The Role of Trade Unions as a Subject of Social Partnership in the Settlement of Labor Disputes

Asem M. Rakhimova, Asel K. Kaishataeva
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引用次数: 1

Abstract

The most important actor of the system of social partnership are trade unions, which often act as democratic institutions of society. The aim of the study is to determine the role of trade unions as a participant in social partnership in the system of settlement of labor disputes in Kazakhstan, using the experience of foreign countries as an example, creating a mechanism for social protection of workers in the form of a balanced system of state and market regulators and strengthening the role of trade unions in the occupational safety management system. The following methods were used as methods of scientific research: analysis of literary sources, the study of regulatory legal acts, special legal, comparative legal. The author focuses on the problems faced by employees in resolving labor disputes. The labor legislation of Kazakhstan regulates the procedure for issuing acts of an employer, preparing a draft collective agreement, the procedure for resolving labor disputes, etc. All this should be conducted taking into account the opinion or in agreement with the representatives of employers, but today, as practice shows, all these procedures take place without proper coordination, especially in commercial enterprises with a non-state form of ownership. According to the author, the regulation of labor disputes is just the direction where there is close interaction between trade unions and the state is a clear manifestation of social partnership.
工会作为社会伙伴关系主体在劳动争议解决中的作用
社会伙伴制度中最重要的角色是工会,它们往往是社会的民主机构。这项研究的目的是确定工会作为社会伙伴关系参与者在哈萨克斯坦解决劳资纠纷制度中的作用,以外国的经验为例,以国家和市场监管机构的平衡制度的形式建立工人的社会保护机制,并加强工会在职业安全管理制度中的作用。本文的科学研究方法包括:文献来源分析、规制法律行为研究、特别法研究、比较法研究。作者着重讨论了员工在解决劳动争议时所面临的问题。哈萨克斯坦的劳工立法规定了发布雇主法令的程序、编制集体协议草案的程序、解决劳资纠纷的程序等。所有这些都应考虑到雇主代表的意见或征得他们的同意,但今天,实践表明,所有这些程序都没有适当的协调,特别是在非国家所有制的商业企业中。笔者认为,劳动争议规制正是工会与国家密切互动的方向,是社会伙伴关系的明确体现。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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