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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kazakhstan (Ratification: 2001)

Article 2 of the Convention.Adequate protection against acts of interference. In its previous comments, the Committee requested the Government to provide information on the application in practice of sections 145 and 154 of the 2014 Criminal Code, under which acts of interference in the functioning of social organizations and/or trade unions are punishable by a fine or imprisonment. The Committee notes with regret that, once again, the Government does not provide information in this respect. The Committee therefore once again requests the Government to provide information on the application of the above-mentioned legislative provisions in practice.

Article 4.Right to collective bargaining. In its previous comments, the Committee requested the Government to amend section 20 of the Labour Code, in order to ensure that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives. Noting with regret the absence of a Government’s reply, the Committee requests once again the Government to amend section 20 of the Labour Code in consultation with the social partners in order to bring it into conformity with the Convention and so as to eliminate the contradiction with other provisions of the Labour Code, notably section 1(44) providing that workers are represented by trade unions or, in absence thereof, by other elected representatives. The Committee requests the Government to indicate all steps taken to that end.

In its previous comments, the Committee noted that pursuant to section 97(2) of the Code on Administrative Breaches (2014) and 158(5) of the Labour Code, an unfounded refusal to conclude a collective agreement is punishable by a fine of 400 monthly calculation index (MCI). The Committee recalled that legislation that imposes an obligation to achieve a result, particularly when sanctions are used in order to ensure that an agreement is concluded, is contrary to the principle of free and voluntary negotiation and requested the Government to take the necessary measures to ensure full compliance of the legislation with the above-mentioned principle and to provide information on the application in practice of the referred provisions, in particular on offences committed and penalties applied. Noting with regret the absence of a Government’s reply, the Committee once again requests the Government to take the necessary measures in order to ensure the full conformity of the legislation with the principle of free and voluntary negotiation. The Committee also requests the Government to provide information on the application of the above-mentioned provisions in practice, in particular on the offences committed and the sanctions applied.

Promotion of collective bargaining in practice.The Committee requests the Government to provide information on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements.