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Do employees have the right to conclude a collective agreement?

The Ministry of labor and social protection of population of the Republic of Kazakhstan, having considered Your appeal regarding the conclusion of the collective agreement, reports the following.

         According to article 156 of the Labor code of the Republic of Kazakhstan (hereinafter – the Code), the parties to the collective agreement 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 and enter into negotiations in the order established by the Code within ten days.

         In accordance with article 156, paragraph 4, of the Code, the parties shall establish a commission on a parity basis for collective bargaining and the preparation of a draft collective agreement. The number of members of the commission, its personnel, terms of development of the project and the conclusion of the collective agreement are defined by the agreement of the parties.

          Workers who are not members of a trade union have the right to authorize a trade union body to represent their interests in relations with the employer.

          If there are several representatives of employees in the organization, they create a single representative body to participate in the work of the commission, discuss and sign the collective agreement.

         Thus, in accordance with paragraph 5 of article 158 of the Code, the evasion of representatives of the parties from participation in the negotiations on the conclusion, amendment, supplement of the collective agreement, or unreasonable refusal to conclude a collective agreement, violation of the terms of negotiations and the failure to ensure the performance of the relevant fee, failure to provide information required for negotiations and monitoring of compliance with the provisions of the collective agreement, or the breach or non-fulfillment of its terms is punishable, established by the laws of the Republic of Kazakhstan (article 97 of the Code of administrative offences of RK).

         On the basis of the above in Your case, employees have the right to initiate the conclusion of a collective agreement in accordance with the procedure established by national legislation.

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