Violations of labor legislation and citizens' rights in labor disputes
As the analysis of judicial practice shows, labor disputes are still one of the socially significant categories of cases, when considering which it is necessary to pay special attention to the observance by employers of citizens' rights to work and the identification of gross violations of labor legislation. According to part 1 of Article 253 of the CPC, if cases of violations of legality are identified at a court hearing, the court has the right to issue a private ruling and send it to the relevant organizations, officials or other persons performing managerial functions, who are required to report on the measures they have taken within one month.
Violations of labor legislation and citizens' rights in labor disputes
By virtue of paragraph 1 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 1 dated June 25, 2010 "On the practice of making private rulings by courts in civil cases," private rulings issued in accordance with the procedure established by Article 253 of the CPC are acts of court response to cases of violations of the rule of law. In order to take measures to respond to violations of labor legislation, the courts issue private rulings and send them to relevant organizations, officials or other persons performing managerial functions to eliminate violations of the rule of law. By a private ruling of the Atyrau City Court dated March 06, 2012 in a civil case against A. et al. The attention of the State Institution "Department for Control and Social Protection of Atyrau region" was drawn to JSC "A" for the collection of wages and the compulsion to transfer pension contributions to the violation of the labor legislation of JSC "A", as a result of which the company was brought to administrative responsibility under part 4 of Article 87 of the Administrative Code and fined. In another case, the Balkhash City Court of the Karaganda region, when considering a civil case against K. On June 20, 2012, a private ruling was issued against the director of LLP "S" on the collection of wages. The court found that K. and two other persons worked in LLP "S" without proper registration of employment contracts. According to paragraph 3 of Article 38 of the Labor Code, in the absence and (or) failure to properly formalize an employment contract due to the fault of the employer, he is liable in accordance with the procedure established by the laws of the Republic of Kazakhstan. In this case, the employment relationship is considered to have arisen from the day the employee started work. The court determined that the above violations of labor legislation should be brought to the attention of the prosecutor of the city of Balkhash and the head of the Department for Control and Social Protection in the Karaganda region for appropriate measures. There are similar examples in other areas. At the same time, in 2012, in the republic, the courts issued only 185 private definitions for the generalized category of cases, whereas in 2011 319 private definitions were issued. This indicates that the courts do not always pay attention to violations of labor laws and citizens' rights. We believe it is necessary to intensify the practice of making private definitions, to constantly and universally respond to any identified violations of the labor rights of employees by the employer.
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