DISPUTES REGARDING LABOR PAYMENT AND COMPENSATION PAYMENTS OF THE SINGLE EXECUTIVE BODY OF THE LIMITED LIABILITY COMPANY

Authors

  • Gaukhar Dauletbayevna Baikenova

DOI:

https://doi.org/10.52026/2788-5291_2021_66_3_105

Keywords:

labor dispute, wages, compensation, compensation payment, sole executive body, director, manager, amicable agreement, agreement on the settlement of a dispute (conflict) by way of mediation, agreement on the settlement of a dispute by way of a participatory procedure

Abstract

The employee-employer relationship inevitably creates a conflict of interest. In particular, the article deals with the case when the head of the executive body acts as an employee, and a limited liability partnership acts as an employer. Not every labor dispute can lead to a labor dispute in court. However, there are often cases when such conflicts are not resolved by the parties to the employment relationship, and therefore lead to a labor dispute. The article discusses issues related to disputes over remuneration and compensation of the sole executive body of a legal entity in the form of a limited liability partnership. The article analyzes the labor legislation and legislation governing the legal status of the partnership, as well as the rights of the sole executive body. The article provides an analysis of the judicial practice of the Republic of Kazakhstan, and touches upon some problematic aspects of a labor dispute with the head of an organization in the Russian Federation. The statistics of the Supreme Court of the Republic of Kazakhstan make it possible to answer some of the questions posed. The article also discusses the issue of the occurrence of labor disputes in a situation where the sole executive body and the participant of the partnership represented in one person. The procedure for resolving a labor dispute in the event of a labor conflict discussed in detail. The requirements can be declared by the head of the executive body have been analyzed. In view of the existing imperfections in the procedure for considering such disputes in court, the purpose of this study is to improve the procedure for considering labor disputes with the sole executive body of a limited liability partnership.

Published

30.09.2021

How to Cite

Baikenova Г. Д. (2021). DISPUTES REGARDING LABOR PAYMENT AND COMPENSATION PAYMENTS OF THE SINGLE EXECUTIVE BODY OF THE LIMITED LIABILITY COMPANY. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(66). https://doi.org/10.52026/2788-5291_2021_66_3_105