Academic journal article Journal of Legal, Ethical and Regulatory Issues

Labor Disputes in Kazakhstan: Results of Legal Regulation and Future Prospects

Academic journal article Journal of Legal, Ethical and Regulatory Issues

Labor Disputes in Kazakhstan: Results of Legal Regulation and Future Prospects

Article excerpt

INTRODUCTION

The absolute majority of national legal systems include a certain set of ways to protect the labor rights of workers and employers. Kazakhstan is not an exception, where the main law of the country-the Constitution1 contains a provision that a person, his rights and freedoms are the highest value, and therefore the right of everyone to judicial protection of his rights and freedoms is guaranteed, and the Labor Code of Kazakhstan2 (hereinafter text-LC) not only enshrines the provisions governing the procedure for the consideration and resolution of labor disputes, but also provides for the protection of labor rights as the main goal and principle of labor law.

The level of social well-being, employment, and public satisfaction with the quality of social services provided depends on the correct, competent construction of a system for the consideration and resolution of labor disputes. One of the causes of poverty is the lack of real measures to protect the labor, social and economic rights of people. The lack of a systematic approach to teaching the protection of their rights by all categories of the population leads to the fact that the ranks of the poor are replenished by those who cannot defend their legal rights to employers, in conciliation commissions, courts (Khamzina et al., 2015). Protection of labor rights of employees is the main function of the branch of labor law. Its essence lies in the protection of labor rights, freedoms and legitimate interests of the employee as the economically weaker side of labor relations. Protecting the labor rights of workers in the narrow sense means ensuring compliance with labor rights, protecting them from violations, including prevention, restoring violated labor rights, bringing employers and their representatives to liability for violating labor laws.

Theoretical and practical issues of consideration and resolution of labor disputes was the subject of research in special works (Bužinskas, 2017; Colvin, 2007; Ury et al., 1988; Mahony & Klaas, 2008). Many studies have concluded that:

"Informal mediation is a much more appropriate and effective method of resolving labor disputes than labor arbitration and courts (Bingham et al., 2008; Van-Gramberg et al., 2017; Caputo et al., 2019), as well as non-governmental organizations may be more successful in mediation in labor disputes than government officials (Halegua, 2008). "

Special scientific studies are being conducted to examine trends towards a wider use of alternative dispute resolution in the workplace (Lewicki, 2003; Bollen & Euwema, 2013; Feng & Xie, 2019; Zhang et al., 2018).

A scientific study of the problems of the effectiveness of resolving individual labor disputes is in the area of attention of individual representatives of the Kazakhstani science of labor law. However, there are no systematic study and submission of specific recommendations, proposals that provide legislative initiative in this area, consistent with modern practice and legal regulation.

The relevance of the research for the Kazakhstan labor market and the legal system are due to the following theses and facts.

1. A large number of labor disputes, the lack of real mechanisms to prevent labor conflicts that generate dangerous social confrontations; the ongoing transformation of wage labor from collective to individual, which requires a completely new approach to regulating the protection of workers' interests;

2. Since the beginning of 2016, the practice of considering individual labor disputes has dramatically changed as a result of the introduction of the legislative imperative-pre-trial settlement of disputes in the conciliation commission. However, a real reduction in labor conflicts did not occur.

The social request for study is that:

1. The scientific substantiation of modern approaches to countering confrontation and social clashes is in demand;

2. There is a search for new opportunities for harmonizing the interests of workers, employers and the state in the labor market. …

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