ORDER OF THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 20, 2014 No. 16

About approval of the Standard regulations on the labor arbitration

According to subitem 25-1) of Article 16 of the Labor code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Standard regulations on the labor arbitration.

2. To provide to department of work and social partnership of the Ministry of health and social development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in mass media and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the vice-Minister of health and social development of the Republic of Kazakhstan Argandykov D. R.

4. This order becomes effective after ten calendar days after its first official publication.

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of August 20, 2014 No. 16

Standard regulations on the labor arbitration

1. General provisions

1. The labor arbitration temporarily operating body created by the parties of collective employment dispute with involvement of authorized persons for permission of employment dispute in case of not reaching an agreement in the conciliatory commission.

2. The labor arbitration in the activities is guided by the Constitution of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, the Labor code of the Republic of Kazakhstan, the laws and other regulatory legal acts of the Republic of Kazakhstan.

2. Tasks and functions of the labor arbitration

3. Tasks of the Labor arbitration are:

1) pre-judicial settlement of collective employment dispute;

2) ensuring protection of labor rights and legitimate interests of workers and employers by consideration of collective employment dispute.

4. The labor arbitration according to the tasks assigned to it performs the following functions:

considers collective employment dispute in essence if earlier collective employment dispute was not settled in the conciliatory commission;

interacts with state bodies;

makes offers to the parties of collective employment dispute on elimination of the reasons and conditions of emergence of collective employment dispute;

within the competence makes the decision, obligatory for the parties, on the considered collective employment dispute.

3. Procedure for creation of the labor arbitration

5. The labor arbitration is created by the parties of collective employment dispute within five calendar days from the date of termination of work of the conciliatory commission with participation of members of the republican, industry or regional commissions on regulation of the social and labor relations.

6. The number of members of the labor arbitration, its members are determined by the agreement of the parties of collective employment dispute.

The labor arbitration shall consist at least of five people.

The labor arbitration can representatives of public associations, the state inspector of work, specialists, experts and other persons are included.

Members of the labor arbitration keep the state, office and commercial secrets which became to them known when implementing the powers as the labor arbitrator.

7. The labor arbitration is headed by the chairman elected by the parties of collective employment dispute from among members of the labor arbitration.

8. The regulations on the labor arbitration affirm the agreement of the parties of collective employment dispute.

4. Procedure of consideration of collective employment dispute

9. The procedure for consideration of collective employment dispute (form, contents of the decision, possibility of suspension of consideration of collective employment dispute) is determined by the agreement of the parties.

The procedure of consideration of collective employment dispute (delivery of the decision to the parties of collective employment dispute and bodies of social partnership, the organization of convocation and holding meetings) is determined by the labor arbitration and is brought to the attention of the parties of collective employment dispute.

10. The collective employment dispute is considered by the labor arbitration with obligatory participation of agents of the parties of collective employment dispute, and also if necessary with participation of representatives of other interested persons.

11. The labor arbitration within the competence:

receives information, necessary for consideration of this dispute, from the parties of collective employment dispute;

invites for participation in labor arbitral procedure of officials of state bodies and other employees of the organizations, and in necessary cases - experts and consultants;

gives legal treatment to the regulations containing in collective agreements, agreements.

12. The decision of the labor arbitration is made by a simple majority vote members of arbitration no later than seven calendar days from the date of its creation.

In case of absence on reasonable excuse of one or several members of the labor arbitration transfer of voting power, as well as vote for other persons based on acts of the parties of collective employment dispute is allowed.

In case of separation of voices of members of the labor arbitration equally the chairman's voice is decisive. The decision shall be motivated, be stated in writing and be signed by all members of arbitration who were present at meeting.

13. The solution of the labor arbitration is obligatory for execution of collective employment dispute by the parties.

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