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GENERAL AGREEMENT between the Government of the Republic of Kazakhstan, the republican associations of workers and the republican associations of employers for 2012 – 2014

We, the authorized representatives of the Government of the Republic of Kazakhstan, republican associations of workers and republican associations of employers (further – the Parties), being guided by the principles:

strict compliance with the legislation of the Republic of Kazakhstan; social responsibility of the government, employers and employees, mutual respect and the highest possible compromise their interests;

joint liability for realization of strategy of social and economic development of the country and assistance to its practical implementation on places;

social partnership and collective and contractual regulation of the social and labor relations;

constructive interaction in providing conditions for worthy work and social and economic interests of workers and employers, consent and stability preservation in society

entered into this General Agreement for 2012 - 2014 (hereinafter - the Agreement), which defines the agreed positions of Parties on the key directions of regulation of social and labor relations in the course of social and economic policy during 2012 - 2014 and joint action to its implementation.

I. Economic policy

The parties consider that during the forthcoming period the economic policy of the state has to be focused on providing a sustainable development on the basis of modernization of economy and realization of The State Program on Forced Industrial-Innovative Development, improvement of the tariff policy, protection of the competition and improvement of business climate in the country.

 

The Parties agree to the following obligations:

1.1. To promote balanced economic growth through macroeconomic policies aimed at minimizing the risks of possible options for the development of the economy during 2012 - 2014.

1.2. To carry out joint activities aimed at achieving of:

Strategic Development Plan of the Republic of Kazakhstan up to 2020;

State program on forced industrial-innovative development for 2010 - 2014;

State education development program for 2011 - 2020;

State program of Development of health care of the Republic of Kazakhstan "Salamatty Kazakhstan" for 2011 - 2015;

State program on development and functioning of languages ​​in the Republic of Kazakhstan for 2011 - 2020;

Program on modernization of housing and communal services of the Republic of Kazakhstan for 2011 - 2020;

Program "Ak Bulak" for 2011 - 2020;

Program on development of agriculture of the Republic of Kazakhstan for 2010 - 2014.

1.3. To improve systems and mechanisms of stimulation of the organizations that invest in the modernization and development of production.

1.4. To take measures for development of the financial sector, aimed at improvement of stability of financial system together with National bank of the Republic of Kazakhstan.

1.5. To promote formation of the budgetary parameters directed on stimulation of economic growth and providing social obligations of the state, increase of efficiency of budgetary funds expenditure.

1.6. To carry out measures of tariff policy, proceeding from need of observance of balance of interests between service providers and consumers.

1.7. To continue work on state regulation of subjects of natural monopolies in terms of predictability and stability of price levels.

1.8. To increase productivity and quality of work due to the introduction of new methods of the organization of production, management systems, new technologies and equipment, salary increase.

1.9. To participate in work of the interdepartmental commissions and working groups of the Government and the central government bodies on preparation and consideration of the draft legislation related to labor relations and socio-economic issues.

II. Labor market development, promotion of effective employment of the population

The parties consider it necessary to encourage the creation of opportunities for human development in the context of improving its competitiveness, to combine efforts in the implementation of the main directions of the 2020 Employment Program, the solution of tasks on formation of demand for quality manpower, creation of conditions for worthy work and worthy compensation.

These processes have to be supported by effective interaction of social partners in the field of employment of the population and development of manpower. For this purpose the Parties assume the following obligations:

2.1. To provide realization of the following actions:

formation of a national database of current vacancies and predicted job creation;

stimulation of internal training and retraining;

use of new information technologies and ensuring availability of information resources, including within the information portal of the Ministry of Labour and Social Protection of the population;

introduction of the Unified information system of social and labor sphere

taking measures to the maximum employment of women (increase in a share of women in labor);

rendering the state support to the individuals forwarded on social workplaces, public work, youth practice within the 2020 Employment Program and regional programs of employment of the population;

promoting labor mobility by promoting the voluntary relocation of Kazakhstan citizens from villages with low potential of socio-economic development in settlements with high potential for socio-economic development and to the centers of economic growth.

2.2. To carry out measures on:

development of national system of qualifications, development of professional standards, modernizations of the unified tariff and qualification directory of jobs and professions of workers and unified qualification directory of positions of heads, experts and employees;

adaptation of system of professional education to requirements of innovative development of economy;

development of system of vocational guidance of the population, including vocational guidance of schoolchildren;

involvement of employers to development of own educational material resources, participation in modernization and management of material resources and educational processes of educational institutions of profile professional education, creation of conditions for receiving of necessary skills and abilities by workers.

2.3. Ensure compliance with the legislation on employment regarding the protection of the national labor market, to create the conditions to attract highly skilled labor force.

2.3. To provide observance of the legislation on population employment protection of a national labor market, to create conditions for attraction of highly skilled labor.

2.4. The parties thus consider necessary:

acceptance by the Government of the Republic of Kazakhstan of measures aimed at reducing tension in the labor market in the event of emergencies;

improvement of mechanisms of support of employment of the population during economic restructuring, diversification of structure of employment in the cities and settlements;

improvement of support tools and material guarantees of citizens in case of unemployment or underemployment;

regular evaluation (monitoring) of the quality of public services in the area of employment.

2.5. To continue work on carrying out technical consultations on ratification of the ILO Convention No. 143 "On abuses in migration and about providing equality of opportunity and treatment to migrant workers ", No. 97 "On the Migrant Workers."

III. Salary, income and living standards

The parties consider necessary to develop and implement a set of measures in the coming period, , providing the right of the worker for the worthy work, increase in real wages, improvement of incomes policy and improving living standards.

For this purpose the parties will promote improvement of the organization of work and salary, professional development of workers, labor productivity growth for the purpose of a sustainable development of economy.

The parties assume the following obligations:

3.1. To continue technical consultation on questions of improvement of methods for determining the minimum subsistence level.

3.2. To continue improvement of system of compensation of civil servants, employees of the organizations financed by the state budget, aimed at raising their salaries.

3.3. To continue work on carrying out technical consultations on ratification of Conventions of the ILO No. 95 "On the Protection of Wages”, No. 26 "On creation of procedures to establish minimum wages" and No. 131 "On the minimum wage Fixing, with special reference to developing countries."

3.4. To provide inclusion of the sizes of raising branch coefficients for the workers occupied on a hard work, works with harmful (especially harmful) or hazardous working conditions in this sector in industry agreements and standard fixing.

3.5. To promote prevention of discrimination in compensation between foreign and domestic workers in performing similar works and corresponding to the same qualification.

3.6. To monitor compliance with the labor laws.

3.7. To carry out the analysis of operating system of the minimum standard of compensation for the workers occupied on a hard work, works with harmful (especially harmful), dangerous working conditions of the relevant field, and to develop offers on its improvement.

IV. Social security and protection, the policy of providing equal opportunities

IV. Social security and protection, policy of granting equal opportunities

For modernization of the social sphere and improvement of living conditions of the population, development of effective and sustainable system of social protection, increase of level of social protection of working citizens, the Parties assume the following obligations:

4.1. To continue work on improvement of system of state standards of social protection for their compliance to the international standards and regulations.

4.2. To continue work on carrying out technical consultations on ratification of the Convention of the ILO No. 102 "Minimum Standards of Social Security."

4.3 . To continue work on formation of adequate protection of workers from social risks on the basis of the insurance principles and to carry out for this purpose the measures aimed at:

ensuring financial stability of system of obligatory insurance of social risks;

improvement of system of administration of obligatory social insurance.

4.4. To develop and implement measures to improve the pension system.

4.5. To take measures for formation of effective system of social support of vulnerable categories of the population.

4.6. To define and realize the measures directed on providing the state guarantees of free medical care.

4.7. To promote distribution of experience of implementation of the corporate social programs directed on maintenance of health on workplace, including prevention of socially significant diseases.

4.8. The Parties agree to hold consultations on the following issues:

development of measures, allowing to provide availability of housing to groups of the population with various level of the income;

state regulation of the prices and tariffs on housing and utilities, improvement of quality and availability of provided services.

4.9 . To carry out measures for realization of gender equality Strategy in the Republic of Kazakhstan for 2006 - 2016 aimed at:

ensuring protection of maternity and the childhood, social support of women, the solution of gender problems in the sphere of the social and labor relations;

support of men and women who are engaged in care of children and their education on equal terms;

increasing the representation of women in decision-making.

4.10. To take part in realization of the actions aimed at implementation of the state youth policy, the solution of tasks on ensuring the social rights of youth in the field of work, education and health protection, creation of conditions for self-realization of social and economic requirements of youth, support and stimulation of a positive public youth initiative.

4.11. Implement measures on ratification of the ILO Convention № 183 "On Maternity Protection», № 156 "On equal treatment and equal opportunities for men and women."

4.12. At the conclusion of industry, regional agreements and collective agreements in the organizations, the basic rights and guarantees of women, youth and persons with limited opportunities have to be provided.

 V. Conditions and labor protection, industrial and environmental safety

Parties to the Agreement, regarding conservation of human resources is a national priority, considering the issues of improving occupational safety and health, industrial and environmental safety, undertake:

5.1. To improve the legislation providing introduction of a control system of professional risks and complex methods of management with labor protection, increase the role of examination of working conditions for creation of safe working conditions, to develop and introduce safe equipment and technologies.

5.2. To take measures on financing the preventive actions directed on training on labor protection, decrease in operational injuries and occupational diseases.

5.3. To prepare and provide realization of measures for improvement of conditions and the labor protection, aimed at decrease of mortality from operational injuries and prevention of occupational diseases.

5.4. To observe and promote the realization of the national policy aimed at effective eradication of the worst forms of child labor.

5.5. To develop a system of monitoring the condition of occupational safety and labor protection, including improvement of the statistical reporting.

5.6. To take measures to promote the ILO Recommendation on HIV / AIDS and the spheres of work (№ 200).

5.7. To improve complex preparation of the personnel on labor protection with use of modern technologies.

5.8. To improve the industrial and environmental safety.

5.9. To continue work on carrying out technical consultations on ratification of the ILO Convention No. 187 "On the OSH management system."

VI. Development of social partnership and social responsibility

The parties consider it necessary to provide further development of social partnership, more effective use of its opportunities at decision-making on the main questions of social and economic development, regulation of the labor relations, and assume obligations:

6.1. To realize the measures directed on increase of a role of the Republican tripartite commission on social partnership and regulation of the social and labor relations (further – the Commission) in coordination of interests of the Parties and to provide:

regular carrying out consultations in the main directions of social and economic policy;

compliance with the rules of the Labor Code of the Republic of Kazakhstan, on the involvement of the Commission in the preparation and discussion of draft laws and other normative legal acts on social, labor and economic relations, taking into account the Commission's opinion on them.

6.2. To continue collaboration in preparation of the offers directed on improvement of legal base of collective and contractual regulation of the social and labor relations and increase of efficiency of permission of collective labor disputes.

6.3. To carry out the following actions:

consultation, monitoring and analysis of the experiences of agreements at the sectorial and regional levels, as well as the practice of social partnership bodies and to consider the results of the analysis at the Commission;

studying and distribution of the international experience of the tripartite commissions on regulation of the social and labor relations, assistance to development of system of social partnership and its institutes at sectorial and regional levels.

6.4. To promote creation of conditions for free activity of representatives of workers in the organizations according to ILO No. 87 Conventions "On Freedom of Association and Protection of the Right to Organize», No. 135 "On the Protection of the rights of workers in businesses and opportunities available to them."

6.5. The Parties undertake:

to take all measures within their power to resolve collective labor disputes, counteraction to violations in the sphere of labor relations;

to conduct joint training sessions to develop the skills and ability to negotiate and to achievement of consensus in labor disputes.

to examine current practice of resolution of individual and collective labor disputes and to make proposals to improve the procedures to prevent labor conflicts, improve the efficiency and availability of existing and development of new mechanisms and forms of their solution;

6.6. The Parties undertake:

to keep further development of initiatives of associations of employers in the field of corporate social responsibility of business, practice of preparation by the organizations of social (non-financial) reports, need of distribution of the International standard of the social responsibility accepted by the International organization of standardization;

to carry out the work with the media to shape public opinion on the social investment of business and examples of successful social partnership;

to take measures aimed at increasing responsibility for the environment.

6.7. To provide participation in work on consideration of the materials concerning holding the competition on social responsibility of business called "Paryz", the review of applications of participants and to identify, moreover to reward its winners.

6.8. To comply with legislation and generally accepted international norms and regulations on non-interference by each other in the activities of trade unions and associations of employers, not hinder the creation and functioning of trade unions and employers' organizations.

6.9. To promote development of the relations with the International Labor Organization, to provide collaboration in implementation of the National program of worthy work in the Republic of Kazakhstan.

6.10. To hold consultations on preparation of offers on ratification by the Republic of Kazakhstan of conventions of the International Labor Organization and other international treaties, and also the analysis of law-enforcement practice of implementation of the ratified conventions.

  VII. The Agreement and control over its implementation

With the purpose of coordination of the Parties ' fulfillment of the provisions of this Agreement, the Parties have agreed as follows:
The parties recognize the Agreement is the main document of social partnership, establishing priorities and actions necessary for the pursuit of a coordinated economic and social policy in the Republic of Kazakhstan in 2012 - 2014.
7.1. At the suggestion of one of the Parties, changes and additions can be made to the Agreement by mutual consent of the Parties. Amendments and additions shall be formalized by separate protocols and shall come into force from the day of signing.
7.2. The agreement serves as a basis for negotiations and the conclusion of sectorial (intersectoral) agreements, regional, territorial (municipal, city) agreements and collective contracts in organizations.

7.3. The obligations of the Parties under the Agreement and recommendations (decisions) of the Commission should be taken into account at the conclusion regional (oblast, city, district), sectorial agreements and collective contracts.

7.4. To accede the Agreement Associations of employers and workers, approving and accepting provisions of the Agreement, shall provide notification in writing form of acceptance on themselves obligations for its execution to authorized government body on labor.

7.5. The General Agreement for the coming years shall be concluded not later than 25 of December 2014 and industrial and regional agreements shall be concluded not later than February 2015.

Associations of employers and workers will take necessary measures for providing the conclusion of collective agreements not later than March of the year.

7.6. Republican associations of the workers, who have signed the Agreement, won't carry out protest action without preliminary consideration and settlement of conflict situations between the Parties at appropriate levels and without special Commission during the action of the present Agreement and implementation of its obligations.

7.7. The Parties develop plan of action to implement the obligations assumed with concrete deadlines and specifying the members of the Commission responsible for the performance, which is an integral part of this Agreement.
7.8. Recommendations (decisions) of the Commission are the form of implementation of this Agreement.

7.9. Control over the implementation of the General agreement shall be carried out in accordance with the Labor Code of the Republic of Kazakhstan, the Regulation on the Republican tripartite Commission on social partnership and regulation of social and labor relations, and the Rules for the drafting and conclusion of the General agreement.
7.10. The working group of the Commission shall prepare information about the course of implementation of the Agreement. The Commission shall review the implementation of the provisions of the Agreement annually.

7.11. In order to cover the activities of the Republican tripartite Commission and the implementation of the Agreement, the Parties shall ensure the regular publication of materials devoted to the development of social partnership and social and labor relations in the Republic of Kazakhstan in mass media.

7.12. This Agreement shall enter into force from 1 January 2012 and is valid until a new agreement.

7.13. General Agreement applies to all employers, regardless of ownership.

7.14. The Parties bear responsibility in case of failure to fulfill the obligations assumed under the Agreement, in accordance with the legislation of the Republic of Kazakhstan.

7.15. The text of the Agreement in two weeks term shall be published in the national newspapers “Egemen Kazakhstan” and “Kazakhstanskaya Pravda”.

  Done in the city of Astana, _______, in 7 copies in the state and Russian languages. Each participant signs one copy of the Agreement.

                      

                          The present General Agreement is signed by:

 On the behalf of the Government of the Republic of Kazakhstan:

 Deputy Prime Minister

Of the Republic of Kazakhstan

E. T. Orynbayev

 

 

 

 Minister of Labor and Social Protection

Of Population of the Republic of Kazakhstan

G.N. Abdykalikova

 

 

 

  On the behalf of Republican Association of Employees:

Chairperson of the Federation of Trade Union of the Republic of Kazakhstan

S.O. Mukashev

 

 

 

 On the behalf of the Republican Association of employers:

 Chairperson

Of the National Economic Chamber of Kazakhstan “Union “Atameken”

A.I. Myrzakhmetov

 

 

 

 

    _____________________________

Chairperson of the Board of Confederation of employers of the Republic of Kazakhstan

K.K. Baikenov

 

 

 

    _____________________________

Executive Director of the Republican Association of mining and smelting enterprises, President of the Union of commodity producers and exporters of Kazakhstan

N.V. Radostovets

 

 

 

 

  

  ______________________________

 Vice- President of the Eurasian Industrial Association

A.I. Makarov

 

 

 

 ______________________________

 

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