PROCEDURE FOR CONSIDERATION OF INDIVIDUAL LABOR DISPUTES

Abstract

With the entry into force of the new Labor Code of the Republic of Kazakhstan, adopted in 2015, there have been significant changes in labor relations in the procedure for resolving and considering individual labor disputes. Any labor dispute between the parties is considered in two ways: pre-trial and judicial. Regulation of the procedure for consideration of individual labor disputes in the Republic of Kazakhstan is carried out on the basis of relevant legislative acts and orders. Currently, pretrial settlement of labor disputes is increasingly practiced. The desire to resolve disputes out of court is now becoming a «global trend» and is an indicator of the professionalism of the judiciary. Individual labor disputes are an integral part of any labor activity that arises in connection with any contradictions between the employee and the employer. Individual labor disputes arise within the framework of labor relations between an employee and an employer, for example, they are reflected in such aspects of labor activity as wages, working conditions, illegal dismissal, violation of employee rights, etc. Labor disputes are classified according to the subjective composition of the parties, depending on the nature and departmental subordination of the dispute. Every citizen of the Republic of Kazakhstan has the right to protect their labor rights and legitimate interests. The only way to pre-trial settlement of labor disputes is the procedure for resolving in a team by a conciliation commission. However, if the dispute is not resolved within the framework of the conciliation commission, the employee may apply to the court with a claim to protect his labor rights and interests.