Paragraph 24 of Plan of measures aimed at joining the top 30 countries of the World Bank's Doing Business rank approved by decree of the Prime Minister of the Republic of Kazakhstan dated July 24, 2014, #105-r, stipulates presentation of methodology for estimation of the "Labor rights' protection" indicator.
However, this methodology has been not developed up to the present day.
Ministry of Health and Social Development of the Republic of Kazakhstan (hereinafter – Ministry) has directed enquiry to the World Bank by letter dated April 3, 2015, # 10-1-21//1909-I to obtain information concerning the status of the matter with determining methodology for estimation of the "Labor rights' protection" indicator.
According to information received from the World Ban they are preparing the enquiry to be directed to Washington concerning the matter with determining methodology for estimation of the "Labor rights' protection" indicator.
Whereas the follow-up study of this indicator is expected the World Bank will not include it into estimation of the Doing Business ranking.
Currently non-availability of methodology for estimation of the "Labor rights' protection" indicator makes it impossible to develop specific proposals on raising this indicator rank.
Nevertheless, Ministry undertakes measures aimed at improvement of labor legislation and awareness-raising work is carried out to explain the application of the labor legislation.
1. Law of the RK On amendments and additions to some legislative acts on the issues of the trade union activities and regulation of labor relations was adopted.
In order to strengthen the prevention of labor rights abuses' risks and to specify the authority of state labor inspector amendments are made in Labor Code and Law On state control and supervision in the Republic of Kazakhstan. In particular, other forms of control of preventive nature, such as visiting a person under control or query for required information were introduced. At that they do not assume initiation of administrative proceedings but procedure for remedy of administrative violation shall be obligatorily clarified to a person under control.
Visiting a person under control will be executed without prior notice and registration in the authorized body for crime statistics and special records.
Besides, within the framework of implementing the Plan of measures aimed at joining the top 30 countries of the World Bank's Doing Business rank by 2016 the Ministry has coordinated the amendments to Law of the Republic of Kazakhstan On state control and supervision in the Republic of Kazakhstan providing for abridgement of time for inspection in the context of compliance with the legislation of the Republic of Kazakhstan on labor and labor safety and security at the construction sites with taking into consideration their technical complexity from 30 days to:
- not more than 5 working days and extension to 5 working days for the facilities related to technically complex ones;
- not more than 4 hours of a working day and extension to 8 hours of a working day or the facilities related to technically complex ones.
With the purpose of excluding the corruption components the procedure for execution of other control form and keeping the departmental records of visits is particularized in the Labor Code of the Republic of Kazakhstan.
These measures will make it possible to achieve both greater efficiency and gains in performance of the state labor inspectors' activities in undertaking measures for prevention and restraint of the labor rights infringement
2. Within the framework of new Code On administrative violations the set of offence elements and kinds of penalties for the labor violations are concretized that will provide of the administrative penalties applying per each kind of violations with taking into consideration the nature and circumstances of the committed administrative violation.
At that, in relation to other violations of the labor code not stipulated by the statutes of Code on administrative violations the instructions on remedy of the revealed violations will be decreed by the state labor inspectors.
These amendments are aimed at weakening of the administrative pressing in relation to employers because the sanctions stipulate the responsibility for committing particular violations of the labor legislation which sufficiently affect the rights of the citizens.
3. The additions entered into the Labor Law of the RK are:
- binding the employers to inform public inspector within five working days from the day of receiving the claim for elimination of the violations revealed by the inspector about the results of these claims' consideration and measures undertaken.
- entitling a public inspector with authorities to execute interactions with the service of labor safety and security and state labor inspection.
- conferring the right of trade unions to:
visit the work places of the trade union members for examination and taking measures aimed at provision of normal work conditions;
be the part of a committee (commission) on labor safety and security to organize joint actions with employers for assurance of the labor protection requirements and prevention of the work-place injuries and occupational diseases.