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

Kazakhstan

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2001)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2001)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control of the labour inspection system by a central authority. The Committee notes the Government’s indication in its report that pursuant to the Act of 8 July 2024 on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan, the functions of state monitoring of labour relations were transferred from local executive authorities to the Ministry of Labour and Social Protection, with the creation of territorial departments of the State Labour Inspectorate Committee. The Government adds that Resolution No. 628 of 6 August 2024 established the State Labour Inspectorate Committee, and that this Committee has a central office with four departments and 20 territorial departments. The Committee requests the Government to indicate in detail how the Ministry of Labour and Social Protection ensures supervision and coordination of the labour inspectorate and to provide further information on the role of the central Labour Inspection Committee and its newly created departments (4) and territorial departments (20) in this respect.

Articles 5(a) and 17 of Convention No.81 and Articles 12(1) and 22 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system. The Committee notes the Government’s indication that 527 files related to the investigation of accidents have been forwarded to law enforcement agencies, resulting in 87 criminal cases. While noting this information, the Committee requests the Government to continue to provide statistical information on the number of cases submitted to judicial bodies, and to include detailed information on the nature and results of such cases, including specific information on any civil or criminal sanctions imposed against employers.

Articles 10 and 11(1)(b) and (2) of Convention No. 81 and Articles 14 and 15(1)(b) and (2) of Convention No. 129. Human resources and material means of the labour inspectorate. Following the Committee’s previous request, the Government indicates that as of August 2024, there were 299 state labour inspectors working in the country (258 in August 2023), including 223 men and 76 women. The Government also indicates that there are 46 specialized vehicles (38 in 2023 and 33 in 2021) provided for the territorial units of the labour inspectorate. At the same time, reimbursement of travel expenses is provided where it is necessary to visit enterprises in areas where no territorial departments are located. The Government further indicates that the number of labour inspectors is evenly distributed across the 20 regions, depending on the number of enterprises in operation and the number of employees. The Government indicates the total number of enterprises in operation across the country is more than 421,000, with 6.9 million employees, although the Committee also notes the ITUC observation that there are 1.3 million small and medium size businesses and 2400 large businesses operating in the country. Owing to the small number of labour inspectors, the Government states that it is not possible to divide their work based on economic sectors. The Committee also notes the Government’s indication that at present, more than 24,000 technical occupational safety inspectors carry out public monitoring of occupational safety and health. In its observations, ITUC indicates that labour inspection services in Kazakhstan are hampered by a chronic shortage of material resources and an insufficient number of labour inspectors. According to ITUC, there is an urgent need to recruit more labour inspectors and provide them with sufficient material, financial and operational resources, including training and skills development, to ensure the proper functioning of the labour inspectorate. The Committee requests the Government to continue to provide information on the number of labour inspectors and to indicate the measures adopted in order to increase the staff of the labour inspectorate to ensure the effective discharge of its duties. The Committee further requests the Government to indicate: (i) the geographical distribution of labour inspectors, in particular with regard to the coverage of rural areas as well as small and medium size enterprises; and (ii) the transport facilities and office space at their disposal. Lastly, the Committee requests the Government to provide further information on the role and tasks of the technical occupation safety inspectors and to indicate how they relate to the central structure of the labour inspectorate.

Articles 12(1)(a) and 15(c) of Convention No. 81 and Articles 16(1)(a) and 20(c) of Convention No. 129. Inspections without previous notice.Duty of confidentiality in relation to complaints. The Committee notes the Government’s reference to section 10 of the Law on Civil Service which provides that civil servants shall not reveal state secrets and other legally protected secrets, including after the termination of public service, for a period of time prescribed by law. The Committee further notes that in the written information submitted by the Government to the Conference Committee in May 2024, the Government indicated that in 2023, the labour inspectorates had conducted 6,927 on-site inspections of compliance with the labour legislation and that, of those, 173 inspections had been carried out on a scheduling order and 6,754 inspections on the basis of applications received. Noting the restrictions imposed by the Entrepreneur Code on inspections without prior notice, the Committee once again recalls the importance of undertaking a sufficient number of unannounced inspections to ensure that when inspections are conducted as a result of a complaint without prior notice, the fact of the complaint is kept confidential. Therefore, the Committee once again requests the Government to indicate the measures adopted in order to ensure that labour inspectors treat as absolutely confidential the source of any complaint and that no intimation is given to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. In addition, the Committee once again requests the Government to indicate whether the source of any complaints indicating a defect or breach of legal provisions falls into the scope of application of section 10(10) and (11) of the Civil Service Act.

Matters specifically relating to labour inspection in agriculture

Articles 6(1) and (2) and 18 of Convention No. 129. Activities of the labour inspection services in occupational safety and health in agricultural undertakings. Following its previous request, the Committee notes the Government’s indication that: (i) labour inspectors conduct joint investigations of accidents at hazardous industrial enterprises with inspectors for state oversight in the field of industrial safety and the fire protection service; (ii) work is ongoing to introduce additional self-regulatory tools for enterprises to ensure safe working conditions; (iii) in order to exercise public oversight, more than 18,000 works councils for occupational safety and health have been established. These consist of an equal number of employers’ and employees’ representatives and include technical occupational safety inspectors; and (iv) the works councils organize joint action by employer and employees to ensure occupational safety and health, prevent industrial injuries and occupational diseases, and also organize inspections of working conditions and occupational safety in workplaces by technical occupational safety inspectors. The Government also refers to the number of prohibition orders issued, and the number of accidents investigations initiated, and cases sent for prosecution. However, the Committee notes that the Government does not specifically refer to the measures adopted with respect to the agricultural sector. The Committee requests the Government to provide information on the number of inspections conducted in the agricultural sector and the number and nature of measures with immediate executory force adopted in relation to agricultural undertakings.

Article 9(3) of Convention No. 129. Training for labour inspectors in agriculture. The Committee notes the Government’s indication that in 2023, training of state labour inspectors was conducted at the National Occupational Safety Research Institute of the Ministry of Labour and Social Protection and its regional branches. For this purpose, a training programme was developed on the application of labour legislation, and the implementation of the function of state oversight. In 2023, 32 labour inspectors underwent full-time training while in 2024 there were four inspectors that attended such training. While taking note of this information, the Committee once again requests the Government to provide information on training sessions intended specifically for labour inspectors performing their functions in the agricultural sector, on the number of labour inspectors receiving such training at each session, the subjects covered, and the duration of such sessions.