Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Labor Disputes in Kazakhstan: Results of Legal Regulation and Future Prospects

Author(s): Zhanna Khamzina, Yermek Buribayev, Pernebay Almaganbetov, Amantay Tazhmagambet, Zaure Samaldykova, Nurlan Apakhayev

The article analyzes the system settlement of labor disputes in Kazakhstan, its specific regulatory features and problems arising in the practice of resolving labor conflicts. The manuscript reviews and assesses the new model of the system for resolving an individual labor dispute, which has been in effect since January 1, 2016, with an emphasis on the existing legal regulation of the institution of labor disputes and, as a result, summarizing and formulating proposals for its improvement. The recommendations of the research are aimed at optimizing the mechanism for resolving labor disputes in Kazakhstan, ensuring decision-making on labor disputes by experts in this field, reducing the time for consideration and resolution of disputes, and relieving social tensions by introducing alternative conciliation procedures. This article argues that there is a need to rethink mechanisms for resolving individual disputes in order to increase their effectiveness. This happens in three stages. Firstly, we look at the current state of labor regulations in Kazakhstan’s legislation in terms of legal form and practice and assert that the current mechanisms are poorly equipped to promote labor standards. Second, we are exploring ways to improve dispute resolution. Based on a review of current practice, we argue that the elements of mandatory pre-trial settlement of disputes are not enough to effectively enforce labor rights. We argue that in order for labor relations to be effective, the existing dispute resolution model must be complemented by new alternative dispute resolution methods. Thirdly, we are discussing options for creating special labor courts.