overview

Labor Safety Lecture I: Introduction. Labor Relations Overview CHAPTER 1 INTRODUCTION

WHAT IS LABOR?

WHAT IS LABOR? The aggregate of all human physical and mental effort used in creation of goods and services. Labor is a primary factor of production. The size of a nation's labor force is determined by the size of its adult population, and the extent to which the adults are either working or are prepared to offer their labor for wages. Read more: http: //www. businessdictionary. com/definition/labor. html#ixzz 3 z. AQrk. GJ 2

LABOUR LAW Mediates the relationship between workers (employees), employers, trade unions and the government. Collective labour law relates to the tripartite relationship between employee, employer and union. Individual labour law concerns employees' rights at work and through the contract for work. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work

HISTORY Labour law arose in parallel with the Industrial Revolution as the relationship between worker and employer changed from small-scale production studios to large-scale factories. As England was the first country to industrialize, it was also the first to face consequences of capitalistic exploitation in a totally unregulated economic framework.

INTERNATIONAL LABOUR LAW The labour movement has long been concerned that economic globalization would weaken worker bargaining power, as their employers could hire workers abroad to avoid domestic labour standards. Karl Marx said: “The extension of the principle of free trade, which induces between nations such a competition that the interest of the workman is liable to be lost sight of and sacrificed in the fierce international race between capitalists, demands that such organizations [unions] should be still further extended and made international”.

INTERNATIONAL LABOUR ORGANIZATION (ILO) Following World War 1, ILO Founded on the Principle of “Labour is Not a Commodity” For the reason that “Peace can be established only if it is based upon social justice” WORLD TRADE ORGANIZATION (WTO) Because ILO Enforcement mechanism are weak, incorporating labour standards in the WTO operations has been proposed.

LABOR LAW IN KAZAKHSTAN In Kazakhstan, labour relations are regulated by the regulatory legal instruments, individual contract of employment and, if one exists, a collective labour agreement. The labour laws and regulations of the Republic of Kazakhstan are based on the Constitution of the Republic of Kazakhstan and include the Labour Law and other legal instruments, which regulate labour relations of some separate categories of the employees. The major sources of labour legislation are laws adopted by the Parliament, and technical acts, passed by the governmental agencies.

LABOR LAW IN KAZAKHSTAN There also a number of other legal acts, which regulate the labour and industrial relations, not covered by the Labour Law, such as: The Law on Collective Labour Disputes and Strikes (July 8, 1996); The Law on Collective Agreements (July 4, 1992); The Law on the Occupation of the Population (1998); The Edict on Approving a Position on Qualification Classes of State Employees (July 12, 1996); o The Law on Employment of Population (January 23, 2001); o The Law on State Service (July 23, 1999). o o

According to Article 3 of the Labour Law of Kazakhstan, the labour law regulations in Kazakhstan are applicable to all workers who have entered into employment relations with employers. The most important legal enactment, which regulates labour relations in Kazakhstan, is the Labour Law of 1999 (“the LL”), which came into force on 1 st January 2000 and replaced the amended old Labour Code dating from 1972. The Law regulates social relations arising in the course of implementation of the citizen’s constitutional right to the freedom of labour, stipulated in Article 24 of the Constitution. The Labour Law consists of 12 chapters and 108 articles.

Contract of employment Conclusion of contract of employment The minimum age for conclusion of a contract of employment established by Article 11 of the Labour Law is 16 years. In the event of completion of secondary education or leaving a comprehensive educational establishment, persons who have reached the age of 15 with consent of their parents (tutor, guardian) can also conclude a contract of employment. A contract of employment may also be concluded with a student to perform some light work, not harmful to his/her health and not interfering with his/her studies, in his/her free from learning time. To be admitted to such work, a person must be 14 years of age and have the consent of a parent, tutor or guardian. The consent of the parent, tutor or guardian is given in writing and the contract of employment is signed together with the minor. Employment of persons under the age of 18 for heavy manual work and work involving harmful and/or dangerous conditions of labour is forbidden by the Labour Law (Article 11 of the LL).

GLOSSARY Contract labour or Employment, a relationship between an employer and an employee Manual labour, physical work done by people Wage labour, delivery of services by person for payment Bonded labour, a system of unfree labour where a person must work to pay off a debt Child labour, the employment of children under an age determined by law or custom Labour Day, a national holiday in many countries Labour economics, the functioning and dynamics of the markets for labour Labor force, the people of a country or other geographic entity actively employed or seeking employment

Labour movement, the development of a collective organisation of working people Labor pool or Workforce, the people working in a company, industry, nation or other group Labor relations, the study of the relationship between management and workers Labour union or Trade union, an association of wage-earners meant to maintain or improve conditions of employment Unfree labour, work relations in which people are employed against their will

Work (project management), the effort applied to produce a deliverable or accomplish a task Employment, a contract between two parties, one being the employer and the other being the employee Creative work, a manifestation of creative effort, in copyright law House work, management of a home Manual work, physical work done by people Paid work, relationship in which a worker sells labor and an employer buys it Job, a regular activity performed in exchange for payment