The Ministry of Labor and Social Protection of the people of Kazakhstan held public hearings on the draft law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Trade Union Activities."
The event was attended by deputies of the Parliament of the Republic of Kazakhstan, representatives of state bodies, republican associations of workers and employers,
The participants of the public hearings discussed the bill, which contains a number of amendments to the three laws and the Labor Code.
Amendments to the national legislation are made in accordance with the Convention of the International Labor Organization No. 87 "On Freedom of Association and Protection of the Right to Organize":
First, under the current legislation, the trade union is formed on the initiative of a group of citizens of the Republic of Kazakhstan at least ten people convoking a constituent assembly (congress, conference), at which the statute is adopted and their bodies are formed.
At the same time, the ILO Committee of Experts calls on the Government of the Republic of Kazakhstan to reduce the minimum requirement for the number of participants to form trade unions, considering this an essential restriction on the freedom to create public organizations.
In this regard, the bill proposes to reduce the number of citizens required in the initiative group of 10 to 3 people.
This amendment is also aimed at developing the trade union movement in small and medium-sized enterprises.
It is suggested that such amendments be made to Article 8 of the Law "On Trade Unions", to Article 10 of the Law "On Public Associations" and to Article 19 of the Law "On Non-Profit Organizations"
The second. The state registration of the trade union is carried out in accordance with the legislation of the Republic of Kazakhstan on state registration of legal entities and registration of branches and representative offices.
Under the current law, trade unions pass the initial registration no later than two months from the date of the founding congress (conference, meeting). After that, the trade union association is given six months to submit copies of documents confirming their status to the body that registered them.
In this case, according to the proposals of trade union associations, as well as ILO recommendations, the draft law proposes to amend Article 10 of the Law "On Trade Unions" and exclude the two-step procedure.
That is, to submit documents necessary for state registration of trade unions will be once, already taking into account compliance with the requirements for trade union associations provided for by the Law.
The bill also contains a number of amendments to the requirements of the ILO.
In general, the main changes and amendments to the legislation on the activities of trade unions, designed to fulfill the international labor standards established by ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organize, were approved.
Negative legal and socio-economic consequences in the event of adoption of the bill are not expected.
The Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan is recommended to continue work on the draft law.