Labor disputes over payment of wages
The labor legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of the Labor Code of the Republic of Kazakhstan, laws and other regulatory legal acts of the Republic of Kazakhstan. Disagreements between an employee and an employer on the application of the labor legislation of the Republic of Kazakhstan, the fulfillment of the terms of an employment contract, and acts of the employer, as a rule, are not settled in a pre-trial manner and these disputes become the subject of consideration in court.
Often, along with demands for the restoration of violated labor rights, demands are made for compensation for moral damage, for example, caused by delayed payment of wages, etc. In such cases, when resolving claims for compensation for moral damage, the courts, in addition to the above-mentioned normative legal acts, are guided by Articles 141, 951, 952 of the Civil Code, the Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 7 dated 11/27/2015 "On the application by courts of legislation on compensation for moral damage."
In violation of the requirements of Articles 33, 34 of the Labor Code, an employment contract is not drawn up, and there is no registration of employment documents. Layoffs of employees are carried out with gross violations of labor laws, the issuance of a work record and payment of wages are delayed, not to mention benefits and payment for unused vacation. These circumstances complicate the consideration of the case and lead to a delay in the proceedings, despite the shortened time frame.
It should be noted that when applying to the court, the violated rights (usually of the employee) are restored in most cases. Common reasons for non-payment of wages by employees are the financial insolvency of the employer, which is why lawsuits are becoming widespread.
At the same time, some errors in the application of the rules of procedural and substantive law in the consideration of cases in this category are allowed. According to a number of absentee decisions on the recovery of wages made by the judges of the Almaty District Court of Astana, Court No. 2 of Uralsk, both the plot of the case and the reasoning part are set out very briefly, without reference to specific evidence and substantive law, on the basis of which the court satisfied the claim.
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