Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kazakhstan (Ratification: 2000)

Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Committee takes note of the information provided by the Government in its report, indicating that the National Tripartite Commission on Social Partnership (RTK) held 15 meetings from 2012 to 2015. The Government mentions the various labour relations-related topics discussed by the RTK in the course of the five extended meetings held during the first half of 2015, including the implementation plan (2015–17) for the General Agreement between the Government and the social partners, which aims to ensure that political and economic issues are resolved through social dialogue. The Government indicates that the social partners are consulted prior to ratification of ILO Conventions by Parliament. In this regard, the Committee notes that the ratifications of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Protection of Wages Convention, 1949 (No. 95), were registered in 2015. It further notes that, under the General Agreement for 2015–17, the social partners undertook to hold technical consultations on the ratification of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Migration for Employment Convention (Revised), 1949 (No. 97), the Minimum Wage Fixing Convention, 1970 (No. 131), and the Collective Bargaining Convention, 1981 (No. 154). The Committee requests the Government to provide information concerning the content and outcome of the consultations held within the National Tripartite Commission on Social Partnership on the matters related to international labour standards listed under Article 5(1) of the Convention, particularly with regard to items placed on the agenda of the International Labour Conference (Article 5(1)(a)) and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)). The Committee also requests the Government to provide information regarding any steps taken or envisaged, including tripartite consultations, to extending or modifying the General Agreement beyond 2017.

Article 4. Administrative support and financing of training. The Government indicates that in September 2015, under the Action Plan to Organize Public Legal Education on the Basics of Labour Law in Kazakhstan for 2013–15, a total of 24,632 workers from 1,025 organizations received basic instruction in labour law. The Government also refers to the training provided by the Trade Union Federation’s Centre for Training Research and Dispute Resolution, which provides training to trade union members, representatives of state bodies and employers on social and labour relations, promoting mediation to resolve labour disputes. The Committee requests the Government to provide information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention, as well as on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures.

Article 5(1)(b). Prior tripartite consultations on proposals made to Parliament. The Committee refers to its observation on the constitutional obligation of submission and recalls that the Convention requires effective prior consultations to be held on the proposals made to Parliament when submitting the instruments adopted by the Conference, regardless of whether or not the Government intends to propose their ratification. The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to Parliament when submitting the 36 instruments adopted by the Conference between 1993 and 2015.