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Is the employer obliged to conclude a collective agreement with employees?

In accordance with the Labor code of the RK, a collective agreement is concluded when one of the parties applies to the other with an initiative to conclude it.

The parties to the collective agreement in accordance with article 156 of the Labor code are the employer and employees represented by their representatives authorized in the prescribed manner.

The proposal for beginning of collective bargaining and concluding of collective bargaining may come from either party.

The party which has received the notification of the other party with the offer to start negotiations on the conclusion of the collective agreement, is obliged to consider it within ten days and to enter into negotiations in the order established by the Code. 

On this basis, if the employees (their representatives) apply to the employer with a proposal for its conclusion, the employer is obliged to start negotiations on its conclusion.

Accordingly, if such an initiative is not received from employees, then such an obligation does not arise from the employer.

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