Kazakhstan

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Kazakhstan’s overall score is 86.5 out of 100. The overall score for Kazakhstan is lower than the regional average observed across Caucasus and Central Asia (83). Within the Caucasus and Central Asia region, the highest score is observed for Azerbaijan (90.5).

Kazakhstan ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 2000 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 2001.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§23 of the Constitution 1995; §3, 13 & 16 of the Trade Union Law № 211-V, 2014

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§20 & 156-158 of the Labour Code, 2015

Does the law provide for the right to strike?

Yes

1

§24 of the Constitution 1995; §171-178 of the Labour Code, 2015; §16, 17 and 21 of the Trade Union Law № 211-V, 2014

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§137(5) of the Labour Code, 2015; Article 402 of the Criminal Code, 2016; ITUC Global Rights Index 2024 (Kazakhstan Profile)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §23 of the Constitution 1995; §3, 13 & 16 of the Trade Union Law № 211-V, 2014

Information

Source: §20 & 156-158 of the Labour Code, 2015

Information

Source: §24 of the Constitution 1995; §171-178 of the Labour Code, 2015; §16, 17 and 21 of the Trade Union Law № 211-V, 2014

A : National Law

National Labour Legislation

"Article 171. The right to strike 1. If the resolution of the collective labor dispute is not achieved through conciliation procedures, as well as in cases where the employer evades the conciliation procedures or does not fulfill the agreement reached during the resolution of the collective labor dispute, the workers may decide to strike. 2. The decision to hold a strike is made at a meeting (conference) of workers (their representatives). A meeting of workers is recognized as legal if more than half of the total number of employees of the organization participate in it. The conference is recognized as legitimate if at least two-thirds of the delegates elected by the workers participate in it in accordance with protocol decisions. It is assumed that the decisions of the meeting (conference) of workers were made by the majority of the voters. When it is not possible to hold a meeting (conference) of workers, the representative body of workers has the right to approve its decision by collecting the signatures of more than half of the workers who support the strike. 3. The strike is managed by the body (strike committee) authorized by the workers (their representatives). If the workers of several employers (their representatives) make the same demands and declare a strike, it can be managed by a joint body formed by the same number of these workers' representatives. 4. Participation in the strike is voluntary. No one can be forced to participate in a strike or to refrain from participating in a strike. 5. Persons who force workers to participate in a strike or refuse to participate in a strike shall be liable in accordance with the procedure established by the laws of the Republic of Kazakhstan."

Information

Source: §137(5) of the Labour Code, 2015; Article 402 of the Criminal Code, 2016; ITUC Global Rights Index 2024 (Kazakhstan Profile)

A : National Law

National Labour Legislation

"Article 137-1. The procedure for the implementation of activities on the provision of personnel services 5. To send employees of the sending party to the receiving party to perform the work, the following: 1) replacement of workers participating in the strike in accordance with the procedure established by the legislation of the Republic of Kazakhstan; 2) replacement of workers who refuse to perform work in the conditions and in the order established by the labor legislation of the Republic of Kazakhstan, except for the deterioration of the worker's health; 3) in order to save jobs when employees are threatened with dismissal, it is not allowed in cases of idling, implementation of bankruptcy procedure, introduction of part-time work regime. Criminal code "Article 402. The actions, provoking to continued participation in the industrial action, recognized by court as illegal 1. Calls for continued participation in a strike recognized illegal by the court, committed in public or with the use of mass media or telecommunications networks, as well as bribery of employees for this purpose – shall be punishable by a fine in the amount of up to 200 monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to 200 hours, or by arrest for a term of up to 50 days. 2. The same actions, inflicted substantial harm to the rights and legal interests of citizens or organizations or legally protected interests of society or the state or entailed the mass disorders, - shall be punishable by a fine in the amount of up to 2,000 monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to 500 hours, or by restraint of liberty for a term of up to two years, or by imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to two years or without it.""

C : ITUC

ITUC Global Rights Index (country legal profile)

"According to Article 402 of the Criminal Code (2016), incitement to continue a strike declared illegal by the court is punishable by up to one year in prison, and in certain cases (substantial damage to the rights and interests of citizens, mass unrest, etc.) by up to three years in prison. In May 2020, this section was amended and now provides for additional penalties. Anyone who calls, through the media or in public, to continue a strike that has been deemed illegal by the courts shall be punished by a fine or correctional labour or community service of up to 200 hours or arrest of up to 50 days. Where such a call is deemed to have caused significant damage to the legitimate interests of citizens or organisations, or to the interests of society or the state, or to have led to unrest, the accompanying penalty may be up to 500 hours of community service or imprisonment of up to two years. Restrictions may be added to the right to hold certain offices or engage in certain activities for a period of two years."