ON THE ISSUE OF DEPARTMENTAL SUBORDINATION AND JURISDICTION OF LABOR DISPUTES IN THE REPUBLIC OF KAZAKHSTAN

Authors

  • Marianna Ivanovna Dyachuk
  • Aigul Umirzhanovna Kalieva

Keywords:

employee, employer, labor relations, labor dispute, individual labor disputes, collective labor disputes, conciliation commissions, jurisdiction of labor disputes

Abstract

This article analyzes the concept and classification of labor disputes. In accordance with the current legislation of the Republic of Kazakhstan, the peculiarities of a labor dispute, including the procedure and stages of its consideration, are characterized. Also, the article is devoted to the consideration of some problematic issues of labor and collective disputes in court, the resolution of labor disputes in a special manner.

The article presents the sources of labor disputes, including objective and subjective factors. In addition, a distinction has been made between individual and collective labor disputes. Thus, the theory of labor law identifies three main bases for classifying labor disputes: by subjects, content, and type of disputed legal relationship. It also reveals the division of labor disputes by subject, content, and legal relations, which in turn is emphasized in more detail by the author.

The author of the article noted the importance of procedural value in determining the jurisdiction and jurisdiction of civil cases in the resolution of labor disputes. In this regard, the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of the application of legislation by the courts in resolving labor disputes”, which was adopted in order to ensure the unity of the practice of application of labor legislation by the courts, was considered.

The author also analyzed the norms of the Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V regarding the creation of conciliation commissions that deal with individual labor disputes.

The article is addressed to scientists, teachers, undergraduates, doctoral students and students of law schools and faculties who are interested in problems in this field.

 

Published

30.06.2020

How to Cite

Dyachuk М. И., & Kalieva . А. У. (2020). ON THE ISSUE OF DEPARTMENTAL SUBORDINATION AND JURISDICTION OF LABOR DISPUTES IN THE REPUBLIC OF KAZAKHSTAN. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(60). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/173