LABOUR LAW OF THE MODERN KAZAKHSTAN.

Author:Mukhamadiyeva, Gulzhan N.
Position:Report - Abstract
 
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INTRODUCTION

The modern labour law is not imaginable without inclusion of the guarantees in it providing the rights of the employer in the organization of work. The norms regulating the rights of the employer on the organization of production, labour processes belong to such guarantees; engaging of workers to disciplinary responsibility; indemnification put to the employer with the worker, etc. Thus, the modern labour law has to be considered in two main aspects: As the branch is right, providing guarantees of exercise of work of the worker and application of wage labour by the employer, and also as the branch of the right regulating all extensive sphere of existence of the market of wage labour.

So, the main role of the labour law is that it aligns interests of society, the states, and also workers and employers in scope of wage labour, regulates in this sphere behavior of people taking into account their interests, promotes improvement of working conditions and its results (Gorman & Finkin, 2004; Cox, 1960; Summers, 1988).

The labour law is based on standards of constitutional right which establishes the fundamental principles of the national right, including defines original positions of the labour law. So, the Constitution of the Republic of Kazakhstan in Art. 24 establishes the right to freedom of work, the free choice of a kind of activity and profession, the right for the working conditions meeting safety requirements and hygiene, the right for individual and collective labour disputes with use of the ways of their permission established by the law including the right for a strike, the right for remuneration for work without any discrimination, right to rest, the right for social protection from unemployment. Besides, the Constitution guarantees to workers' duration of operating time established by the law, days off and holidays, the paid annual vacation, the minimum size of the salary. It is important to note that standards of the labour law should not contradict the constitutional norms.

The complex nature of studying of problems of legal regulation of labour rights of the person was based on a research of works of experts in the field of branch jurisprudence, especially in the constitutional, labour law, the right of social security: Atleson, Compa, Rittich, Sharpe & Weiss, 2008; Gorman, Finkin, 2004; Scott, Cafaggi & Senden, 2011; Gregory, 1950; Fudge, 2007. The practical base of a research was made by statistical data, jurisprudence, and also on the declared problem results of the scientific investigations which are carried out by other authors were studied (Seidman, 2007; Kolben, 2009; Compa, 2008).

METHODOLOGICAL FRAMEWORK

The method receives the expression in receptions, tools, ways by means of which influence regarding a research is carried out. The originality of the public relations which are governed by the modern labour law of the Republic of Kazakhstan demands a special method of a legal research. The research technique of the labour law taking place in the modern economic relations of Kazakhstan can be characterized the following signs: A combination of peremptory and dispositive norms in regulation of the labour relations and relations which are immediately connected with labour; a combination of the centralized, local and contractual methods in establishment of working conditions; wide use in regulation of the public relations of social and partner agreements, the collective agreement with engaging of agents of the parties of social partnership; participation of workers in establishment, change of working conditions; unity and differentiation of regulation of application of wage labour; establishment of a special order of permission of labour disputes.

In the modern conditions of the Republic of Kazakhstan, since the moment of exercise of market reforms, a gradual withdrawal from the centralized labour market regulation was carried out, but any state is not dependent on the level of its economic development, a political system, public system cannot refuse the centralized regulation of application of wage labour as it is necessary in any social and economic conditions to guarantee to the worker labour rights, to fix the minimum requirements to realization of the labour relations by the parties of the employment contract. Now, by means of the centralized regulations features of labour process which are not settled by the Labour code of RK are established: A work procedure in dangerous, harmful conditions features of rationing of work, definition of qualification of the worker, etc.

RESULTS AND DISCUSSION

The subject of labour law has a complex structure and represents a combination of social labour relations and relations directly related to labour. The main relation of the subject of labour law is the employment relationship, another, a fairly significant...

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