Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Kazakhstan

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 2015)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 2015)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.

Articles 1 and 4 of Convention No. 26 and 2 of Convention No. 95. Scope of application. Protection of wages. Minimum wages and abatement. The Committee notes that according to section 104(1) of the Labour Code, the minimum monthly wage is set annually in the State Budget Act, at no less than the minimum subsistence level under the terms of section 17(1) of the Act on Minimum Social Standards and Guarantee. Noting that the Labour Code is the main implementing legislation of Conventions Nos 26 and 95 and further to its previous comment under Convention No. 95 on sections 1(43) and 8(2) of the Labour Code that make it applicable only to workers with an employment contract, the Committee notes that the Government does not include in its report any relevant information on this question. In this respect, the Committee also notes that the Government does not respond to the 2017 observations of the International Trade Union Confederation according to which most migrant workers lack written employment contracts and face irregular wage payments, with unjustified deductions, delays, and, in some cases, partial or non-payment of agreed wages. The Committee recalls once again that, in accordance with its Article 2, Convention No. 95 applies to all persons to whom wages are paid or payable, irrespective of the characteristics of their contracts, formal or non-formal (2003 General Survey on the protection of wages, paragraph 392). The Committee urges the Government to take the necessary measures to bring sections 1(43) and 8(2) of the Labour Code in conformity with the Conventions and ensure, both in law and practice, that all workers, including migrant and those persons to whom wages are paid or payable in the informal economy: (i) are covered by national legislation on minimum wages and are not paid at less than the fixed minimum rates, in accordance with Convention No. 26 and; (ii) benefit from national legislation that provides for the protection of wages, including their full and regular payment, in accordance with Convention No. 95.

The Committee is raising other matters in a request addressed directly to the Government.