Право/
4.Трудовое право, и право социального обеспечения.
Professor
Suleimenova Saule
Doctor PhD Askarova
Aliya
al-Farabi Kazakh
National University, Almaty, Kazakhstan
Safety
and labor protection: concept, principles and general characteristic.
The Constitution of the
Republic of Kazakhstan has assigned health protection as one of the major
citizen rights. Natural derivative of that is also employee right for health
and safe labor conditions, which are also as the separate principles in the
form of legal right are assigned in the article of the Constitution, the right
for labor, for leisure for protection in the anility or in case of illness.
Labor safety — employees protection conditions,
provided by the complex of activities, excluding impact of harmful and (or)
dangerous factors to the employees in the process of labor activity.
Labor protection — system of
provision safety to life and health of employees in the process of labor
activity which includes legal, social and economic, organization and technical,
sanitary and epidemiologic, medical and preventive, rehabilitation and other
activities and tools.
Expressed in a legal form and first of all fixed in a labor legislation,
all these rules are creating an important legal institution of the special part
of the labor law, although it is impossible not to take into account that under
the labor protection in the broadest sense should understand all labor law,
because all its rules are aimed to the protection of all workers interests. In
the narrow sense the labor protection means legal institution of the labor law,
collecting all the rules aimed to the providing of safe for life and health of
the workers labor conditions.
It includes the following groups of rules: technical safety rules and
industrial sanitation; special labor protection rules of persons working in
heavy, harmful and hazardous conditions; labor protection rules of women,
minors and persons with reduced working capacity; rules, regulating the
activities of government supervision and public control, as well as
establishing liability for violations of occupational safety legislation;
rules, regulating the planning and organization of the labor protection.
These rules united by one goal, can be accepted both at local level and
in the centralized order.
Thus, the first four groups should be accepted in the centralized order
to establish integrated standards for harm, gravity and other adverse conditions
in society and the possibility of elimination and neutralization, as well as
rules regulating the activities of government supervision – integrated
authorities within the State. However,
the third party establishes only minimum of guarantees in the centralized
order, which can be raised in local acts on condition of financial
opportunities of enterprises. Rules, regulating the planning and organization
of the labor protection works, on the contrary, in most cases have local
character and contained in collective agreements.
The rules, which are establishing liability for violation of safety
rules, have the special character. Unlike others components, the labor
institution is also comes in other branches of law institution, because
sanctions for the respective offenses are contained not only in labor, but also
in administrative and even criminal areas of law.
Labor safety as labor law institution includes law regulating events.
Any factor affecting the employee during the process of employment, which is able
to have an influence on the performance and health of the employee relates to
working conditions.
The impact of harmful factors on employee can lead to the appearance of
occupational disease. The study of these factors as legally relevant
circumstances is necessary in order to establish a link between occupational
disease and employee work performance. The harmful factors have an instant
impact on employee that leads to employments injury. These factors also act as
legally relevant circumstances during the testing the link between the injury
and employee performance of his job duties.
Work place is a place for employee job duties, where employer is obliged
to create safe working environment. In the cases established by the legislation
the employer is obliged to provide employees with individual and collection
protection things for prevention or reduction of harmful and (or) dangerous
factors, and also protection against pollution. The Certificate of Compliance
is given by the authorized government body as a document certifying the
compliance of the works making in organization to the labor protection
requirements established by the government. Non-performance of these
requirements can become a reason for the involvement of employers and their
representatives to the measures of responsibilities established in the
legislation.
Labor protection has a huge social, economic and legal significance.
Social value of the labor protection is that:
-
it safes the employee health from potential industrial hazards;
-
it is aimed at preserving working capacities and labor longevity of the
person;
-
it promotes cultural and technical growth, as only not overly tired from
work employee can study in the evenings, improve skills, read, sports and
develop personalities;
-
it promotes the humanization of labor, its simplification.
Economic importance of the comprehensive labor protection is that it
promotes: the growth of labor productivity of the employees and thus the growth
of the production, economy; savings of the insurance fund and reduction of
working time losses, because the good labor protection leads to the reduction
of injures, diseases and therefore less sick leaves and compensation of damage
for the harm done to the employee health.
The legal
significance of the labor protection is that: It takes into consideration the work according to the working
conditions, the physiological characteristics of the female body, its parent
functions and physiological features in adolescents, the level of working
ability of disabled persons. Legal status of the citizen includes its basic
right for labor protection and legal status guarantees of this right not only
in the course of work but also in hiring persons requiring special protection.
It is impossible to hire women, teenagers contraindicated for them on medical
bases; Labor protection issues are the subject of the organizational and
administrative relations of the labor collective and labor union committee with
administration, employer, and also social partnership relations at branch,
regional, professional and territorial levels; It is an essential element of
the employment relationship of the employee and the employer under which the
employer (administration) must provide protection on the workplace of the
employee.
According to the
Labor Code of the RK government policy in the field of security and protection
is aimed at: development and adoption of the legal acts of
the Republic of Kazakhstan in the field of labor safety and labor protection; development
of state, branch (sectoral) and regional programs in the field of labor safety
and labor protection; creation and realization of the economic stimulation
system of the development and improvement of the conditions, safety and
protection of the labor, development and introduction of safe equipment and
technology, production and introduction of the equipment and technology,
production of the labor production equipment, individual and collective
protection of employees; monitoring in the field of labor safety and labor
protection; research on labor safety and labor protection problems;
establishing uniform order of the accidents and diseases accounting; government
supervision and monitoring of compliance of the Republic of Kazakhstan
requirements in the field of the labor safety and labor protection; regulatory
consolidation procedure of a public control over observance of the rights and
legitimate interests of employees in the field of labor safety and labor
protection in organizations; protection of the legitimate interests of
employees, affected by the industrial accidents and occupational diseases, and
also their families; establishing the payment terms for hard work and work with
harmful, hazardous working conditions,
not removable at a current technical level and work organization; dissemination
of advanced domestic and foreign experience in order to improve conditions and
labor protection; training and retraining of
the specialists in labor safety and labor protection; ensuring the
functioning of a unified information system in the field of labor safety and
labor protection; International cooperation in the field of labor safety and
labor protection.
Recommended
literature:
1. Mezhibovskaya I.V. International legal aspects of the social security// Legal reform in the field of social
security of RK: development prospects, conference materials.-Almaty: Kazakh
University, 2004.
2. International Labor
Organization. Conventions and recommendations. 1919-1966 . 1st
volume: 1967-2001. Volume, Geneva, MBT, 2002.
3. Uvarov V., Labor
law of the RK. Almaty, 2006.