Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Protection of Wages Convention, 1949 (No. 95) - Kazakhstan (Ratification: 2015)

The Committee takes notes of the Government’s first report on the application of the Convention. It also notes the observations of the International Trade Union Confederation (ITUC), received in 2017.

Article 2 of the Convention. Scope of protection. The Committee notes the Government’s indication, in its first report, that no workers are excluded from the application of the Convention. However, the Committee notes that, pursuant to its sections 1(43) and 8(2), the Labour Code is only applicable to workers with an employment contract and that, consequently, workers without an employment contract would not benefit from the protection of wages provided for in the Labour Code. Moreover, the Committee notes that the ITUC reports that most migrant workers work without a written employment contract. The ITUC considers that the Government has failed to ensure that migrant workers are paid their wages regularly and without unjustified deductions and delays. The ITUC refers to cases where migrant workers only receive a part of the amount of wages agreed orally prior to the start of work or sometimes never receive the amount due to them. The ITUC also raises issues related to repayment of advances and deceptive recruitment practices. The Committee points out that similar concerns have been examined in its observation adopted in 2018 on the application of the Forced Labour Convention, 1930 (No. 29). The Committee recalls that, in accordance with Article 2, the Convention applies to all persons to whom wages are paid or payable, irrespective of the characteristics of their contracts, formal or non-formal (2003 General Survey on the protection of wages, paragraph 392). The Committee therefore requests the Government to provide information on any measures taken or envisaged to ensure that those who perform work without an employment contract, including migrant workers, benefit from the protection of their wages, including their full and regular payment.

Article 7. Works stores. The Committee notes the information provided by the Government on the legislation in place to ensure that employers are prohibited from restricting workers’ freedom to dispose of their wages at their own discretion, including by compelling workers to use the employer’s shops and services, thereby giving effect to Article 7(1). At the same time, the Committee recalls that Article 7(2) calls for the adoption of appropriate measures where access to stores other than works stores is not possible, with the object of ensuring that goods are sold and services provided at fair and reasonable prices, or that stores established and services operated by the employer are not operated for the purpose of securing a profit but for the benefit of the workers concerned. In the absence of information on the measures adopted in this regard, the Committee requests the Government to indicate how effect is given to this provision.

Article 15(d). Maintenance of payroll records. The Committee notes that the Government does not provide information on whether the national laws or regulations provide for the maintenance, in all appropriate cases, of adequate records in an approved form and manner, in accordance with Article 15(d). The Committee requests the Government to provide information in this regard.