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LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 27, 2014 No. 211-V ZRK

About labor unions

(as amended on 15-02-2023)

This Law governs the public relations resulting from realization by citizens of constitutional right on freedom of associations, creation, activities, reorganization and liquidation of labor unions.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) territorial trade union association - trade union association at the level of the area, the city, area, the city of republican value and the capital;

2) social partnership - the system of relations between workers (employee representatives), employers (representatives of employers), state bodies aimed at providing coordination of their interests concerning regulation of employment relationships and other, directly connected with employment relationships, and also the social and economic relations, based on equal cooperation;

3) primary organization of labor union - the structural division of labor union which is directly in the organization and consisting of the members of labor union who are employees of this organization;

4) local labor union - voluntary consolidation of employees of one or several organizations connected by general labor, production professional interests;

5) the member of labor union - the physical person who voluntarily showed willingness and entered structure of labor union who recognizes and observes its charter, pays membership union dues;

6) labor union (labor union) - the public association with the fixed membership which is voluntarily created on the basis of community labor, production professional interests of citizens of the Republic of Kazakhstan for representation and protection of the labor and social and economic rights and interests of the members;

7) trade-union body - the governing body formed according to the charter of labor union;

8) the member organization - the labor unions, their associations which are as participants the part of labor union, their associations at the appropriate level of social partnership according to the procedure determined by this Law recognizing and observing them charters;

9) republican trade union association - merging of industrial trade unions, territorial trade union associations at the level of area, the city of republican value and the capital;

10) industrial trade union - consolidation of workers of one field of activity (types or subspecies of economic activity) and industries, adjacent to it, local labor unions connected by general labor, production professional interests.

Article 2. Legislation of the Republic of Kazakhstan on labor unions

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.

Article 3. Features of application of this Law for separate categories of persons

1. Provisions of this Law are applied to the citizens of the Republic of Kazakhstan who are in business trip outside the Republic of Kazakhstan and also the foreigners and persons without citizenship living and working in the Republic of Kazakhstan.

2. Payment of membership union dues by foreigners and stateless persons is made on equal terms with citizens of the Republic of Kazakhstan.

3. Representatives of employers cannot consist in elected bodies of labor union of any level.

Article 4. Freedom of creation of labor unions

1. Labor unions are created on the basis of equality of their members. The number of the labor unions created within one industry, the organization is not limited.

2. All labor unions are given equal legal opportunities.

3. Hindrance to creation of labor union, counteraction of its activities, and equally illegal intervention in its cases are not allowed.

Article 5. Principles of creation and activities of labor unions

1. Labor unions are created by production industry principle.

2. Labor unions are independently developed and approve charters, structure, determine priority activities, form trade-union bodies, will organize activities, hold the meetings, conferences, congresses and other actions which are not forbidden by legal acts of the Republic of Kazakhstan.

3. Labor unions are independent in the activities of state bodies of all levels, political parties, employers and their associations, are not under control and are not accountable to them.

4. Labor unions can create trade union associations according to the procedure, determined by this Law.

Article 6. International backgrounds of labor unions

Labor unions according to the authorized purposes and tasks have the right to enter the international associations of labor unions working in the sphere of protection of the rights and interests of workers and also to sign contracts, agreements on cooperation.

Labor unions have the right to cooperate and organize, hold events together with the international organizations and to realize the projects directed to protection of the labor and social and economic rights and interests of workers according to the legislation of the Republic of Kazakhstan.

Article 7. Prohibition of discrimination of citizens on the basis of belonging to labor unions

1. 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 laws of the Republic of Kazakhstan.

2. Are prohibited discrimination in case of employment, promotion on work, and also termination of the employment contract at the initiative of the employer because of the worker's belonging to labor union, the introduction or exit from it.

3. Impact on persons is forbidden by threat or other wrongful acts to force them to refrain from the accession to labor union, to leave one labor union and to enter another or to independently dismiss labor union.

Chapter 2. Creation, reorganization and liquidation of labor unions

Article 8. Creation of labor union

1. The labor union is created at the initiative of group of citizens of the Republic of Kazakhstan at least ten people connected by community of their professional and production interests convening constituent congress (conference, meeting) at which the charter affirms and trade-union bodies are created.

2. Conditions and procedure for acquisition and loss of membership are determined by the charter of labor union.

3. Legal capacity of labor union as legal entity arises from the moment of state registration.

Article 9. Charter of labor union

1. The charter of labor union shall provide:

1) name, location, subject and purposes of activities of labor union;

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