Indian Journal of Science and Technology
DOI: 10.17485/ijst/2016/v9i14/91074
Year: 2016, Volume: 9, Issue: 14, Pages: 1-11
Original Article
Guzal Galiakbarova1*, Sholpan Saimova2 , Zhamilya Berdiyarova1 and Ardak Tassova2
1Department for Civil Law Disciplines, Faculty of Law, L.N. Gumilyov Eurasian National University, Astana, Kazakhstan; [email protected], [email protected] 2Department for Theory and History of State and Law, Constitutional Law, L.N. Gumilyov Eurasian National University, Astana, Kazakhstan; [email protected]; [email protected]
*Author of Corresponding: Guzal Galiakbarova Department for Civil Law Disciplines, Faculty of Law, L.N. Gumilyov Eurasian National University, Astana, Kazakhstan; [email protected]
Background/Objectives: The authors have investigated the conceptual framework of labor disputes as a whole and individual labor disputes in particular in this article. Methods: Such scientific methods as scientific research, comparative analysis and generalization were used in the course of this study. Foreign and domestic sources were used for this research, and a list of such resources can be found in the References section. Findings: Currently, legal regulation of individual labor disputes in Kazakhstan is a key matter of legal labor relations, which dictates the relevance of this matter. Provision of an effective protection of labor rights of the hired labor, establishment of adequate guarantees in the area of labor are an objective imperative of our times. Moreover, the institute of labor disputes regulates all legal disputes, arising from social and labor legal relations. Individual labor disputes associated with conclusion, validity and termination of a labor contract, indemnification by parties to the labor contract against each other are reflected primarily in such institution. A theoretical analysis of origination and development of an institute of labor disputes in the labor law science is done, and arguments to distinguish labor disputes from related concepts (labor conflict, labor violation and labor disagreement) are provided, and the most common classification of labor disputes is clarified. Certain specifics of individual labor disputes as a type of labor disputes are pointed out; their classification and causes in the modern context are provided. Application/ Improvements: Reasonable application and awareness of standards of the institution of individual labor disputes should prevent any abuse on the part of the employer and an employee. At the same time, they facilitate overcoming obstacles in the exercise of right, recognition and restoration of any violated or neglected labor rights of an employee.
Keywords: Individual Labor Disputes, Labor Disputes, Labor Law, Revised Labor Code, The Republic of Kazakhstan
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