Conciliation commissions. Fundamentals of labour legislation

Programme

Topic 1. Conciliation commissions. Procedure for resolving labour disputes under the new Labour Code

• The concept of conciliation commissions. The role of conciliation commissions in resolving individual labour disputes
• The concept of labour disputes
• Bodies resolving individual labour disputes
• Types of disputes that conciliation commissions are entitled to consider
• Principles and procedural rules of the conciliation commission's work
• Procedure for considering an individual labour dispute in the conciliation commission
• Decision-making procedure in the conciliation commission
• Time limits for applying for consideration of individual labour disputes
• Reinstatement of an employee
• Bodies for considering collective labour disputes:
  • the employer (employers' association)
  • the conciliation commission
  • labour arbitration
  • the court
• Considering a collective labour dispute with the participation of a mediator
• Mediation as a tool for resolving labour disputes
• Duties of the parties and conciliation bodies in settling collective labour disputes
• Specifics of holding a strike as a last resort in resolving a collective labour dispute (conflict)

Review of cases and HR situations

Topic 2. Fundamentals of labour legislation. Latest changes

• The employment contract. Content of the employment contract. The non-competition clause. Terms of conclusion
• Probation on hiring. Changes under the new Labour Code concerning the probation period
• The concept of transfer to another job and how it differs from moving to another workplace
• Types of transfers. Temporary transfer for health reasons. Temporary transfer to another job of pregnant women and employees who have suffered an occupational injury at the enterprise
• Rescission of the employment contract by agreement of the parties, payment of compensation
• Grounds and procedure for rescinding the employment contract on the employer's initiative. New grounds under Art. 52 of the Labour Code of the Republic of Kazakhstan
• Concept and types of working time
• Reduced working hours for certain categories of employees
• Types of rest time and the procedure for establishing them
• Disciplinary liability of employees, procedure for imposing disciplinary liability
• Concept and types of wage systems. The incentive role of wages
• Procedure and timing of wage payment
• Deductions from wages under the new Labour Code
• Concept and types of guarantees
• The concept of compensation payments and how they differ from guarantees
• Payment of social benefit for temporary incapacity for work

Review of HR situations involving disputes arising over:

• Remuneration
• Payment of compensation for business trips
• Payment of severance pay
• Granting annual leave, leave pay and payment of compensation for unused leave on dismissal
• Imposing disciplinary sanctions
• Dismissal of employees of pensionable age
• Dismissal of employees due to staff redundancy
• Dismissal of employees for health reasons
• Dismissal of pregnant women
• Compensation for harm caused to an employee's health
• Recall from and postponement of regular leave
• Unlawful transfer to another job