Integrites has the honor to bring to your attention the following information, which we hope may be useful in your company activities.
On 20th day of August 2014, the Ministry of Health and Social Development of the Republic of Kazakhstan approved by its Order №16 a model provision of labor arbitration (not entered into force).
Labor arbitration tribunal is a temporarily acting body established by the parties to collective labor dispute involving persons authorized to resolve a labor dispute at the failure to reach an agreement under the conciliation procedure.
The conciliation procedure is a body established by an agreement between the employer and employees (or their representatives) for the settlement of collective labor disputes through conciliation.
The main goals of the arbitral tribunal for labor disputes will be a pre-trial settlement of collective labor disputes; ensuring the protection of labor rights and legitimate interests of employees and employers.
The parties to the collective labor disputes will now be able to resolve their disputes, not previously settled under the conciliation procedure on the merits. Also, an arbitration tribunal will have the right to liaison with public authorities, to make proposals to the parties of collective labor disputes with respect to the causes and subject of such disputes, and to make a binding for the parties decision (within its jurisdiction).
Additionally, we would like to add that a number of members of labor tribunal, the order of labor disputes resolution should be agreed between the parties. Labor tribunal shall be composed of five members (at least), which may include representatives of public associations, state labor inspector, specialists, experts and other persons. Labor tribunal decision shall be taken no later than seven calendar days from the date of its composition by a simple majority of votes by the members of the tribunal.
This Order comes into force after ten calendar days after its first official publication.
We hope that provided information would be useful for you.
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