Главная » Дискуссия » Analytical review of the draft Kazakhstan Labour Code

1443502751_38740In this review, prepared jointly by the Socialist Movement of Kazakhstan and the Trade Union «Zhanartu», we examine the draft of new Labour Code of August 24, 2015.

1. Unions.

In the LC project the word «union» is mentioned only a few times.
The first mention in the article 146, which states that «The employees, members of the trade union bodies of a trade union is regulated by this Code with the specifications provided by the Law of the Republic of Kazakhstan» On Trade Unions «.»

What are the powers and capabilities of LC provided for unions:
1. The authorized body leading the strike shall have the right to enter into a relationship with the trade unions and other legal entities.
2. Trade unions have the right to provide the technical labor inspectors if industrial facility created «works council on occupational safety and health organizations.» It should make a note that the Council is not created by a mandatory, and on its own initiative. To initiate its creation can an employer or labor collective.
3. Trade unions are involved in a joint declaration with the labor inspectorate of business activity.
4. Trade unions may be employee representatives.

Regarding the employees’ representatives. That such powers arise from trade unions:

1) to represent and protect social and labor rights and interests of workers;
2) to conduct collective bargaining with the employer for the development of projects and collective bargaining;
3) to participate in addressing the socio-economic development provided for in the agreements or collective agreements;
4) in accordance with the agreements and collective agreements go to jobs for the consideration and adoption of measures to ensure normal working conditions;
5) to participate in the settlement of labor disputes between employees and employers in the manner prescribed by this Code

CONCLUSION:

The project LC role of trade unions is negligible. No protection of the rights of the worker from the employer’s union no longer takes place. The role of the trade union — is reduced only to the level of monitoring and collective performers. On this basis, deduct 1% of salary to the employee in the union makes no sense. Since toastmaster for entertainment events can hire cheaper.
You can make a prediction that the workers (except eternally indebted and dumb state employees and officials) from large industrial facilities, just come out of the composition of their trade unions in connection with their trade union impotence. Pay each month 1% of salary for the devil knows that few people agree.

In this case, sharply reduced the number of union members as Federation of trade unions of Kazakhstan (TUFK) and other «independent» trade union associations.

2. Layoffs

It should immediately be noted that such capacious and tough as the word «dismissal» in the project there are no in LC. It is replaced by a more neutral and less scary phrase as «termination of employment».

Also in the new draft of LC, the number of reasons for the dismissal. With the available 19 to 25 reasons. With that said, the new LC created exclusively for the benefit of entrepreneurs. Receiving the new LC unprecedented opportunities for layoffs.

We begin with paragraph 3 of Article 51:
‘Loss of production, works and services, which caused deterioration of the economic condition of the organization; «

It turns out that for mismanagement and inability to basic business, the employer, the employee must be responsible.

By the way, notice that in this article there is no mention of such an indicator as — «decline in profits.» What can cause this article LC?

Assume that the company has brought a host for the first year profit of $ 100. The following year, due to increase of foreign prices, profit was $ 500. Workers are turning to the owner requesting wage increases as the increase of volumes of profit increased five times. A businessman can say that the volume of goods and services produced by the company decreased by 1%. And on the basis of this article, to dismiss those who ask for salary increases due to the increase in profits.

Just because of this article, citing «a decrease in the volume» can lay off workers, intensifying the work remaining. And all this can be done against the background of the profits!

Simply put, under this provision can be brought to the dismissal of any employee of any workers’ collective.

3. The employment contract.

On the question of the conclusion of the LC 27 lies also a way to dismiss an employee by the employer.

Read the article of the new project LC:

«Article 50. The order of termination of the employment contract upon expiry
1. An employment contract for a definite period is terminated due to the expiration of his term. «

It seemed to be all right. But this is precisely the way to 26 laid dismissal. Previously if an employment contract upon its expiry period does not renew it considered indefinite. Now LC requires a constant renewal of the employment contract.

That is, if the employer has not found another way to dismiss an employee, he can get rid of it just do not renew the contract of employment. Since the employer in accordance with the new LC has the right to freedom of choice in employment.

In this way it becomes possible for the employer due to fear of workers before the fact of failure to conclude with them a new labor contract arbitrarily manipulate the workforce. Seek him any profitable undertaking action. To the extent that all the staff to write «voluntary» letter to the employer with a «request» to reduce wages.


4. Working pensioners and young professionals.

The old law was a point on which the employer was required to hire a young specialist at least two years. The new draft of the LC young specialists is not a word.

With regards to working pensioners. Now the employer has a legitimate opportunity to dismiss an employee with regard to retirement age. The possibility to enter into or renew an employment contract with the pensioner, left to the mercy of the employer. He decide to dismiss or extend the employment relationship with the pensioner.


5. Disabled workers.

For disabled workers additional paid leave is reduced from 15 to 6 (minimum) calendar days.


6. Overtime.

Overtime in the old LC stipulated the total of 120 hours per year. Now a new project LC, overtime can be 200 hours per year. The increase over the stint was almost doubled.

And, here’s payment for the excess portion to work decreased.

If the old LC overtime pay v1,5 — 2 times more, depending on the time of its execution (by 1.5 times during the night, on weekends and holidays in 2 times), now the ratio is set to 1.25. For all cases of overtime.

7. Compensation.

The current LC regulations were stipulated compensation to workers by the employer. At present some of these standards are absent.

1. Action LC is the position that if the employer has introduced the employee misled about the conditions of work and the employee is dismissed for this reason, the employer would have to pay him compensation in the amount of 3 monthly salaries.
The current draft of LC, this is not the norm.

2. The current LC provides for payment of compensation in the event of downsizing or liquidation of the company in the amount of 3 monthly salaries.
The new draft of LC compensation in the total amount of two monthly salaries.


Conclusions on the draft Labour Code.

Kazakhstan wants to introduce the most severe labor exploitation. With complete helplessness of the employee to the employer’s arbitrariness. Government agencies dismissive of the many issues related to labor relations, labor standards. The role of trade unions is reduced to a minimum. Society of universal labor, is transformed into a society of slave labor.
Well what else the new draft does not provide for the LC corporal punishment of employees.

Proposed in the draft Labour Code amendment, initiated by the Federation of Trade Unions of Kazakhstan, are in essence only a «cosmetic» in nature. These amendments are intended by his verbosity and vague language to hide the operational nature of the new draft labor code.

The only true solution will be only one — to oppose the adoption of the draft in the parliament of Kazakhstan. Since no amendment of the draft which aims to legitimizing brutal exploitation of labor, does not change.

All workers of Kazakhstan, unless they want to be in the wordless slavery from their employers, have to protest against the consideration and adoption of the Labour Code.

Socialist Movement of Kazakhstan and the union «Zhanartu» express the need to fight and to create a broad front of resistance to the anti-social policies of the government and the adoption of new laws and regulations aimed against the interests of the working class.

Bishkek
September 26, 2015

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