Article 35 of your own Labor Law states the latest authenticity and you may areas off applying of new collective contract
Effort of creating the new write cumulative agreement and you may tabling they so you can the planning of your fee could possibly get get into sometimes group. The latest write is at the mercy of necessary talk by group out of the fresh new organization while the staff on their own dictate the ways where new write will be discussed. Brand new draft was finalized by payment which have due account for brand new comments and you can proposals ideal (Blog post 34 of your own LL).
This new cumulative contract try ended to possess a term influenced by the fresh parties. Referring for the force on date regarding signing, unless of course offered otherwise by its arrangements. The contract is actually binding upon the latest people and you will remains appropriate and you may proficient at matter-of people change from structure and constitution of the latest dealing with looks of your facilities. The new cumulative contract remains effective into the age of reorganization (amalgamation, merger, section, isolation, transformation) of your organization. The new cumulative agreement is thereafter getting revised into the step of among the activities.
In case of a facilities switching possession, the new validity of one’s cumulative agreement stays for three days. During this time, the fresh events was empowered to begin with bargaining to own achievement off a good the new collective arrangement otherwise storage, modification or supplementing of the established you to definitely. If there is liquidation otherwise personal bankruptcy of your own establishment, the latest cumulative agreement gets incorrect on go out out-of use out of a matching decision regarding your liquidation or case of bankruptcy.
Modifications of and capsules towards the collective agreement during the months of its validity are available only by the common concur of the events based on the techniques specified regarding cumulative agreement. The fresh new agents of the activities was required so you can acquaint the staff for the cumulative arrangement and to have them advised regarding the its fulfillment.
Disagreement settlement
Brand new Labor Legislation regarding Kazakhstan provides for some other payment strategies dependent toward whether the argument is individual or collective. Personal conflict payment are managed mainly of the Work Laws, if you are collective labor disputes was solved in line with one or two legislation, what the law states toward Collective Labor Disputes and you will Effects, while the Labor Law.
Labour Legislation will bring one to disputes can be solved of the agreement anywhere between the brand new functions otherwise from process of law out-of standard jurisdiction (Blog post 97 of one’s LL). Regulations for the Collective Work Issues and you will Effects brings numerous specific likelihood of solving collective work disputes, particularly work arbitration (Post six of the Rules into the Collective Work Conflicts and you will Affects) and you can mediation (Blog post eight of your own Rules into Cumulative Work Problems and you may Strikes).
Based on Article 98 of your Work Law, work conflicts are felt by the a beneficial conciliation fee if the functions reach including arrangement. The brand new conciliation fee is formed towards parity base from the equivalent quantities of representatives of the boss and you may personnel of the a shared choice of one’s activities. The latest employees’ agencies is selected towards the conciliation percentage because of the an excellent standard meeting (conference) of the business. The employer’s agencies is actually designated from the manager of your own establishment. Organizational and you can technical support of conciliation commission will be provided by the brand new little people meet Jak funguje workplace (Post 99 of your LL).
By result of attention, this new payment gets into a choice, that’s awarded for the claimant
The fresh new conciliation fee considers the fresh claimant’s petition within this 3 days off their processing. The option of one’s conciliation fee to the pleasure of the claimant is to be conducted of the unfavorable class in this three days (Post a hundred of your own LL). It is possible to respond to cumulative labour disputes because of a great legal. According to Article 101 of the Rules on Collective Labour Problems and Strikes, whenever group give court an activity getting states out-of work connections, he is excused of percentage of one’s judge expenses on social funds (county charge and you can will cost you related so you’re able to demonstration).