Nurasheva Bibigul

PhD2 doctoral course of

the Kazakh Humanitarian and Law University

 in Astana, Kazakhstan

 

The role of unions in protecting workers' labor rights of the Republic of Kazakhstan.

The Republic of Kazakhstan - is a democratic constitutional state, which is characterized by active participation of citizens in political life, the existence of forms of direct and representative democracy, the general system of rights and freedoms guaranteed by the Constitution. In particular, p.1st.23 RK Constitution gives every person the right to association, including the right to form trade unions to protect their interests. Freedom of association guaranteed. According to the International Labour Organization Convention № 87 (1948), "On Freedom of Association and Protection of the Right to Organize," workers have the right to establish organizations of their choice, to join such organizations to express and defend their interests. Likewise, this law gives the ILO Convention and entrepreneurs.

Mention of trade unions in the Basic Law of the country is not by accident. It testifies to their special status as the most massive public organization operating in the Republic of Kazakhstan and unites in its ranks about two million trade union members.

The largest of all the trade unions is the Federation of Independent Trade Unions of the Republic of Kazakhstan (TUFRK). In her volunteerism includes 26 national industrial unions, associations and 14 regional alliance of trade unions of the capital - the city of Astana. Their structure includes more than 17 000 primary, 440 city and district, 181 regional trade union organizations [1].

The legal status of trade unions are now determined by the Code and the law of the RK on April 9, 1993 "On Trade Unions". The Act establishes the legal basis for the organization and activities of trade unions, contains provisions that require the bodies of state power and administration, employers, officials of the administration contribute to the production activities of trade unions. The law gave the unions a number of social and labor rights at all levels of their activities, from production to the national level, and establishes the guarantees of these rights.

The main function of trade unions - to represent and protect labor rights and interests of its members. In accordance with the agreements and collective agreements, union committees and employers may decide to organizations and other social and labor and economic issues. In addition to the protective function of the preserved function of trade unions for the implementation of public control over observance of labor legislation (LC st.340 SC) [2, 87].

The union - is a voluntary public association of citizens bound by common industrial and professional interests on the nature of their work created in order to represent and protect their social and labor rights and interests. Its main functions (activities) are representational (at all levels of the organization) and the defensive - to protect and enhance the social and labor rights and interests of workers. The unions have arisen first in the world in the middle of the XIX century in England, then as the most industrialized country, with a protective function for them to defend the professional interests of workers [3, 37].

Despite the fact that trade unions are not a political organization, they cooperate with all political parties, various public associations and movements that actually seek to preserve and expand social protection to citizens of the RK, interact with them in organizing and conducting democratic elections to the authorities .

Its protective function implemented by trade unions negotiate with employers' associations, government, executive power bodies, local authorities, seeking through a system of social partnership to establish the cost of labor in the labor market, creating working conditions that meet safety and hygiene, social safety net for those special needs of the state (for families with children, the disabled, elderly, adolescents, and other categories) [4, 37].

Currently, there is an urgent need for understanding of the legal status and role of trade unions in the modern, independent state and society, which in recent years undergone reform. This resulted in a changing economic and regulatory activities of trade unions. The unions have lost some of the features are numerous their rights, including the jurisdictional nature, have been changing the legal form of their activity. This situation exacerbated an important social problem - the problem of effectiveness of the protective function of trade unions. The effectiveness of the implementation of the protective function of trade unions, trade unions, the definition of state protection of workers' rights, which is directly dependent on the provision of appropriate legal instruments, consolidation and defined in the legislation regulating the market conditions meet the legal form of their activities.

In the literature, identified gaps and legal forms of trade union activities set forth the RK TK, some legal rules governing the protection of trade union rights of workers, constantly discussed the need for legislation to improve the protective function of trade unions. However, recent changes in TC RC substantially the legal status of trade unions are not affected.

At the same time there is a persistent decline in the number of union members in the primary trade union organizations. Trade unions is no one to defend, which further actualizes the question of the effectiveness of the protective function of trade unions. Employees choosing a way to protect labor rights more often opt for self-defense or judicial protection of labor rights.

In some cases, unions do not operate within the legal forms. They have exhausted all means to protect workers' rights without reaching any result, appeal to the President of RK, the Attorney-General RK, indicating that non-compliance with one of the basic principles of labor law, which is to establish the necessary legal conditions for optimal coordination of interests of parties to labor relations and the interests of the State (Article 4 TC Code).

All this, in our opinion, causes the need for a comprehensive scientific analysis of the legal regulation of trade unions and the legal forms by which they protect workers' rights under applicable law. While promoting its core, a protective function. This approach is also due to the fact that the legal status of trade unions is a cross-cutting, because the various branches of national legislation regulating various aspects of their activities. This approach seems to be fruitful and allows for cross-sectoral and interdisciplinary nature of even the kind of research, because the situation of trade unions and their activities are the subject of study not only of legal science, and sociology, economic, etc.

It is generally accepted that trade unions play an important role as social controls in society. The emergence, establishment, development and strengthening of trade unions took place during the last 200 years. The unions have arisen against the law. But the fact that they have been around for over 200 years, suggests that this process is an objective reality. Regardless of whether the state recognizes trade unions as a full participant in public relations or not, they become established fact. The trade union movement has arisen because of the objective reality of having to protect employees in the labor market. From prohibited and persecuted groups of corporate end of the XVII and XIX centuries, beginning today, the trade unions in developed democratic countries have become an essential element of civil society.

In the scientific literature, in most cases, the task of trade unions identified as common problems faced by the then existing political system of society.

 In the works of EA Ivanov, AI Tsepina, A. Schiglika tasks and functions of trade unions are regarded as part and parcel of the political system. At the same time, trade unions, as one of the components of the political system to solve the problems facing the system in general and the trade unions in particular, the use of their specific functions distinct from the functions of other organizations.

The study found that in the scientific literature there is no common understanding and definition, as well as use the terms "task" and "function", which is typical not only for the science of labor law, but also for other social sciences. Thus, the term "function" for many authors is identical to the concept of "role", ie is an expression of the value of trade unions in society. In addition, the functions of trade unions is often referred to as the activities of their bodies, or do any activities of trade unions. Sometimes the tasks and functions are considered as equivalent concepts.

The most reasonable is the position of those writers who in defining the functions of trade unions are based on the provisions of the general theory of law and the state (OI Snigireva, AI Tsepin, N. Ermolov, EA Smith), which has long been developed a definition of the functions of state and law as the main areas of activity. In the general theory of law established the concept of function as the principal directions (and hand) in the activities of the state to address the challenges facing the state at a certain stage of historical development, which expresses the essence of his subject and gives him a social and political characteristics.

The functions of law - is the direction of the legal effects on the will of the people, behavior and social relations. This same point of view of many scientists and came to the functions of trade unions. In spite of some differences existing in the definition of the functions of trade unions revealed, there is the fact that the majority of authors believe that the function of trade unions - is the main, main line, the side of their efforts to solve their problems with vesting certain rights. The above definition of the functions of trade unions did not remove the existing labor law in the science of differences in the names and functions of trade unions. So controversial is the assertion of the individual authors oppose a uniform classification of the functions of trade unions.

 

 

 

References:

1.     www.fprk.kz

2.     Two. Uvarov VN Labour Law of the Republic of Kazakhstan: A Textbook. 2nd ed. - Almaty, Rarity, 2008.-616 p.

3.     Three. Labour Law of the Russian Federation: a textbook / MB Smolensky [and others]. - Rostov N / A: Phoenix, 2011. - 491 p. - (Higher Education).

4.      State and Law, 2005. Number 4