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


Principles of Kazakhstan Labor Law: Overview and Problem Analysis

Author(s): Nurbol Palymbetov, Elmira Omarova, Yenlik Nurgaliyeva, Arman Kaltayeva

This manuscript investigates the extent to which the legal framework in independent Kazakhstan comply with international law instruments applicable in enforcement of the right to treatment of foreign worker in the area of social security. In particular, the manuscript looks at how the social security legal frameworks comply with and promote the international standards of equality of treatment in social security for foreign worker and which specific conditions existing in Kazakhstan that affect the rights to equal treatment in social security for workers. The methods used were doctrinal legal scholarship that applies normative analysis of legal content; the human rights research methodology as emerging discipline that examines the impact of international human rights treaties on domestic jurisdictions; comparative legal analysis and some empirical methods. The results show legal framework of Kazakhstan has inefficient compliance with international and regional instruments relating to equal protection nationals in social security. The manuscript recommends adoption of strong supranational legislation that ratified international instruments to directly and effectively apply in national jurisdictions. In addition, a clear policy is required to compel Kazakhstan to ratify all international instruments affecting country’s objectives such as observance of equal treatment, human rights, social justice, and rule of law.

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