LABOUR RIGHTS INDEX 2022

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Indicator
Trade Union
Countries
LRI 2022
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lri 2022 Country Profiles

Kazakhstan

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 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 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Kazakhstan’s overall score is 82 out of 100. The overall score for Kazakhstan is higher than the regional average observed across Caucasus and Central Asia (79.5). Within the Caucasus and Central Asia, the highest score is observed for Azerbaijan.

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.

Labour Rights Index 2022

84.5/100

LRI Country Score

75/100

Trade Union Indicator

46.92 %

Trade union density rate (%)

74.7 %

Collective bargaining coverage rate (%)

2.27

SDG indicator 8.8.2

5

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

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

No Violation Found

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

Yes

1

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

No Violation Found

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

No Violation Found

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

§137-1(5) of the Labour Code, 2015; Article 402 of the Criminal Code, 2016

A

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 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

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/  

Trade Union Indicator
The trade union 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 2022 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. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

No Violation

Violations

No Violation

Violations

No Violation

Violations

National Labour Legislation
§137-1(5) of the Labour Code, 2015; Article 402 of the Criminal Code, 2016

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.
“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.”