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Theses to the speech Minister of LSPP B. Saparbayev at the meeting of the Government on March 19, 2019

Dear Askar Uzakbaiuly, colleagues!

For date, the country's economy employs 6.6 million employees, there are 165 thousand active enterprises. This is an actual problem of any society, including protection of labor rights of citizens and regulation of labor relations.

As you know, the World economic forum included "labor market efficiency" in the list of the global competitiveness index, annually conducts independent surveys among employers.

According to the results of a survey conducted in 2018 by this authoritative organization, Kazakhstan rose from 35th to 30th place among 140 countries. This is the result of systematic work with a balance of interests of the parties regulating labor relations.

In accordance with the Address of the President of the Republic of Kazakhstan dated October 5, 2018, from January 1, 2019, the minimum wage increased by 1.5 times or up to 42.5 thousand KZT (from January 1, 2018, the size of the minimum wage is 28 284 KZT)

The average monthly nominal wage of employees is 176 thousand KZT.

And now let me focus on solving the key tasks in the regulation of labor relations.

The first task. Protection of labor rights of employees, including timely and decent wages.

Currently, the state control is focused on the prevention and reduction of inspections towards honest employers.

Nevertheless, inspections of state labor inspectors showed that not all employers comply with the requirements of labor legislation, which ultimately causes dissatisfaction of employees. Last year, labor inspectors revealed 12 thousand violations.

On special control – the issue of repayment of arrears of wages to employees. In 2018, state labor inspectors revealed wage arrears in 1.2 thousand enterprises in the amount of more than 3.7 billion KZT. As a result of the response measures taken, the rights of more than 32 thousand employees were protected, to whom 3.2 billion KZT was paid.  

Today, according to the local executive bodies, the arrears are 1.7 billion KZT, of which 75% is accounted for by bankrupt enterprises and those in rehabilitation (1.3 billion KZT).

For existing enterprises, the arrears are 410 million KZT to 1.4 thousand employees. The largest arrears account for Aktobe (83.2 million KZT), Zhambyl (72.3 million KZT) Karaganda (51.8 million KZT) regions.    

In this regard, the Akimats need to tighten control over employers on the facts of misuse of the wage fund of workers, setting strict schedules for arrears repayment.

However, in order to enhance the effectiveness of repayment of wage arrears, the ministry is solving the issue of incorporating the requirement of the inspector of labor in the list of the executive documents of judicial officers. This will allow them to be equated with judicial decisions and ensure their enforcement.

Currently, the draft law is under consideration of the Mazhilis of the Parliament.    

I cannot but pay attention to the saving of informal labor relations. Over the past 2 years, labor inspectors identified more than a thousand employers who used the labor of workers without labor contracts.

Taking into account this problem, the ministry initiated the all-republican action "Conclude an labor contract" in 2018-2019. Last year, more than 40 thousand labor contracts were signed within the framework of the action. 

As part of the implementation of the address of the President of the Republic of Kazakhstan dated October 5, 2018, the Ministry, together with local executive bodies, is working to increase the wages of low-paid workers. 

According to the information of akimats of 14 March 184,6 thousand employers increased wages for 958 thousand low-wage workers, of whom 1690 enterprises subjects of large entrepreneurship, 2.5 thousand – medium, 180 thousand of small entrepreneurship. For these enterprises, the average wage of low-paid workers increased by 33% (from 43 thousand to 57.5 thousand KZT).     

At the same time, the low coverage of enterprises is noted in Shymkent, where only 33 large enterprises increased the wages of low-paid workers (97 enterprises with low-paid workers), Mangistau region – 22 (91).

Second task. Ensuring safe working conditions for employees.

In general, the comprehensive measures taken by state bodies and employers in the field of labor protection allowed to maintain a positive trend in industrial injuries.

In 2018, 1,568 people suffered at the enterprises of the republic, which is 6.6% lower compared to the same period last year (2017 – 1,678 people).

The number of sufferers with fatal outcome was 220 people, which is 9.2% lower than the same period last year (2017 – 244 people).  

The main causes of accidents at work were: failure to provide safe working conditions, means of individual and collective protection; not training workers safe methods of work.

At the request of state labor inspectors, employers suspended 100 officials and prohibited the work of 16 production facilities.

Law enforcement agencies received 1 400 materials, which filed 98 criminal cases.

At the same time, the growth of industrial injuries in comparison with 2017 occurred in Karaganda (from 192 people to 224 people) and North Kazakhstan (from 56 people to 82 people) regions.

The increase in deaths occurred in Akmola (from 11 to 17 people), Almaty (from 8 to 13 people) and Turkestan (from 19 to 24) regions.

370 thousand or every fourth (23.0%) were employed in harmful and dangerous working conditions out of the 1.7 million employees of enterprises surveyed in 2017 on working conditions.

Employers' expenses for compensation of employees for work in harmful working conditions are growing. For these purposes, employers allocated 107.7 billion KZT, which is 7.7 % more than in 2016.

In order to strengthen measures to create safe working conditions, akimats need to:

1) adopt regional road maps to reduce occupational injuries and jobs with harmful and dangerous working conditions;

2) identify the regions of the traumatic companies that prevent the growth of occupational injuries, with the preparation in relation to each of them plan measures to prevent injuries;

3) within the framework of the Information company initiated by the Ministry together with social partners in 2019 under the auspices of "Safe labor" to conduct large-scale explanatory work with employers, trade unions to ensure safe working conditions, with the involvement of the media.

In turn, taking into account the existing risks in the field of safety and labor protection, the Ministry has developed a Comprehensive road map to reduce industrial injuries and jobs with harmful working conditions in the Republic of Kazakhstan for 2019-2023.

The road map provides:

1) introduction of a modern occupational safety management system based on prevention, detection, assessment and management of occupational risks at industrial enterprises;

2) improving the efficiency of state, internal and public control over compliance with labor legislation.

Dear Askar Uzakbaevich, please support the approval of this Roadmap at the level of the Government's decision in the first half of this year.

Legislative support of these measures is provided within the framework of the draft Law on regulation of labor relations developed by the ministry (introduction to the Mazhilis in May 2019).

Third task. Adoption of systemic measures to prevent collective labor disputes.

The current situation in the labor sphere is assessed by the Ministry on the basis of the labor risk Map, in which the monitoring covers more than 200 enterprises at risk zone, with more than 100 thousand employees. 

The results of the Map are analyzed monthly with the adoption of response measures, taking into account possible scenarios of the situation development.

The result of this work is a 5-fold decrease in labor conflicts in recent years.

To strengthen the work in this direction, the Ministry has developed a new action Plan for the prevention and resolution of labor conflicts.

Within the framework of the Plan, an Algorithm of interaction between state bodies and social partners for the prevention of labor conflicts has been developed.

Through the efforts of all social partners, employers and employees will be trained in negotiation and consensus-building skills.

The work of employers' associations on the prevention of labor disputes will be activated as much as possible. For this purpose, the Institute of "labor ombudsman" at the republican, industry associations of employers was established.

In order to determine the target indicators for local executive bodies, trade unions and employers to prevent labor conflicts, Askar Uzakbaevich, on your instructions in 2018, Forums were held in the regions, including with your participation in Karaganda. We will continue this work.

This month, with the participation of Deputy Prime Minister Abdykalikova G.N. working meetings with employers of four western regions were held.    

Askar Uzakbaevich, I would like to focus on another issue that requires special attention.  Over the past five years, the number of state labor inspectors reduced by 16 %, from 320 to 268 units. (in 2013, the state labor inspectors transferred to the local executive bodies). Over the past three years, 123 labor inspectors have resigned. In 2018, 113 labor inspectors, i.e. more than 40% of the personnel, were brought to disciplinary responsibility. Therefore, I ask You to give instructions to the Akims of the regions:

(a) take measures to improve personnel structure;

b) and improvement of their qualification.

These are the main directions and results of work on regulation and control over the development of labor relations. Despite the positive dynamics, there are still many issues and problems to be solved in the labor sphere.

It will be necessary to coordinate the efforts of social partners and interested state bodies to solve them.

Thank you for listening.

Changed on 19 March, 2019 - 15:51
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