Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Kazakhstan

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2001)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2001)

The Committee notes the observations of the International Trade Union Confederation (ITUC) on the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), received on 1 September 2021.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Legislation. The Committee notes the adoption of the Labour Code No. 414-V ZRK of 2015.

Articles 3(1)(a) and (b) of Convention No.81 and Articles 6(1)(a) and (b) of Convention No.129. Preventive functions of labour inspection. The Committee previously noted the Government’s indication that the Labour Code was amended to provide for state control “in other forms” based on criteria jointly approved by the labour inspectorate and a body representing employers. In this regard, the Committee notes that the Government does not clarify whether “other forms of control” refers to preventive inspection visits. The Committee notes that section 191(5) of the Labour Code provides that state control over compliance with labour legislation is carried out in the form of inspection and other forms of control.

The Committee further notes the Government’s indication that, following a raft of initiatives taken by governmental bodies and employers over the past five years (2016-2020) in relation to occupational safety and health (OSH), a positive trend in the creation of safe working conditions has been established insofar as the number of industrial accidents has decreased by 10 per cent (from 1,683 to 1,503) and the number of related deaths by 16 per cent (from 248 to 208). Furthermore, it indicates that since 2019, proactive and preventive inspection visits have been routinely conducted at enterprises with the aim of preventing violations of labour legislation, including in relation to OSH. According to the Government, these visits take place in sectors more likely to generate injuries, namely mining and quarrying, construction, electricity generation, transmission and distribution, water supply, sewerage and waste management, farming, forestry and fishing, manufacturing industry, transport and warehousing. The Committee notes that in 2020, State labour inspectors carried out 113 preventive inspections. The Committee requests once again that the Government clarify the meaning of “other forms” of state control; it also requests the Government to continue providing information on actions taken to augment the creation of safe working conditions.

Article 4 of Convention No.81 and Article 7 of Convention No.129. Supervision and control of the labour inspection system by a central authority. In its previous comment, the Committee noted that under Law No. 102 – VRK of 2003 on the division of power between state bodies, the functions of the State labour inspectorate were transferred to executive bodies at the local level.

The Committee notes that, in relation to its request on the organization and functioning of the labour inspection system following the transfer of labour inspection functions to the executive bodies at the local level in accordance with the Law No. 102 – VRK of 2013, the Government refers to section 16 of the Labour Code. According to this section, the authorized state body for labour organizes the public supervision of compliance with national labour legislation and also coordinates the work of local labour inspection services. In addition, the Government indicates that the overall leadership of the Labour Inspectorate activities is exercised by the Chief State labour inspectors, who sit on the Committee for Labour, Social Protection and Migration of the Ministry of Labour and Social Protection (the Committee). The Committee’s Chief State labour inspectors provide guidance and coordinate the activities of the local executive authorities to regulate labour relations by requesting information on labour relations from local labour inspectorates, coordinate the activity of State bodies to develop technical regulations on OSH, and coordinate and cooperate on OSH with other State agencies and representatives of workers and employers. Recalling that Article 4 of Convention No. 81 requires that labour inspection be placed under the supervision and control of a central authority, the Committee requests the Government to provide further information on the manner in which the work of the inspection services in local authorities is monitored, supervised, and effectively controlled by the central authority for labour inspection.

Articles 5(a) and 17 of Convention No.81 and Articles 12(1) and 22 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system. In its previous comment, the Committee noted that the number of proceedings instituted appeared to be low in relation to the number of cases reported, and that the Government had not provided the requested information in relation to cooperation with the judicial authorities. The Committee notes the Government’s information that in 2020 labour inspectors conducted 4,439 inspections, in the course of which 7,260 violations were found, of which 5,001 concerned labour relations, 2,096 OSH, and 163 public employment issues. Employers were issued with 2,614 orders and 1,090 fines. In addition, a total of 496 accident investigation files were sent to the law enforcement authorities, resulting in 56 criminal proceedings. However, the Committee notes that the Government still does not provide information in relation to cooperation with the judicial authorities as requested. The Committee once again requests the Government to indicate the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (which could include joint meetings to discuss practical aspects of cooperation, joint trainings on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.). The Committee further requests the Government to continue to provide statistical information on the number and nature of offences reported, the number of penalties imposed, the amounts of fines imposed and collected, and information on criminal prosecutions, if any.

Articles 6 and 7(1) and (2) of Convention No.81 and Articles 8 and 9(1) and (2) of Convention No.129. Status and conditions of service. Conditions for the recruitment of inspection staff. Following its previous comment, the Committee notes the Government’s indication that the selection and appointment of candidates for the post of State labour inspector take place in accordance with the Civil Service Act, under competitive conditions and subject to qualification requirements. The Government states that candidates for the post of State labour inspector are required to have a higher legal, economic or technical education. In addition, the Government indicates that the staff of the State labour inspectorate are public officials who work within local authorities and other public bodies and that, in the performance of their duties, State labour inspectors are protected by law and guided by the Constitution and other statutory instruments. The Committee requests the Government to provide a copy of the text setting out the conditions for the recruitment of labour inspectors.

Articles 10 and 11(1)(b) and (2) of Convention No.81 and Articles 14 and 15(1)(b) and (2) of Convention No. 129. Human resources and material means of the labour inspectorate. Following its previous comments, the Committee notes that the Government does not provide information on the applicable procedure regarding the reimbursement of any travel costs incurred by inspectors in the performance of their duties. However, it notes the Government’s indication that, as of 1 August 2021, there were 242 State labour inspectors active in the country, equipped with 33 mobile units. The Committee also notes ITUC’s indication that the actual number of state labour inspectors is not sufficient for adequate oversight of the observance of labour rights and does not allow for performing preventive activities on a larger scale. ITUC indicates that according to official data, about 1.3 million small and medium-size businesses and over 2,400 large businesses operate in Kazakhstan. Therefore, according to ITUC the number of labour inspectors is insufficient to ensure the effective discharge of the duties of the inspectorate. The Committee requests the Government to continue to provide information on the resources allocated to the labour inspection service, i.e. the budget for labour inspection functions at the local levels, as well as the number of inspection staff, the transport facilities and office space available to labour inspectors. The Committee further requests the Government once again to indicate the legal provisions and the applicable procedure regarding the reimbursement of any travel costs incurred by inspectors in the performance of their duties. Finally, the Committee requests the Government to provide its comments in respect to ITUC’s observation.

Article 15(a) and (c) of Convention No.81 and Article 20(a) and (c) of Convention No.129. Ethical principles of labour inspection. Noting that the Government has not provided a reply in relation to its previous request on this matter, the Committee requests the Government once again to provide further information on the effect given to Article 15(a) and (c) of Convention No. 81 and Article 20 (a) and (c) of Convention No. 129, and to send copies of the relevant legal provisions.

Matters specifically relating to labour inspection in agriculture

Article 6(1)(a) and (b) and 2 of Convention No. 129. Activities of the labour inspection services in occupational safety and health in agricultural undertakings. Noting the absence of a reply from the Government in this regard, the Committee once again requests the Government to provide information on the activities of labour inspectors in relation to agricultural undertakings, particularly on acts of supervision and prevention with a view to ensuring the protection of workers exposed to risks inherent to the use of chemicals, plant or complex machinery.

Recalling that Article 6(2) provides that national laws or regulations may give labour inspectors in agriculture advisory or enforcement functions regarding legal provisions relating to conditions of life of workers and their families, the Committee also once again requests the Government to provide information in relation to the application of this provision.

Article 9(3) of Convention No. 129. Training for labour inspectors in agriculture. Noting the absence of a reply from the Government in this regard, the Committee once again requests the Government to provide information on the content, duration, and dates of the training sessions intended specifically for labour inspectors performing their functions in the agricultural sector and the number of labour inspectors receiving such training at each session.

[The Government is asked to reply in full to the present comments in 2022.]