of April 9, 1993 No. 2107-XII
About labor unions
Labor unions in the Republic of Kazakhstan (labor unions) it is independent, with the fixed individual membership the public associations which are voluntarily created by citizens on the basis of community of their professional interests for representation and protection of labor, and also other social and economic rights and interests of the members and improvement of working conditions.
1. The legislation of the Republic of Kazakhstan on labor unions is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.
Features of application of this Law in Armed Forces, other troops and military forming of the Republic of Kazakhstan, law-enforcement bodies, homeland security are determined by the legislation of the Republic of Kazakhstan on these forming.
Provisions of this Law are applied to the foreign citizens and persons without citizenship living and working in the Republic of Kazakhstan and also can be applied to the citizens of the Republic of Kazakhstan working according to the procedure of sending outside the republic.
Citizens of the Republic of Kazakhstan have right to unionize.
Labor unions are created on the basis of equality of their members. The number of the labor unions created within one profession (groups of professions) is not limited.
All labor unions are given equal legal opportunities. Hindrance to creation of labor union, and is equal counteraction of its activities are pursued under the law.
Labor unions are created on is production - to the industry principle. The internal structure of labor union is determined by its charter.
Labor unions can create on a voluntary basis merging of the unions on production (industry), territorial and to other principles, and also enter them, sign with each other temporary and permanent contracts and agreements, carry out joint actions and actions.
Labor unions according to the authorized purposes and tasks have the right to cooperate with the trade-union organizations of other countries, to enter the international trade-union associations and the organizations, to conclude with them, and also with foreign labor unions contracts and agreements.
Belonging to labor unions does not involve any restriction of the labor, social and economic, political, personal rights and freedoms of the citizens guaranteed by the legislation. It is forbidden to cause employment, promotion on work, and also termination of the employment contract at the initiative of the employer because of the worker's belonging to certain labor union, the introduction or exit from it.
The labor union is created at the initiative of group of citizens at least ten people convening constituent congress (conference, meeting) at which the charter of the union affirms and governing bodies are created.
Conditions and procedure for acquisition and loss of membership are determined by the charter of labor union.
Legal capacity of labor union as legal entity arises from the moment of registration.
Registration of labor unions is made according to the Law of the Republic of Kazakhstan "About public associations" and the Law of the Republic of Kazakhstan "About state registration of legal entities and accounting registration of branches and representations".
The registering body does not exercise control of activities of labor unions.
The termination of activities of labor union is performed according to the procedure, established by the Civil code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About public associations".
Labor unions have the right:
represent and protect the rights and interests of the members in relations with the state and economic organizations, public organizations, entrepreneurs and their associations (the unions, associations), to make in court claims in protection of the rights and interests of the members, to act in their interests of vpra carrying out mediation, in court, arbitration or reference tribunal, other bodies, to give them other legal assistance, to create legal advice bureaus and other services of legal assistance, to consider individual employment disputes and to participate in permission of collective employment disputes (conflicts), to sign agreements and collective agreements;
create cash funds;
appeal the acts of state bodies violating the rights and legitimate interests of members of labor union in court;
address to state governing bodies about cancellation fully or partially or change of the legal acts adopted by them violating the rights and legitimate interests of members of labor union;
petition before prosecutor's office for protest of the legal acts which are in the sphere of public prosecutor's supervision, violating the rights and legitimate interests of members of labor union, for initiation of proceedings against persons violating the law on labor unions, the labor law of the Republic of Kazakhstan;
exercise public control within the rights granted by the legislation over observance of the labor, housing and pension law, legislation on labor unions concerning the members and to require elimination of the revealed violations;
take part in review of natural and material structure and structure of the minimum consumer budget and its separate consumer goods baskets, in review of compensation, pensions and benefits depending on increase in prices;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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