Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Kazakhstan (Ratification: 2001)

Autre commentaire sur C098

Observation

Demande directe

2017
2014
2005
2004
2003

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Article 2 of the Convention. Adequate protection against acts of interference. The Committee had previously requested the Government to provide information on the application in practice of sections 145 and 154 of the Criminal Code (2014), pursuant to which cases of interference in the functioning of social organizations and/or trade unions are punishable by a fine or imprisonment. The Committee notes that the Government once again refers to section 25 of the Law on Trade Unions (2014), which prohibits interference in trade union internal affairs, and to sections 77 and 97 of the Code on Administrative Breaches, setting up penalties for interference in the activities of social organizations and trade unions, but provides no information on their application in practice. The Committee therefore once again requests the Government to provide information on the application of the abovementioned legislative provisions in practice.

Article 4. Promotion of collective bargaining. The Committee had previously requested the Government to amend section 289 of the Labour Code (2007), which provided that demands of workers concerning the establishment (or change) of labour conditions and wages, the conclusion, modification and implementation of collective agreements are formulated and approved by a general meeting (or conference) of employees, as it considered that such a requirement may constitute an obstacle to the exercise of collective bargaining rights by trade unions and that a representative union should have the right to present its demands to the employer without prior approval by an enterprise workforce. The Committee notes that according to section 156(5) of the new Labour Code, which entered into force on 1 January 2016, a draft collective agreement prepared by the commission set up for the purpose of collective bargaining shall be subject to mandatory discussion by workers, following which, on the basis of comments and proposals, the draft collective agreement shall be refined.