THE ALMATY UNION OF TRADE UNIONS

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					                 THE ALMATY UNION OF TRADE UNIONS



THE RESEARCH PROJECT
The name of the organization: THE ALMATY UNION OF TRADE UNIONS
                                        Authors: Ahmetov Lajla Sejsembekovna,
                                                       Баранова Dyne Сергеевна


                   The brief characteristic of the organization


     On May, 20, 1998 Almaty regional Advice(Council) of trade unions by virtue
of developed circumstances has been compelled to make the decision on the
secession of Federation of trade unions of Republic Kazakhstan in this connection,
has distributed among the member organizations the explanations.
      - Last years the republican trade-union center steadily followed a policy
directed on centralization of authority in hands of Executive committee and
infringement of the rights of legal persons voluntary including in his(its) structure.
Being with conformity with working Civil Code of Republic Kazakhstan one of
founders of Federation, Almaty облсовпроф persistently aspired to find mutually
acceptable ways of the decision of some questions at issue of an intratrade-union
life, however Council of Federation, not considering with anything, persistently
carried out(spent) a line on creation of the strong trade-union center due to easing
positions of all other trade-union structures to which heads it was repeatedly
suggested to solve a problem of incompatibility of simultaneous parity existence of
the central (republican) trade unions and territorial профобъединений because of
what it is essential ослаб their contact to the local trade-union parts, resulted to
loss of a significant part of trade-union membership. Finally СФПК has remained
малоизменившейся since times of Soviet Union command structure which is not
capable in modern conditions competently to solve problems(tasks) facing to
it(her) and to render the effective help to the member organizations and rank-and-
file members of trade union since its(her) decisions are idealistic and are not
provided with lawful mechanisms of their realization.
      Meanwhile, a number(line) of the Laws accepted in Republic Kazakhstan
directed on translation of economy on market attitudes(relations), shows, what
exactly new organizational systems of economic and public attitudes(relations) in
this direction are formed. The state all refuses the becoming obsolete centralized
model of management, transferring a significant part of the functions to regions
more actively. We облсовпроф believed, that the Union created 1,5 year ago about
his(its) participation (Federation of trade unions of Republic Kazakhstan) and will
be engaged in it, i.e. to help his(its) members in the decision of the major social
problems. In practice management(manual) СФПК on other way – a way of easing
of positions of the founders and suppression of everyone from their party(side) of
heterodoxy, not wishing to understand, that the rigid trade-union vertical based on
former principles of democratic centralism, is not entered any more in frameworks
of the new Civil Code of Republic Kazakhstan and can in the near future is simple
fail, and also that in market conditions are feasible only взаимосогласованные
decisions which are maintained by all subjects of Federation. In fact having
voluntary united in the Union, legal persons (trade unions and territorial
associations) delegate to the structure created by them only a part of the functional
rights. This principle is fixed and in the current legislation of Republic Kazakhstan
which provides only one way of regulation of mutual relations of legal persons of
all kinds, basing on a contractual basis with definition of the purposes, forms and
conditions of teamwork.
      Necessity of our break with СФПК has ripened and for other reasons. Paid
the basic attention to fine inner-union problems, the Council of Federation has
considerably weakened the influence on a course of the reforms spent for the
country worsening social and economic position of workers of wage labour,
pensioners and children. At the same time the Government of Republic
consistently carried out a policy(politics) of reduction of charges on social needs
and has achieved acceptance by Parliament of such laws of Republic Kazakhstan
as the Civil Code, « About obligatory medical insurance », « About a provision of
pensions » which have strongly weakened a role and an opportunity of trade unions
on a legal basis to protect interests of the members, and also have deprived with
workers of a lot of special privileges. During several years the Council of
Federation tries to make amendments to the Law of Republic Kazakhstan « About
collective agreements » or to accept new, however to a voice of the center in
Parliament of republic do not listen. The similar situation is and with the Law of
Republic Kazakhstan « About work » which should replace for a long time the out-
of-date Code of Laws on work Kazakh ССР. Because of serious disagreements
with the Government of republic Council of Federation the tripartite agreement on
social partnership for 1998 has not been signed, that negatively influences mutual
relations of trade unions with local authorities and employers.
      Thus, the conclusion follows, that many Federations of a problem(task) put
by founders have not been solved by its(her) management(manual). The Union
created by them (Federation of trade unions of Kazakhstan) persistently tries to
weaken positions of the founders, as in organizational, and the financial plan. On
fault of a management(manual) of Federation and in created he(it) of commercial
structures for last years in republic trade unions loses a significant amount of their
objects, means from which realization have acted(arrived) contrary to the Charter
of Federation of trade unions of Republic Kazakhstan in Executive committee of
its(her) Advice(Council), instead of have been distributed(allocated) between the
member organizations proportionally their number. It is enough to tell, that only on
Almaty area of such objects it has been sold three: hotels " Медео ", "Tourist" and
camp site "Алматау". Recently Council of Federation the decision on sale of four
more trade-union objects in our territory is accepted: Sanatoria " Алма-Арасан "
also "Арасан-drip", rest house "Просвещенец" and a building former Taldy-
Kurgan облсовпрофа. Last step of Council of Federation in this direction, contrary
to the current legislation, became deprivation of the founders and the member
organizations of their property rights on the trade-union property that the
irreparable damage causes to interests of all members of trade unions, increasing
only well-being of executive structures of Federation.
      Almaty облсовпроф it can not be reconciled with the similar facts and
consequently has made the decision on secession of Federation of trade unions of
Republic Kazakhstan and protection of interests of regional Advice(Council) and
his(its) member organizations in the order established by the Law.
      8 years the conflict of interests which has not led to to the mutual consent on
questions of principle proceeded. However in April, 2005 before a anniversary the
Federation of trade unions RK had been signed the contract about joint cooperation
and interaction with the Almaty union of trade unions. The conflict has been
resolved(allowed) due to mutual concessions and the decision of the conclusion of
the contract on partnership.
       The Almaty Union of trade unions, thanking, first of all, to personal
communications(connections) of a management(manual), supports enough good
relations with power structures at a level акиматов cities and areas, however it
does not mean business relations. Trade unions are invited to meetings НПО,
meetings of a various level with veterans of war, work, honourable citizens of city
and on other general(common) actions.
     The department of social partnership conducts teamwork with trade unions
and Associations of businessmen at a level of tripartite partnership.
      The department of formation(education) in summertime well uses trade
unions in work of years(summer) camps.
         Perhaps, on it teamwork of authority and trade unions comes to an end.

                                        The table № 1.
Numerical structure of trade unions (data are taken from a various information and reports АСП)


№        Year         Кол-in members Кол-in              Including         rural Кол-in
                      of trade unions профподразд.       профподразделений       member
                                                                                 s      of
                                                                                 trade
                                                                                 unions
                                                                                 of
                                                                                 village
    1.
         1991         1100000
    2.
         1992         982400
    3.
         1993         723400
    4.
         1995         492000
   5.
        1998        340000
   6.
        1999        174000
   7.
        2001        144000
   8.
        1.01.2003   256500          27
   9.
        1.01.2004   201000          24             Are       again    created 9000
                                                   Енбекшиказахский,
                                                   Карасайский            and
                                                   Талгарский         district
                                                   committees of trade union
                                                   of agriculture.
   10   1.01.2005   201500          24                                       55200




     Numerical structure ASP to analyse difficultly enough as it is considered
indecent to ask such questions to a management(manual), and exact figures remain
a secret – one of what are not disclosed as however - and trade-union payments.
      Though for the various reasons in the beginning of the accounting period
falling number of members of trade union proceeded, (in 2001 in comparison with
1999 almost on 30 thousand person), for last 3 years she(it) has increased more,
than in 1,5 times and has reached(achieved) as of January, 1, 2004 of 201 thousand
the person, consisting on the account in 24 member organizations of the Union.
Updating has taken place basically due to the introduction into his(its) structure of
trade unions of workers of public health services "Physician", higher education
"Парасат", Талдыкорганского терсовета formations(educations) and sciences,
and also "Агартушы", "Устаз" and "Камкор" workers of formation(education)
Карасайского, Жамбылского and Uigur areas.
     After translation of the regional center in the city of Taldykorgan
Advice(Council) carries out(spends) systematic work on a reconstruction in the
field of disorganized(collapsed) before trade unions with the purpose of
maintenance of the further coordination of their work. In the decision of this
important problem(task) it(he) has got support regional акимата and as a result for
today in rural areas on профучете person will consist 55,2 thousand.
     Due to efforts of Advice(Council) and his(its) member organizations in all
local профзвеньях the control over gathering and updating of
applications(statements) of workers of wage labour about the introduction into
members of trade union and about deduction профвзносов from their earnings by
the non-cash order is restored.
     On April, 15, 2004 report-back election interallied conference of the Almaty
Union of trade unions which delegates have accepted active participation in
discussion of reports of the Union and his(its) revision committee has taken place
20-n, having stated a number(line) of the constructive offers directed on the further
improvement of work of Advice(Council) on protection of the rights and interests
of members of trade union. On a democratic and alternative basis the new structure
of Executive committee of the Union of trade unions in quantity(amount) seven
person under presidency Мырзагали Молдахмет has been elected.
      In 2004. The union of trade unions carried out(spent) systematic work on
creation in region of the structural divisions. So, with assistance of device Akima
of area the trade union of workers of state institutions and the bank organizations,
the registered status of the legal person in regional management of justice and
numbering in the numbers(lines) already 300 members have been created. Rural
trade unions revive also. During the accounting period are again created
Енбекшиказахский, Карасайский and Талгарский district committees of trade
union of agriculture. In 204 in his(its) structure person operates 9 thousand. As a
whole number of members of the trade unions which are included in the Almaty
Union of trade unions, person has made for January, 1, 2005 of 201,5 thousand,
that almost for 20 percent(interests) exceeds a similar parameter of 2001.
     Device ASP totaled in 2005 in the structure of 10 ranking officers. The
structure of the personnel practically has not changed for last 10 years, except for
death of two employees, and introduction of new posts: the press-secretary and the
master on computer service.
     In work it is used computers, an electronic database "Lawyer". However
электронка there is one on all and badly works. Practically to communicate by e-
mail with АСП it is impossible. The website is not present. The fax is present.
     Advice(Council) and executive committee render to the member organizations
of the Union agrees the prisoner with them to contracts the concrete advisory and
practical help on all problems lifted by them, and also bring in Parliament, the
Government of the country and local authorities corresponding offers on protection
of the social and economic rights and interests of workers of wage labour.
     For 2001-2005 10 sessions of Advice(Council) and 16 - his(its) executive
committee where pressing questions of ability to live of the member organizations
of the Union were considered(examined) most are lead(carried out).


    Interview with Молдахмет М., chairman АСП:
    - The basic problems of the organization – loss of members of trade union, the
member organizations, the conflict to Federation of trade unions of Republic
Kazakhstan, the termination(discontinuance) of cooperation with the trade unions
which are taking place in territory Almaty and areas (republican, regional,
independent, etc.), care in work.


    It is necessary to add - conservatism, unwillingness to be reconstructed and
answer calls of time.
                 The description of the trade-union organization


     In December, 2005 of the trade-union organization of Almaty area 86 years
were executed. It – the oldest trade-union organization of the country.
      The Almaty Union of trade unions is the association of legal persons working
in territory of the city of Almaty and Almaty area. Now in the city of Almaty 20
independent trade unions of workers of agriculture, formations(educations), public
health services, culture, communication(connection), municipal sphere,
construction, cooperation, HIGH SCHOOLS and textile and light industry and the
large organizations of city numbering in the numbers(lines) over 145 thousand of
the working townspeople successfully function. The main functions of the Union
of trade unions and his(its) member organizations – development of social
partnership with local authorities and employers with the purpose of rendering
social support to the population of southern capital, and also social and economic
and a legal protection of workers of wage labour through collective - contractual
regulation of labour attitudes(relations).
      Has passed fifteen years since that moment as we have started to build the
new state based on principles of market economy. Historically this term small,
however, for our republic it(he) is memorable searches of new strategy of national
revival, formation of the legislative and legal base, creation of a professional
infrastructure of a high level. In a basis of the state construction in the country the
principle of formation of cultural identity has been incorporated on the basis of
citizenship, instead of этничности, that to the utmost corresponds(meets) to
requirements of time, the idea in sphere of interaction of national cultures in a
multinational society has been put forward. Due to this Kazakhstan began one of
few states on the postSoviet space in which it was possible to keep completely the
interethnic consent and not an assumption of conflicts to interethnic ground.
      Now in Almaty the debts on pensions and social payments is completely
liquidated, in Kazakhstan incomes of the population grow – the minimum level of
pensions on a regular basis rises, the earned payment to doctors, teachers and other
workers of budgetary sphere is reconsidered. Essential changes for this decade
have taken place both in sphere of a labour market, and in the field of development
of labour attitudes(relations). To take, for example, the city of Almaty and area
where after disintegration of the USSR, as well as everywhere, intereconomic
communications(connections) of the enterprises and the organizations practically
have been completely destroyed. Here till 1998 the tendency of significant
recession of industrial outputs was observed, on the average for a year they were
reduced to 17-20 percent(interests), that in turn, has caused an aggravation of a
situation in the market of employment of the population of region. There was an
outflow of a manpower from state in a private sector, from industrial in a non-
productive field of activity. Moreover, in new economic market conditions the
financial inconsistency of the majority of the enterprises and the organizations
which, naturally, was reflected on material and a social status of many our fellow
citizens has come to light. People months, and at times and years, could not find
work, and hired workers – could not receive earned. We at this time have openly
collided(faced) such phenomenon, as mass unemployment. Such position
demanded radical reforming of all branches of our economy, and it has not kept
itself waiting for a long time. So, with a view of improvement of the enterprises the
wide spectrum of economic mechanisms began to be used: crediting of priority
investment projects, reanimation and segmentation of large ineffective
manufactures with creation on their base of small enterprises with application of
procedures of bankruptcy and change of the proprietor, granting of tax and customs
privileges. The state program импортозамещения in which not last role was
allocated(removed) to many enterprises Almaty and Almaty area has been
accepted. Due to these measures in various branches of economy of region have
earned the restored enterprises, new industrial complexes (Tobacco company "
Phillip Morris Kazahstan ", Бурундайский a factory of empties, joint-stock
company " Бахус ", « Bekker and the company » and others) were entered. In
result in the city of Almaty for last five years number of the workers who are
taking place in compelled holidays in connection with closing of the enterprises
and reduction of volume of manufacture, has decreased almost three times (in 1995
– 12550 чел., and in 2000 – 4391 чел. Now it simply is not present). Only for
2000-2001 in the industry of city it is restored and created 11,3 thousand
workplaces, 134 new enterprises with number about 3 thousand person are open.
      What did(made) in the first decade trade unions? Yes, really, many of the
trade-union organizations for the last пятнадцатилетие have reached,
unfortunately, the lowest critical mark. Separate from them have been compelled to
stop the activity by virtue of requirements of the new Civil Code of Republic
Kazakhstan about compulsion of their state registration, others have declared self-
dissolution in connection with decrease(reduction) in authority of trade unions in
the weights, caused by regular delays of the earned payment, mass reductions of
workplaces, etc. And in fact in one year of acceptance of the Decision of a
Supreme Soviet Kazakh ССР about independence of our country, trade unions of
Almaty area were the strongest and rallied and totaled in the numbers(lines) of 1
million 100 thousand person. Finding of the sovereignty by our state has demanded
also entering of serious changes into the current legislation. Almaty облсовпроф
in July, 1990 has ratified at the next interallied conference the first Charter basing
democratic principles of association of the member organizations included in
him(it), that is on a contractual basis.
     What history of becoming of trade union in the sovereign state?
      The first stage (1991-1992) . In structure of Almaty облсовпрофа has
consisted on the account 14 branch обкомов trade unions and 110 trade-union
organizations of direct service uniting in the numbers(lines) of 982,4 thousand the
person. Advice(council) of trade unions, within the framework of the Charter
registered in judicial authorities, since 1991, built the mutual relations with the
member organizations on the contractual basis guaranteeing their full
independence and the right of an output(exit) from his(its) structure. During this
period he(it) had been made such contracts with 14 branch committees of trade
unions and 68 профкомами the enterprises. Taking into account complex(difficult)
economic conditions in region, облсовпроф constantly aspired to adjust close
mutual relations with local authorities. A result of laborious work became the
conclusion in 1991 of the first agreements with regional and city executive
committees of People's Deputies about social protection of the population.
Achieving with authorities of business cooperation, облсовпроф if necessary
entered with them confrontation though did not count its(her) main means of the
sanction of disputed situations. In the beginning of 1992 after sharp holiday of the
prices for essential commodities, trade unions of city and area have gone on
creation стачечного committee by which the package of rigid requirements of
workers of region to the Government and a Supreme Soviet of republic has been
produced. As a result of the lead(carried out) action(share), the price for the basic
group of the consumer goods within the first half-year 1992 by the government
have been frozen at one level, and local authorities have put things in order in
holiday of products on family cards and improvement of movement of buses
during evening and night time have achieved. However in process of a deepening
of crisis processes in a national economy everywhere sharply there was a problem
of shortage of cash monetary weight for payment to the population of the earned
payment, pensions, grants and social benefits. Облсовпроф at this time addressed
to the Government with the requirement of a cancellation 30-percent удержаний
from the salary of workers for transfer in their Savings Banks twice, and then has
brought Federation of trade unions of Kazakhstan an attention to the question on
the appeal in the lawful order of the Decree of the President « About emergency
measures on maintenance of a national economy of republic with cash ». In result
action of the given Decree soon has been suspended also the Constitutional court
of Republic Kazakhstan further it(him) has cancelled.
      The second stage (1993-1994) . With acceptance of the new Constitution of
Republic Kazakhstan (on January, 28, 1993) and Laws « About public
organizations and associations », « About trade unions » and « About a labour
safety » the life of trade unions has seriously become complicated. Having lost the
important part of the state functions, they have lost the right of the legislative
initiative and intervention in economic activities of the enterprises. Employers had
an opportunity independently, without participation of trade unions, to
distribute(allocate) funds of material encouragement and welfare actions, and
consideration of labour disputes has completely passed only to the competence of
judicial bodies. All this rendered negative influence on membership in trade
unions: number of the regional trade-union organization it was reduced on 259
thousand person, or to 26 percent(interests). In this complex(difficult) conditions
trade unions of area should refuse former priorities, radically change forms and
methods of the work, maximum to approach them to occuring in a society process
and to the phenomena. Aspiring to prove, that the state guarantees established in
republic in the field of a payment are much lower than the minimal
needs(requirements), облсовпроф has gone on the publication to seales of the
minimal consumer budget of the man of able-bodied age in Almaty as of
November, 1, 1992 which has evidently shown, that the big group not only an idle
part of the population, but also labour intelligency appeared behind a threshold of
poverty. As a way out from this intense situation Advice(Council) of trade unions
considered necessary to leave with the petition in the Government about immediate
introduction in action of the Law on indexation of incomes of the population. The
similar question has been put and before СФПК on presentation of which the
Constitutional court has cancelled action in territory of republic of the decision of
Supreme Soviet РК « About terms of stage-by-stage introduction in action of the
minimal consumer budgets » and the statutory acts of the Cabinet accepted with
the purpose of his(its) realization. This period of time has been marked also by
active participation of trade unions of area in discussion of some the important bills
(Laws « About collective agreements », « About trade unions », « About a labour
safety », etc.) . After year cooling mutual relations with local authorities because of
the protest actions lead(carried out) by 1992, облсовпрофу it was possible to
restore business contacts to administration Almaty and Almaty area and to
conclude with them in May, 1993 bilaterial agreements on social protection of the
population. However their realization again was are complicated in connection
with input in Russia the new bank notes, put our country in a heavy economic
situation. Followed then increase of the prices for energy carriers has even more
aggravated social intensity. Extraordinary congress of trade unions of Kazakhstan,
taken place in January, 1994, having discussed social and economic conditions in
republic has demanded from the Government of realization of drastic measures on
the termination(discontinuance) of slump in production, urgent indexation of
pensions, social benefits and grants, and also increase of official salaries of
underpaid workers of the budgetary organizations. At this congress has been
created republican стачком which having lead(having carried out) a number(line)
of meetings with members of the government, has achieved increase in the
minimal earned payment at 40 percent(interests) and cancellations of transfer in the
Pension fund of the one-percentage tax from the salary of workers.
      The third stage (1995-1996) . It(He) is marked by an aggravation of crisis in
activity of trade unions, in connection with introduction in action of the new Civil
code РК which has equated them to managing subjects regarding compulsion of
the state registration in judicial authorities. The structure облсовпрофа during this
moment included only 49 member organizations by an aggregate number of 492
thousand members of trade unions. Numbers(lines) of our member organizations
have started to be narrowed, as trade unions have been put in such frameworks,
that for realization of the authorized rights and powers, they should pass immediate
registration in judicial authorities, having paid thus corresponding state gathering.
In this connection, Advice(Council) of trade unions and his(its) member
organizations have lead(have carried out) in the trade-union organizations
significant work on maintenance of their legal existence within the framework of
the new legislation. In 1995-1996. The first certificates(acts) of the state
registration have received 7 branch обкомов trade unions (trade, agrarian and
industrial complex, cultures, cooperations, communications(connections), the
textile industry and комбытпредприятий), 6 trade-union organizations of direct
service (joint-stock company " АЗТМ ", КазГУ him(it). аль-Фараби, joint-stock
company " Machine works ", КазГМУ, joint-stock company " Казгипромаш " and
joint-stock company " Систематехника ") and 4 branches of legal persons
(обкомы trade unions of workers of motor transport, power, public health services
and state institutions). Among small trade-union organizations actively began
process of self-dissolution because of a complex(difficult) financial position of the
enterprises and absence of a real opportunity of purchase by them of the status of
the independent legal person. Taking into account, that during this period of time
in the country the tendency of expansion of process of privatization of state
property and increase of a role of employers in the decision of social and economic
questions on manufacture everywhere was precisely defined(determined),
облсовпроф has cardinally changed the approach to the conclusion of regional
agreements. Being based on the decision of the President of Republic Kazakhstan
(from 19.12.1994) « About social partnership in the field of social and economic
and labour attitudes(relations) », it(he) has achieved the conclusion in the
beginning of 1995 of the tripartite agreements with local administrations and
associations of industrialists and businessmen about joint actions on maintenance
to working and needy layers of the population of region of social guarantees in the
field of their employment, a labour safety, domestic and transport service.
      Report-back election regional interallied conference on which strategy and
tactics of trade unions of region on protection of the social and economic rights
and interests of workers, pensioners and learning youth of the city of Almaty and
Almaty area have been determined has taken place in October, 1995 XVIII-ая.
This conference passed at the initial stage of confrontation облсовпрофа with
management(manual) СФПК which, wishing to split our unity, has made on the
eve its(her) carrying out the decision on the termination(discontinuance) of
financing of the enterprises and the organizations of region on the state social
insurance. Despite of rigid pressure of management(manual) Казсовпрофа, all our
member organizations just including in the generated union of legal persons
(облсовпроф), have shown at accounting conference the unity and full mutual
understanding due to what they достояно have left that uneasy situation. However,
the basic disagreements between облсовпрофом and republican профцентром on
questions of the trade-union property and have not been resolved(allowed), that has
resulted further in even big aggravation of their mutual relations. In May, 1996
trade unions of Kazakhstan have lost last state function, having transferred fund of
the state social insurance to the Ministry of work of Republic Kazakhstan. In the
device of regional Advice(Council) of trade unions have remained to work only
experts (19 person), containing due to means профбюджета.
      The fourth stage (1997-1998) . In 1997 of the certificate on the state
registration have received обком trade union of workers of construction, trade
union " Protection " of workers of public catering, and also a trade-union
organization of direct service – joint-stock company " АХБК-ОЗАТ ", joint-stock
company " Мунайаспан ", "КазСертико", the Almaty center of metrology and
standardization of Republic Kazakhstan. In parallel these years in branch regional
trade-union structures began process of registration of trade-union organizations,
as as legal persons (Publishing house " Китап ", the Republican television center
and Publishing house " Дауыр " - обкома trade union of art workers, Trade union
" Energy " of the enterprises of company " agrarian and industrial complex " -
обкома power), and in the form of their branches and representations. At the end
of 1998 in горюсте Trade union " Устаз " of workers of system of the Almaty
municipal government of formation(education) which in the same year has entered
numbers(lines) of our union has been registered also. In structure облсовпрофа on
a contractual basis 19 legal persons and 18 branches of branch republican trade
unions have at that time consisted. In connection with sharp increase of tariffs on
electric and thermal energy, in 1997 облсовпроф on behalf of the trade-union
active has directed corresponding references(manipulations) to the President and
the Government of Republic Kazakhstan with the request for immediate
acceptance of measures on their decrease(reduction).
     The fifth stage. A stage – independence. 1998 – the period of basic
divergences with ФПРК and secession of the republican trade-union organization.
Long 8 years АСП independently solved all questions. It at him(it) successfully
turned out at a level of city and area. However at a republican level nobody solved
questions АСП. The republican tripartite agreement subscribed two contradictory
trade unions, which problems of a unique megacity of the country practically did
not decide.
    The history of an output(exit) is told by eyes of management(manual) АСП
above.
      In April, 2005 the agreement between ФПРК and АСП in which two largest
trade-union organizations have gone on mutual concessions has been signed. It –
the sixth stage of a history of the Almaty Union of trade unions.


     Interview to the senior lecturer, the sociologist Shorohovym Dmitry:
      - Now only in Almaty it is registered in judicial authorities and 46
associations of trade unions, including 11 republican committees, 18 – regional the
union, 17 – local operate. As trade unions are legislatively attributed(related) to
public to sector, as well as the nongovernmental organizations, they in the
quantitative plan take last place from all registered ОО. Now НПО successfully
develop and total in Almaty 2853 organizations. In % a parity(ratio) all trade
unions take last place and in segment ОО total 1,6 % from number of all ОО.
Registered in Almaty. Certainly, not looking at falling of number, trade unions are
till now the most numerous organization in the country. However, knowing, that
among members of trade unions in the majority only state employees who simply
are afraid to leave from trade union (it concerns all the country. Not only region),
to speak about overall performance simply is not necessary.
      Approximately in Almaty together with suburb of 1,5 million person and still
area. It – 10 % of the population of the country. Naturally, we speak about the most
numerous group of trade unions – 201500 members together with area, and we
name АСП, but only we mark this fact, about effectiveness, speech does not go.
On the average, it is 13 % of the population of a megacity or about 40 % of adult
population of city.
      The sociological interrogation of the population which have been lead(which
have been carried out) among 2507 person, from them 527 – young people from 18
till 25 years, 1422 persons – from 26 till 45 years, 327 – from 46 till 60 years, 231
– pensioners, has shown, that more than 86,7 % of the population do not know,
whether there are trade unions today and than they are engaged.
     It would be desirable to note and gender distinction in structure of the first
heads. 25 person, and – 54,3 % the trade-union organizations head it of the man. 21
trade-union organization (45,7 %) head – women. In scales of all public
organizations of city is on 9,5 % of less men, than on the average on anothers ОО.


     Interview to Kopylovym M.A., профорганизатором АСП:
     - In the most trade-union organization АСП, 10 person numbering only is
present профорганизатор which carries out organizational and legal works in
collective ASP. With administration the agreement which provides to workers a
number(line) of privileges, to veterans the help, celebrating of anniversaries, a
number(line) of special conditions is signed.


                            The collective agreement


      How to coordinate democracy of the organizations of hired workers to a
market mechanism, i.e. equality of interests of the parties(sides) and economic
efficiency?
      One of consequences(investigations) of realization of the given choice that
labour attitudes(relations) of the worker and the employer, and the actual salary,
working conditions, etc., will be actively adjusted by contracts of the last with
trade unions becomes. But, ascertaining such conclusion it is necessary to agree
that agreements of associations of trade unions available now and trade unions at
times poorly correspond(meet) to essence and experience трипартизма, saved up
in the world.
    It means, that effective, the mechanism of protection of fundamental laws of
workers has not developed yet but only it is created.
     The basic direction essentially new approach of the conclusion of collective
agreements which will capture all spectrum of the practical questions adjustable
now by the state statutory acts, since a wage level, hiring and dismissal of workers,
a condition and the organizations of work, etc. becomes.
      But reorganization of developed system of collective agreements and the
sphere of a labour market up to a level of criteria the SQUANDERER assumes
performance of some conditions. This basic change of functions of trade unions,
growth of their activity, as not state, nongovernmental organizations. They should
become not formalized, public associations, and independent force, is real and
адресно representing interests of the workers, integrated on all levels of labour
attitudes(relations) and actively influencing on them.
      One of actual problems(tasks) facing to trade unions as the recognized
party(side) of social partnership, there should be a practical refutation of the thesis
of his(its) opponent that the partnership reduces competitiveness of economy. As
the basic argument them affirms, that the high degree of social regulation will
manage economically expensively and will lower a level of profitability and
profitableness. However it is historically proved, high enough level of security of
workers conducts to stability, readiness of the parties(sides) for the peace decision
of conflicts, and it is positively reflected in growth of productivity.
     And though the occasion for reflections with reference to our level of
development is present, it is impossible to ignore the fact of that in the strategic
plan of a position coordinated in frameworks of really working social partnership,
intensity and instability manage more cheaply, than.
     It is necessary to note, that in the city of Almaty necessity of social
partnership on the part of trade unions and the employer is more and more realized
and proved by simple calculation of a parity(ratio) of expenses and benefits as
cooperation opens an opportunity of a presence(finding) compromise, not the
power(force) decision from which will win both parties(sides) because it is
economically profitable. Such approach conducts to growth of respect of trade
unions on the part of businessmen, to strengthening of partner attitudes(relations)
without which decrease(reduction) in a conflictness and the decision of the
general(common) problem(task) of maintenance of the social world is impossible.
      In view of that Kazakhstan is in position of the "catching up" country, we
should make use of experience of the "advanced" market states and the economy
giving to us examples, both additional opportunities, and problems arising during
transition periods.
     Carrying out transition by the forced way, it is necessary to take into account
mistakes to not lose an opportunity to rise on higher step of the state and social
development. On this way all participants of social process should show the
weighed and thought over activity, proceeding from the following preconditions.
      The created mechanism of social protection should have in the basis not the
state charity, and set of legislatively fixed economic and other guarantees. There
comes time of refusal of acceptance incidental регулятивных decisions on
improvement of position of separate groups of the population and creation of the
flexible, multilevel complex system designed for the prevention(warning) of
factors of social risk, instead of on elimination of the arising centers of social
intensity.
    Realization of the differentiated approach to various layers and groups of the
population should be carried out(be spent) depending on their social status, age,
work capacity and economic independence.
      In each of accounting years the special attention is given by the Almaty
Union of trade unions the further development in region of social partnership in the
field of social and economic and labour attitudes(relations) with Акимами Almaty
and Almaty area and associations of industrialists and businessmen. So, during all
accounting periods, since since 1992 and till now trade unions of region continued
to render all-round assistance Акимам and to their controls in performance of
obligations of agreements, actively participating in discussion of questions of
improvement of economy and a labour market, duly payment of the earned
payment and pensions, rendering of the charitable help to needy layers of the
population, the organization of summer holiday of children and teenagers. All this
rendered positive influence on successful performance practically all actions on
realization of regional tripartite agreements. Similar means solved the problems
with branch departments and managements our member organizations, as a rule,
meeting with their parties(sides) due understanding and support.
      According to the arrangement on compulsion of leading of times in a half-
year of results of performance of agreements in January and in August of each year
in city акимате sessions of the tripartite commission on social partnership and
regulation of labour attitudes(relations) which have brought intermediate results of
performance of the agreement are carried out(spent) and have planned additional
measures on realization of this important document. The summary record about
these sessions of the city commission has been published in the newspaper «
Evening Almaty ».
     The same actions have been lead(have been carried out) in February and in
July of each year to. Талдыкоргане in regional акимате with participation from
the Union of trade unions – managements(manuals) of the Union, trade unions of
workers of agrarian and industrial complex and communication(connection)
"Камкоршы", and also separate representatives of the republican branch trade
unions deployed in the regional center.
     At the first session of the commission by the parties(sides) it was possible, for
example, only in 2002, at last positively to solve the problem on non-cash
deduction of trade-union payments in the budgetary organizations of area that has
allowed to renew the vigorous activity in trade unions of teachers "Устаз"
Жамбылского and "Агартушы" areas Karasajskogo of Almaty area.
      The important place in work of the Union of trade unions and his(its) member
organizations was borrowed(occupied) in each year with the organization of
bilaterial cooperation in trade-union organizations of region on the basis of Laws
РК « About social partnership in Republic Kazakhstan » and « About collective
agreements ». Taking into account, that the working labour legislation has
considerably expanded sphere of application колдоговоров within the framework
of the enterprises and the organizations, our trade unions, as before, directed the
main attention to rendering of the methodical and practical help to local trade-
union parts to the organizations of negotiating processes with the purpose of
acceptance of collective agreements.
      So, it agrees to the data given by the member organizations of the Union, in
2002 after the negotiations lead(carried out) by their structural divisions with
employers it is signed 697 колдоговоров from which 600 have passed registration
registration in city and regional regional divisions of department of work and
social protection of the population. The analysis shows, that this work is done
basically in those collectives of region where there are representatives of branch
trade unions, in other organizations corresponding decisions of the city of Almaty
Akimov and the Almaty area, obliging enterprises and the organizations of all
patterns of ownership to register the колдоговоры for the present are not carried
out properly.
      It is necessary to note especially trade unions " Адал " (Sahauev A.D.) and
"Руханият" (Kurochkin V.N.) which head find constant business contact to local
bodies on the work, collective agreements engaged in registration, on upholding
the rights of the structural divisions on signing of these important local legal
certificates(acts) on behalf of the hired workers.
      The big positive experience of the organized carrying out колдоговорной
campaigns is saved up by trade union of workers of communication(connection)
"Камкоршы" (Glazkova T.A.) which chairman is part of the republican branch
tripartite commission on social partnership, protecting thus of the right and
interests of members of this trade union working in the organization of
communication(connection) of Almaty region. So, in the collective agreements
extending on workers ГЦП "Алматытелеком" and Almaty branch of Open
Society " Казпочта ", this regional branch trade union has managed to provide to
members of trade union labour holidays by the greater duration, the paid
educational holidays, the raised(increased) sizes of payment on листкам invalidity,
and also assignment for payment of various social benefits (on a birth, burial, on
care of the child, etc.)
      In 2003 to social partners, it was possible to do essential work on practical
realization of Law РК « About social partnership in Republic Kazakhstan ».
Especially it is necessary to note that fact, that for the first time in a history of our
cooperation the tripartite Agreement for 2003-2004 has received the status of " the
legal certificate(act) », пройдя corresponding registration in judicial authorities.
Concerning work of the Union of trade unions on performance of the Agreement
between the city of Almaty Akimom, trade unions of region and city association of
industrialists and employers, it is necessary to stop briefly only on separate aspects
of our activity for 2003.
      The first. The union of trade unions in accounting the period, being guided by
taken up obligations, rendered all-round assistance to a management(manual)
горакимата and his(its) controls in performance of obligations of the Agreement,
participating in discussion of questions of improvement of economy and a labour
market, duly payment of the earned payment and pensions, rendering of material
support to needy layers of the population of the organization of summer holiday of
children. All this has positively affected performance of actions on realization of
the tripartite Agreement. Similar means have solved the problems with branch
departments and managements our member organizations, as a rule, meeting with
their parties(sides) due understanding and support.
      The second. Trade unions of region in accounting year have strengthened
public control over observance at the enterprises and in the organization of all
patterns of ownership of guarantees to workers of the wage labour, stipulated by
Laws РК « About work in Republic Kazakhstan » and « About a labour safety ».
This work was carried out by forces of experts of the Union of trade unions with
wide attraction of trade-union activists. In 2003 by the member organizations it has
been considered over 600 applications(statements) of members of trade unions on
questions of infringement of the labour and pension legislation, rules of
compensation of damage, about payment of social benefits. So, due to efforts of
city trade union of teachers "Устаз" (chairman Bekenov S.S.) In a number of the
organizations of formation(education) it was possible to avoid occurrence of
disputed situations of the departmental rules of definition of the experience of
work connected to wrong application on a speciality of various categories of
pedagogical workers owing to what it has been reconsidered aside increases in the
salary to 610 members of this trade union. The union of trade unions (Mr. Umbaev
A.K.) has continued work on perfection of cooperation with Department of the
Ministry of Labour and Social Protection of the population of Republic Kazakhstan
on the city of Almaty, Having finished in January, 2003 joint seminars of meeting
with a trade-union active and employers, which main result there was an
acceptance of corresponding recommendations on improvement of conditions of a
labour safety and observance of the labour legislation. Representatives of the
Union of trade unions have accepted also active participation in work of session
Almaty гормаслихата and boards горпрокуратуры, considered in February and
March, 2003 a question « About observance of the labour legislation at the
enterprises and in the organizations of the city of Almaty ». Then at the session the
Union of trade unions has ratified corresponding actions on realization of decisions
of the given session which further were successfully carried out.
      The third. Carrying out of obligations of the tripartite Agreement, the Union
of trade unions and his(its) member organizations have carried out a complex of
actions on rendering the methodical and advisory help local профзвеньям in
preparation and carrying out колдоговорной campaigns in view of specificity of
this or that manufacture, participation in work of the conciliatory commissions, and
also carrying out of examinations of projects of collective agreements. Under our
data in 2003 of a trade-union organization of region have carried on negotiations
with employers and have signed 479 колдоговоров from which 305 have passed
registration registration in regional divisions of city department of work and social
protection of the population. Attaching special significance to increase of the
importance and amplification(strengthening) of a social orientation колдоговоров
and agreements, the Union of trade unions and his(its) branch member
organizations have developed in the accounting period breadboard models
колдоговоров for subjects of various patterns of ownership, projects of individual
labour contracts, and also gave a number(line) of other methodical and practical
recommendations on maintenance of protection of workers of wage labour.
      The member organizations and management(manual) of the Union of trade
unions have managed in accounting year to adjust closer cooperation with city
department on work and social protection of the population and his(its) regional
divisions within the framework of performance of decision Акимата Almaty
№1/136 from 05.03.03 « About measures of realization of the tripartite agreement
between Акимом Almaty, the Almaty Union of trade unions and the city Union of
industrialists and employers for 2003-2004 ». At the seminars which have been
lead(which have been carried out) in the second half-year of the last year in all
areas of the city of Almaty, representatives of the Union of trade unions paid
attention his(its) participants that today many employers under various pretexts
evade from the conclusion колдоговоров. As a rule, at their enterprises there are
no trade unions and with hired workers they reduce all work to individual labour
contracts, supposing thus weight of infringements of the labour legislation, such as
absence of written form ИТД and obligatory delivery of one copy to the hired
worker, his(its) conclusion for the certain term (till one year) though carried out
work has constant character, etc. quite often employers explain absence
колдоговоров lack of initiative of hired workers, ignoring an item. 34 Laws «
About work », giving the right him(it) to represent itself as initiators of conclusion
КД In view of an exchange of opinions of participants of seminars, corresponding
recommendations on perfection of social partnership in areas of the city of Almaty
there have been accepted. Despite of the specified positive aspects in this area of
our cooperation, trade unions and city bodies on work, unfortunately, have
distinctions on sense of interpretation of separate clauses(articles) of Law РК «
About work in Republic Kazakhstan » on questions колдоговорного regulations
of labour attitudes(relations). In particular, from 73 collective agreements
registered in 2003 in area Turksibskom, in 22 cases this legal certificate(act)
persons not formed illegally signed the organization that 32 Laws « About work »
are not joined at all to requirements of item(point) 1 of an item. Probably it is
necessary for trade unions to meet behind « a round table » a management(manual)
and experts of Department on work and social protection of the population of.
Almaty and at last to find the comprehensible decision on the given problem.
     The fourth. Significant work in the accounting period was carried out(was
spent) by the Union of trade unions and his(its) member organizations and on
rendering a free-of-charge legal aid to members of trade unions and socially poorly
protected categories of the population of city, consideration of collective labour
disputes, maintenance legal and material support of the workers who have received
a labour mutilation. For the accounting period by trade unions of region it has been
given more than 10,5 thousand oral consultations on questions of correct
application of norms of the civil, labour and housing right, the pension legislation.
Active participation representatives of the Union of trade unions have accepted in
consideration of collective labour disputes in Open Society " agrarian and
industrial complex " on questions of increase of a level of a payment of the
industrial personnel of system of power supply and repayment in ГКП "Water
canal" long (over three months) debts on the earned payment to workers of station
of water sources. The management(manual) of the Union of trade unions has in
due time informed assistants to heads city Акимата on these disputed situations
and even has organized a meeting of trade-union activists of agrarian and industrial
complex " Energy " with Mr. Zhanbyrshinym K.E. that could unload a little social
intensity in collective of ours энергетиков.
      At the same time, despite of active actions of a management(manual) of the
Union of trade unions and trade union " Адал ", in 2003 and it was not possible to
solve the problem on repayment by management(manual) ГКП "Water canal" of
debts under the salary of holiday means to the workers. As you know, under our
initiative the given problem was considered(examined) at session of the city
commission on social partnership, and also additional checks of financial and
economic activity of this enterprise by forces of Office of Public Prosecutor
Bostandykskogo of area and Department of Ministry of Labor and соцзащиты РК
on the city of Almaty have been lead(have been carried out), but they yet have not
brought positive results.
      Trade unions of region in 2003 through the elected representatives on a
labour safety accepted constant participation in investigation of accidents on
manufacture and development of concrete measures on elimination of
infringements of safety precautions regulations. In total representatives of trade
unions supervising on public principles observance of norms of a labour safety and
the safety precautions at the enterprises and in the organizations of city, it has been
carried out in the accounting period over 320 checks.
     The fifth. In 2003 the member organizations of the Union of trade unions had
been lead(had been carried out) a number(line) of charitable actions(shares) on
fund raising, things and books for transfer to children's homes, boarding schools
and boarding houses for aged. Questions of rendering of material aid to needy
members of trade unions, invalids and participants of the Second World War, and
also deprecication of children's improving permits and treatments to such
categories of workers were on a regular basis considered(examined) by them. The
big work has been lead(has been carried out) by our member organizations on the
organization of repair of establishment of rest and maintenance of sources of
financing with the purpose of purchase of preferential permits for children of their
members of trade unions. Due to the tendency was outlined in last years on
expansion of a network of working children's improving establishments, only in
accounting year in 26 suburban camps over 23 thousand children and teenagers.
Especially it is necessary to note trade union " Energy " (chairman Akkuliev
B.M.), Which, despite of a complex(difficult) economic situation of Open Society
" agrarian and industrial complex ", during lines of years contains on the balance
children's improving establishment " Эдельвейс " in gorge Tau-Turgenskom
where in summer vacations of the last year 820 schoolboys are improved, with
payment by their parents only thirty percentage costs of permits. Trade union "
Protection " (chairman Zmeulin V.M.) has managed to allocate more than 300
thousand tenge of own means for improvement of 110 children of workers of
system of public catering with fifty percentage discount of cost of the given
permits. The trade union of workers of connection "Камкоршы" (chairman
Glazkova T.A.) has been awarded for the active organization of rest of children
and teenagers Certificate of honour Акима Almaty and the Union of trade unions.
     The sixth. In our tripartite Agreement is present necessarily with a
number(line) постановочных questions to the Government of the Republic
Kazakhstan, rates of surtax concerning reduction from physical persons and
increase in the sizes of pensions on age. Met by us with the big approval the annual
Message of the President of Republic Kazakhstan from April, 4, 2003 and accepted
in this connection changes in the current legislation of Republic Kazakhstan,
basically have resolved these questions as the minimal pension since July, 1, 2003
has reached(achieved) 5,5 thousand tenge, and minimal харплата is finished since
January, 1 of the current year up to 6600 tenges. Also it is known, that the group of
deputies of Mazhilis of Parliament in accounting преиоде had been initiated
amendments to a law in force « About a provision of pensions in Republic
Kazakhstan » on increase in the size of the maximal salary for calculation of
pension on age up to 25 МРП (monthly settlement parameters).
      And the seventh. Being guided by the present Agreement, trade unions could
achieve inclusion in branch agreements and колдоговора practically all social -
significant obligations the Agreement directed on maintenance of social and
economic and labour guarantees of workers of wage labour of an industrial and
budgetary field of activity. At the same time the separate employers representing
first of all interests of the organizations of not state patterns of ownership, count
themselves free from obligations of the tripartite agreement since do not enter into
the city Union of industrialists and employers, supposing thus infringement of the
legislation on social partnership. So, for example, director of Open Company «
Printing house of an operative seal » Mr. Tuebekov N.Z., having taken up on a post
and operating in infringement of item(point) 54 of our Agreement, has
immediately called trade-union assembly and (chairman Kurochkin V.N.) has
suggested to liquidate structural division of Trade union " Руханият ", Which
during lines of years function in a printing house. Due to this initiative which
because of fear to remain without work the big half of collective has supported,
director there is not only trade union, but also the collective agreement made with
the previous employer and giving certain privileges and guarantees to workers. A
fact, certainly, unprecedented for our time, taking into account that in Almaty
today there is a process of revival of trade unions as obligatory social partners of
authorities and employers. Unfortunately, separate such cases took place and
among the member organizations of the Union of industrialists and employers
Almaty.
     As a whole the Almaty Union of trade unions counts, that the city tripartite
Agreement on the social partnership, accepted for 2003-2004, during the
accounting period basically was carried out.
      On February, 3, 2005 the report under the tripartite agreement between three
parties(sides) in cities Akimate has taken place.
      Trade unions in uneasy conditions have found the place for realization of the
primary goal, protective functions, using that small package of acts which can be
used in these purposes, this legislation on trade unions, on collective agreements
and tripartite agreements.
       In collective agreements it is possible and it is necessary to fix, solve those
concrete and numerous questions which today cost(stand) on the agenda because,
first, in the new Law " About work in Republic Kazakhstan " many questions of a
labour safety in comparison with the former Law " About work in Republic
Kazakhstan " are simply missed. It concerns a mode of work and rest, work of
women, youth, moving of weights, maintenance of the worker due to the employer
milk, special power supply, overalls, individual means of protection and other. All
these and other questions are adjusted by other numerous statutory acts issued, as a
rule, according to the Law " About a labour safety ", but the worker frequently
simply does not know these normative documents, than the employer not seldom
uses, striking at rights of the worker.
      Second, the collective agreement on behalf of the worker, as a rule, signs
trade union, that is competent of questions of the current legislation body.
Conditions of the collective agreement are obligatory for the parties(sides) and
performance of the collective agreement are on a regular basis supervised,
providing thus and the constant control over performance of actions on a labour
safety.
      In the third, the conclusion in the collective agreement of those or other
concrete actions on a labour safety obliges the employer to allocate, find for this
purpose money resources, and to the worker allocation of these money resources in
the target order entitles to demand and now there was a question on changes
radically attitudes(relations) to financing actions on a labour safety and completely
to carry out requirements of clause(article) 14 of the Law " About a labour safety "
where it is fixed, that each enterprise annually allocates necessary means for a
labour safety, the volume of means is defined(determined) by the collective
agreement.


     Edilbaeva B.I.'s interview, vice-president АСП:
      - As to the unappropriated organizations here, apparently, all is clear. The
employer is obliged to find necessary means for a labour safety. We have
somehow got used to that to the budgetary organizations means for a payment and
other standard budgetary charges are allocated, and to questions of a labour safety
basically the principle of residual financing is applied. And if to look at these
enterprises formation(education) is closer(more attentive), for example, on
establishments. In fact in each such educational institution there are laboratories,
premises(rooms), mechanisms and the equipment for training to bases of labour
activity, an industrial practice. Quite often there are also own manufactures,
economic activities. And on a labour safety only in this branch it is more than
questions, than there is enough, as there our children. And how these questions are
taken into account at the statement of budgetary funds? Probably, it is directly
possible to tell, that means for a labour safety are allocated obviously insufficiently
though requirements of the Law " About a labour safety " are distributed to all
enterprises, irrespective of patterns of ownership.
      Now between trade unions and акимами the cities of Almaty and Almaty
area are achieved basic mutual understanding in the decision of these questions,
that is financings on the budgetary organizations of actions on a labour safety,
planning of money resources on these purposes in budgets of city and area. I think,
that if such question will be maintained up to the end акиматами we in the
budgetary organizations shall solve these questions faster.
      Most pressing question of a labour safety for today remains - certification of
concrete industrial objects, сельхозучастков, the branches, separately worth
divisions and so on on травмобезопасности and on working conditions laboratory
methods of research. It is slowly decided(solved) duty of the employer stipulated
by Position about certification of industrial objects of the organization on working
conditions. And in fact many thousand workers do not receive put under the law
him(it) a privilege, indemnification, additional holidays and for the reason, that at
their enterprise requirements of the law on timely certification of workplaces are
not carried out. The labour safety at the enterprise is the major and in any way
single action. Frequently the employer ignores requirements of clause(article) 116
of the Law " About a labour safety ", providing obligatory creation at the enterprise
of a protection service of work which under the status is equal to the basic
industrial services and is liquidated only in case of the termination(discontinuance)
of activity of the enterprise.
     To thicket the employer makes to someone from workers additional duties on
the organization of a labour safety, and even simply to ignore these requirements
of the law, let alone cabinets(studies) on labour safeties which creation at the
enterprises where than 100 person works more, demands the law.
     The ministries which had earlier both financial opportunities, and material
resources, could solve many questions in branches, but today they through the
budget receive, therefore there the maintenance(contents) of such workers of
special effect will not give. Efforts by the Ministry of Labour and Social Protection
of the population, through departments which are created, very poor, and them it is
necessary at a level of areas, at a level of rural districts it is necessary to have, that
they could be closer to manufacture where all these infringements occur.
      In the decision of these questions it is not visible to the big interest of
employers yet. It is obvious, that it is more favourable to them to enclose in a
labour safety at his(its) enterprise certain(determined) scheduled and money
resources on the planned actions, than to pay tenfold, fivefold and annual earnings
of the worker at approach of accident as a result of infringement of the legislation
on a labour safety, at default of these actions as it is stipulated by clause(article) 30
of the Law " About a labour safety ". Only joint combined efforts it is possible to
solve our general(common) problems in reception of a labour safety on places.
Under the initiative and with participation of the Almaty union of trade unions,
акимами Almaty, Almaty area and all areas have been organized and lead(have
been organized and carried out) seminars on this subjects. Many questions have
been set particularly to employers and representatives of executive authority. Let
will be by the state their assistants from trade union, it is necessary to train them to
this system, it is necessary to prepare particularly that on a place they could solve
the necessary questions for working people.
     The tendency of signing of tripartite agreements for two years is observed.
And in 2004 and in regional scale, and in city, the tripartite agreement for three
years 2005-2007 for the first time has been signed. Now there is a second year of
last agreement. Appendices are not available. АСП signs city and regional
трехсторонне agreements. And the republican agreement from name АСП signs
ФПРК. Project КД is developed by all three parties(sides). But, certainly, trade
unions and departments on the social partnership, created in Departments of social
partnership are more active at Managements of social protection in regional, city
and regional levels of the Ministry of Labour and Social Protection of Republic
Kazakhstan. Recently the big interest is shown by businessmen, and they even
more often can be seen from an initial stage of work above agreements.
      Procedure of negotiations is completely fulfilled. Has a legislative basis.
During meetings and reports the sequence of meetings and conducting is observed,
that is gather in trade union, then in акимате, then at businessmen. Who the owner
of reception, that also conducts session. Meetings are appointed, the working
commissions sit monthly, it is necessary visitings the enterprises. Two times one
year – accounting sessions of three parties(sides). The quantity(amount) registered
колдоговоров in area and city has considerably grown, for it the department of
social partnership answers basically. Behind everyone constant obligations are
fixed and practically for many items(points) all three parties(sides) RTK answer.
Updating is supposed once a quarter and practically she(it) can be always carried
out and is carried out while without special pressure(voltage). However, it is
possible, because there were no special questions at issue recently.


                     Attitudes(Relations) with administration
     Representatives of trade unions accept active participation in the expanded
sessions of board акимата Almaty in which agenda there are questions of social
protection of the population.
     So, for example, in 2000 the question on performance of the complex
Program of struggle against poverty and unemployment for the period 2000-2002
was widely discussed. Under the recommendation of the Union of trade unions the
items(points) directed on amplification(strengthening) of work on the conclusion
of collective agreements between employers and trade unions have been included
in the legal decision of this forum, to maintenance of their obligatory registration
registration, and also on rendering of assistance to the member organizations of the
Union of trade unions in creation at the enterprises and in the organizations of city
of their structural divisions.
     With a view of amplification(strengthening) of protection of social guarantees
and the rights of workers of wage labour Advice(Council) of the Union of trade
unions from the beginning of the accounting period has achieved inclusion in the
city tripartite agreement of the item(point) obliging employers to not interfere to
non-cash payment of member trade-union payments, and with a
management(manual) of Almaty area we had to carry on long negotiations before
it was possible to achieve in February, 2002 of the necessary mutual understanding
that has allowed to keep from disintegration of a trade-union organization of
budgetary sphere on this theme. Within the framework of performance of
agreements of executive committee and experts of Advice(Council) and the
member organizations constant study of projects of the acts concerning industrial
and labour attitudes(relations), the taxation, employment of the population and a
labour safety was carried out. So, in 1999 and the next years Advice(Council) has
directed to Parliament and the Ministry of Labour and Social Protection of
Republic Kazakhstan many remarks and offers to a bill « About work » and to
other нормативно-legal certificates(acts) which part was are taken into
account(discounted) at their introduction in action. Since 2004 the new Code about
work is discussed. АСП brings many offers on this question and at all sessions
spent for Almaty is present and acts, protecting rights of hired workers.
     Experts of Advice(Council) it has been rendered wide by Experts of
Advice(Council) the wide advisory, methodical and practical help local
профзвеньям in carrying out of negotiating processes with employers and
acceptance of collective agreements has been rendered. They develop breadboard
models of these documents for subjects of various patterns of ownership,
provisional regulations about to work of the commission of the enterprise
(organization) on special partnership, projects of the individual labour contract, the
written legal conclusions on колдоговорам of some trade unions are prepared.
With a view of increase of a role and value колдоговорной works the
management(manual) of the Union of trade unions at meetings with the city of
Almaty Akimami and area has agreed upon the decision-making, obliging the
enterprises and the organizations of all patterns of ownership to register the
collective agreements in regional and city divisions of bodies on work.
     Many member organizations of the Union, such as trade unions " Устаз "
(chairman Bekenov S.S.), "Парасат" HIGH SCHOOLS (chairman Zhanataev Д.),
"Камкоршы" (chairman Glazkova T.A.), "Protection" (chairman Zmeulin V.M.),
"Адал" (chairman Sahauev A.D.), "Руханият" (chairman Kurochkin V.N.),
"Physician" (chairman Davletkaliev B.M.), "Energy" (chairman Akkuliev B.M.),
КаМНУ him(it). Асфендиярова (chairman Urazbaeva D.C.), "Сапа" (chairman
Bondareva N.G.), "Сеним" (chairman Lisitskaja O.V.), Талдыкорганский
терсовет trade union of workers of formation(education) and sciences (chairman
Zhadranov N.R.) Aspire to provide through колдоговоры address social support of
the members, achieving, as a rule, switching on these documents of some
privileges, котоые is higher stipulated by the labour legislation. That according to
city department of work, employment and social protection of the population only
in 2003 from 350 колдоговоров, past registration registration in his(its) divisions,
90 percent(interests) have been made under aegis of trade unions testifies to
growth of trust of hired workers to trade unions.
      According to taken up obligations the Almaty Union of trade unions in
accounting year carried out(spent) the certain work on practical realization of
actions of regional tripartite agreements on social partnership for 2003-2004 due to
what a number(line) of collective labour disputes at the enterprises and in the
organizations of the city of Almaty and area has been successfully
resolved(allowed). So, for example, for a long time administration GKP " Water
canal " did not carry out one of the main items(points) колдоговора, providing
duly payment of the earned payment and holiday means the worker and the
employee. Under the initiative of trade union " Адал " this question was twice
considered(examined) the last year at sessions of the tripartite commission on
social partnership, and also in Office of Public Prosecutor Bostandykskogo of area
and Department of Ministry of Labor and соцзащиты population РК on the city of
Almaty. Further under the petition of the Union of the trade unions participating in
consideration of the given collective labour dispute, under the guarantor city
акимата bank « the Center the credit » has been allocated the target credit to this
enterprise on repayment of debts on payment of the earned payment in volume of
140 million tenge that has allowed to normalize conditions in collective.
      Other example. At the session of the city tripartite commission which were
taken place on July, 13, 2004, the decision on necessity of carrying out
administration of joint-stock company « Machine-building factory » concrete
actions on repayment by the worker till December, 1, 2004 of long debts after the
earned payment and transfer to factory trade union of the trade-union payments
withheld for last of a little bit(some) years was accepted. In accounting year old
debts on the earned payment here have been extinguished, however on the
settlement account of Trade union has not been listed even to a part of debts on
профвзносам, that has practically paralysed his(its) activity under the decision of
many social - significant questions, such as – the organization of improvement of
workers, children's New Year's morning performances, rendering of the charitable
help, etc. Taking into account, that according to Law РК « About social
partnership in Republic Kazakhstan » and our tripartite Agreement, decisions of
the commission are obligatory for execution(performance) by representatives of
the parties(sides), at session of the tripartite commission on results of 2004, under
the initiative of the Union of trade unions, the decision on attraction to the
responsibility through bodies of Office of Public Prosecutor of administration for
incomplete performance of the task on repayment of duties to pension memory
funds and illegal circulation of the trade-union payments withheld from an earned
payment was accepted.
      Positive experience of interaction with executive and economic bodies on the
basis of agreements in the accounting period has been saved up in Илийском,
Талгарском, Коксуйском, Карасайском and areas Eskeldinskom of area where
plans - actions on performance of obligations on social partnership have been
developed and successfully realized in the field of labour and social
attitudes(relations). The course of performance of the made agreements was
regularly considered(examined) at joint sessions, assemblies of economic and
trade-union actives, took concrete measures on elimination of the
admitted(allowed) lacks of work. On the accounting data for last year from 1122
working collective agreements, by the trade-union organizations of city and area
on behalf of workers of wage labour it is made with employers 522 new
колдоговора from which 482 have passed registration registration in regional
divisions of departments of work and social protection of the population. With a
view of amplification(strengthening) of a social orientation of collective
agreements by the member organizations of the Union of trade unions their
breadboard models for subjects of various patterns of ownership and projects of
individual labour contracts have been developed, a number(line) of concrete
recommendations and consultations local профзвеньям on improvement of
protection of workers of wage labour is given. For example, in February, 2002 the
representative of the Union of trade unions has been included as the expert -
adviser in the bilateral commission on preparation and the conclusion колдоговора
in Open Society " Phillip - Моррис Kazahstan ". Questions at issue were discussed
at the expanded sessions of the commission, and also in debate with experts of a
legal department of joint-stock company. Due to the persevering both proved
position of trade union and understanding of needs of workers on the part of
administration of the company on June, 4, 2002 колдоговор has been successfully
signed by validity for 3 next years.
     Positive experience of social protection of hired workers is saved up and in
Almaty branch of Open Society « the National center of examination and
certification » where all 247 person are members of trade union " Сапа ". Through
the collective agreement practically all social and economic work directed on
increase of a standard of living working and a production efficiency here is carried
out. The trade union has managed to convince administration of necessity of
increase in duration of labour holidays till 24-30 calendar days, preservation of 100
percent(interests) by him(it) of average earnings at illness, grantings обучающимя
on the job paid educational holidays with preservation of 50 percent(interests) of
their official salaries.
      At the same time in колдоговорной to work there are also serious lacks. So,
at enterprises of association « Sugar center » practically does not consist collective
agreements and if they and subscribe heads of structural divisions of the enterprise
all the same do not admit as administration of the center and are not provided with
financing in full the obligations stipulated in these documents. For today
practically there are no collective agreements and agreements in
facilities(economy) Балхашского, Раимбекского, Uigur and of some other areas
of area. Check of a course of performance колдоговоров in establishments of
formation(education) of the city of Taldykorgana has shown, that in separate of
them obligations of contracting parties have declarative character, not being
updated from year to year, leading intermediate results of performance of these
important documents is not carried out(not spent). Yet everywhere on due height
work on registration колдоговоров is put. Divisions of department of work,
employment and social protection of the population thus quite often break a major
principle of social partnership, considering the party(side) giving hired workers,
not the body created in the legislative order, and the various time
formations(educations) which are not having the status of the legal person.
     Attitudes(Relations) АСП with акиматом and areas can be named cities good.
Due to personal communications(connections) and authority of the first head of
trade union of leaders of trade union invite to all actions of city, they participate in
assemblies and sessions, are members of Advice(Council) NPO at акимате cities.
However, get on reception to Акиму Almaty within one and a half years chairman
АСП cannot. At a level of the first assistant solve all questions. Everyone are
considered with the leader of trade union. Instead of with trade union. At a regional
level support of trade unions is stronger. The trade union estimates administration
of city with restraint. Never criticizes, however would like to have more attention
and influence.


                   Interaction with higher trade-union bodies


As it was already marked above, after 8 years of an opposition as a result of which
nobody has won, ФПРК and АСП have signed the agreement in which transfer
вносов makes on a contractual basis no more than 2 %. All this contains as
fiduciary that there were no disagreements among other members ФПРК. Signing
of the contract has taken place to anniversary congress of trade unions of the
country, and has been perceived(recognized) as achievement of both parties(sides).
     Distribution of payments – remained a trade secret of trade union.
        Participation of trade union in distribution of a social package


     The trade union in distribution of a social package does not participate, as
it(him) simply is not present. On foreign firms such packages is present, but it is a
bilateral agreement between the hired worker and the employer.
     However separate trade unions together with administration have a
number(line) of privileges, as for example, trade union " Парасат " Treasury
him(it). аль-Фараби. It(he) puts a part of the trade-union payments, no less than
administration a part of money resources puts in the maintenance(contents) of
sanatorium on lake Issyk Kul and school camp for children of employees. Cost of
the permit approximately decreases for 10-20 % from usual. Such privilege is
accessible to not socially not protected layers of the population, and that who can
pay expensive(dear) enough permit and road to rest or the permit in school camp.
Well-being of people constantly grows, and already irrespective of the contribution
of trade union many buy permits in school camp of area which every year
catastrophically does not suffice for all. Therefore about deprecication there can
not be a speech. Trade union " Камкорши " really help the parents having children
- schoolboys, however due to own means.
     Акимат began to allocate tenders on the state purchases for work of school
camps. However incompetence of some chiefs of camps, corruption and disbelief
has not received due distribution among all preschool establishments.


                    Legal aid of trade union to the members


                                       2002.
     Significant work in 2002 was carried out(was spent) by trade unions of region
and on rendering a free-of-charge legal aid by members of trade unions and
socially poorly protected categories of the population, assistance in carrying out of
investigation of accidents on manufacture, to maintenance legal and material
support of workers received a labour mutilation. For the accounting period by the
Union of trade unions and his(its) member organizations it has been given to
applicants of 324 written answers and over eight thousand oral consultations on
questions of correct application of norms of the civil, labour and housing right, the
tax and pension legislation, about payment of welfare payments and the address
help.
    As before, the special place in work of Advice(Council) borrowed(occupied)
rendering a free-of-charge legal aid by members of trade union and to socially
poorly protected categories of the population. For the accounting period his(its)
device considers 80 written references(manipulations) of citizens, 75 official
explanations and the conclusions, 17700 oral consultations on questions of the
civil, labour and housing right, the pension legislation and about payment of
welfare payments are given.
      №        about work of legal department АСП for 2003.                     К
                                                                          ол-
                                                                           in
      1        1. The conclusion колдоговоров and agreements:                   1
 .1        Examination of projects колдоговоров and agreements is         2
                            lead(carried out)
      1      Participation in work of conferences (assemblies) on               2
 .2                      acceptance колдоговора
      1    Participation in structure of the commission on acceptance           9
 .3                      колдоговора as the expert
      2                     2. Rendering a legal aid:                           8
 .1                       It is given oral consultations                  75

      2                 Including: on personal reception                        1
 .2                        To heads of trade unions                       90
              To participants of the Second World War, invalids                 1
                                                                          10
                                                                                2
                                                                          0
      2                 It is given written explanations                        8
 .3
      3   3. It is considered complaints and applications(statements):          5
 .1       has acted(arrived) complaints and applications(statements)
      3          It is given written answers to complaints and                  4
 .2                       applications(statements)
      3    The help in drawing up of documents in judicial and other            6
 .3                         bodies is rendered
      3    Quantity(Amount) of cases of participation in proceedings
 .4             under claims of members of trade unions
      4       4. The organization of study of a trade-union active:
 .1       It is prepared and lead(is prepared and carried out) seminars         1
                                                                          6
      4            Participation in work of branch seminars                     9
 .2
      4     The publication and performances(statements) in mass
 .3                              media
                           Explanatories and additions
              Advisory legal aid appears daily, without any restrictions, both
   on personal reception, and by phone.
      The help appears all irrespective of membership in trade union and an
accessory(a belonging) to this or that trade union as to check these questions it
is impossible.
                 Meetings with heads of trade unions occur practically daily.
                 The practical help under judicial documents of the worker of the
    Kazakh society blind (twice, together with Сахауевым А.) is rendered, to
    citizen Абдулдиной Ж. on section of an apartment with the drinking
    husband (has received the share in an apartment and has got for itself and the
    child a separate apartment), on collecting debts on профсоюным to
    payments of trade union Parasat (together with Kurochkin В.), trade union
    of agrarian and industrial complex (together with Хасановым Т.), etc.
                 Inquiries in Ministry of Justice, Ministry of Labor, to deputies
    on application ст.ст are made. 1 and 32 ЗоТ РК (representatives of workers)
    – (answers are received)
                 Offers to deputy Kvjatkovskoj T.G. – on perfection ЗоТ are
    directed.
                 The written explanation by inquiry of department облакимата
    on payment of the medical certificate of invalidity is given
                 The material on board горпрокуратуры on questions of
    observance of the legislation on work and a labour safety is prepared.
                 The written legal conclusions under collective agreements of
    firm FILIP MORIS, Joint-Stock Company the Sugar center, joint-stock
    company the Machine-building factory, and oral on joint-stock company
    AZTM, trade unions Adal, Energy, Сеним, Медуниверситет are prepared.
                 Having speeded up in drawing up of the Analysis under
    Charters of trade unions KazGu (it is authorized by conference), КазГМУ,
    joint-stock company the Machine-building factory.
                 Participation in preparation of materials on session city
    маслихата on questions of observance of the legislation on work and labour
    safeties.
                 The complaint of the invalid of III group Chakenovoj on
    drawing up of the certificate(act) about accident under form ì-1 is
    considered.
                 Перезаключены contracts of rent for 2003.
                 The material to Astana on board of the State Office of Public
    Prosecutor (hearing in Маслихате) on observance of the legislation on work
    and a labour safety is prepared.
                 The analysis of judicial documents on labour dispute on
    translation into other work of the chief of a department of library for blind is
    lead(carried out). (the meeting with director of library together with
      chairmen of trade union of culture of Kurochkinym V.N. with departure a
      place) Is lead(carried out).
                  Has taken part in a seminar in. Талдыкоргане in облакимате
      on questions of observance of the legislation on work and a labour safety (on
      September, 20).
                  Participation in preparation of materials on Advice(Council) of
      the Union on questions of perfection of work of trade unions with the
      analysis of the current legislation.
                  14 seminars (participation in seminars) on observance of the
      legislation on work in all areas of the city of Almaty and Талдыкургане,
      and also on Machine works (twice), КазГУ (three times),
      Сельхозакадемии, trade union of Communication(Connection), agrarian
      and industrial complex are lead(carried out), etc.
                  The written conclusion under the project of Collective
      agreement РГКП КазМНУ is given to him(it). Асфендиярова.
                  Participation with collective of the Almaty house of veterans on
      the organization of branch of trade union. The branch Is created in structure
      of trade union Ruhanijat.
                  Participation in preparation of the conclusion contracts (project)
      of trade union KazMnU from Open Company about the organization of
      improvement of employees КазМНУ during holidays.
                                          2004.
    Legal department АСП for 2004 leads(carries out) the certain work.
     In 2004 the basic question of references(manipulations) of citizens and the
member organizations were the published projects of Labour Code РК, practical
application of Law РК « About work in Republic Kazakhstan » and others before
the accepted statutory acts about work in those or other situations. On these
questions by workers of a department it is given over 800 consultations and
explanations. It is investigated more than 250 remarks which have acted(arrived)
from the member organizations. On results of generalization offers are directed to
Mazhilis of Parliament RK and the Ministry of Labour and Social Protection of
population РК on changes which would provide protection of the rights of workers
more full.
     Consultations on civil-law questions are carried out(spent) on personal
reception, seminars, by phone and at visiting the member organizations.
     The number of references(manipulations) on rendering the practical help on
development and the conclusion individual labour and collective agreements has
sharply increased. On questions at issue it is lead(is carried out) five meetings with
heads of the enterprises and their representatives.
     Under all written and oral references(manipulations) of citizens corresponding
checks are lead(carried out) and answers (five written references(manipulations))
are given. Repeated complaints did not act.
     Documents for the conclusion and renewals of economic contracts with
tenants of office accommodations of a building of the Union of trade unions are
prepared.
     The most important represents also rendering the practical help to Regional
trade union " Physician " on protection of the rights of workers of the City Center
AIDS. Preparation of claim materials in courts of the first and second instances,
participation in judicial sessions have helped 21 worker to return over 600
thousand tenge of illegally stopped payment of extra charges to the salary. In
judicial session it has been marked, that similar practice of the direct
reference(manipulation) of trade union with the claim in protection of the rights of
the members for last 5-7 years not was.
   Concrete legal questions are constantly discussed with профработниками the
member organizations.
    Monthly practice of acquaintance of workers of the device and the member
organizations with the new legislation from computer legal base proceeds.
     Now the department conducts work on acquaintance of member organizations
АСП with changes and additions in Law РК « About work in Republic Kazakhstan
» accepted by Parliament of Mazhilis in December, 2004.
      The certain work is lead(carried out) by the member organizations of the
Union and on rendering a free-of-charge legal aid to members of trade union and is
socially weak - protected to categories of the population of city and area. For a
fiscal year by experts of trade unions it is given free-of-charge 203 written and
over 12 thousand oral legal consultations to citizens and the member organizations
on questions of application in practice of norms of the civil, labour, housing right
and the pension legislation, the most part from them concerned the projects of
Labour Code РК published in a seal, changes of Law РК « About work in Republic
Kazakhstan » and others before the accepted statutory acts. Only to workers of
legal department АСП it is given over such 800 consultations and explanations, it
is investigated and generalized more than 250 remarks which have acted(arrived)
from the member organizations under projects of Labour Code РК. The last year
the Union of trade unions rendered the effective practical help to Regional trade
union " Physician " in preparation of claim materials in courts of the first and
second instances protecting the rights of workers of the Almaty city center AIDS,
his(its) lawyers have taken part in judicial sessions and have helped 21 person to
return over 600 thousand the tenge, earlier illegally stopped payment of extra
charges by him(it) to the salary.
     Other example, recently in a number of the villages located near.
Талдыкоргана the percentage extra charge to the earned payment was not paid to
teachers stipulated by the legislation 25-ти. Талдыкорганский territorial
Advice(Council) of trade unions repeatedly brought this attention to the question
local agencies of authority, облфинуправлением and the Ministry of Education
and sciences РК, however they in the answers allowed only indistinct explanations,
not undertaking any concrete measures from its part. Only after the
reference(manipulation) of this trade union to deputies city Маслихата, since
October, 1, 2004 to rural teachers surcharge has been restored by the decision of
his(its) session.


    Letnikovoj K.A.'s interview, vice-president АСП:
      - According to regional tripartite agreements on social partnership and
collective agreements, our trade unions have accepted responsibility for
preparation of children's city improving camps for summer holiday of children and
teenagers. During the accounting period questions of their completion have been
completely solved by the qualified medical and pedagogical staff of leaders and
tutors, the methodical help on licensing work of camps is rendered. The union of
trade unions together with departments of formation(education) of city and area in
May of the last year has lead(has carried out) seminars - meetings with
заслушиванием reports of areas and corresponding services on readiness for
reception of children for their summer holiday. In accounting year worked 28
загородних camps, in many of which children of rural areas of area had a rest also.
For example, 150 children and teenagers from area Balhashskogo have visited
improving camp « Young домостроитель ». In total for the years(summer) period,
i.e. From June, 2 till August, 25, in загородних, school, tent, sports camps and
camp sites had a rest over 30 thousand children.
     The certain work has been lead(has been carried out) by trade unions on
improvement of workers of wage labour. Especially it is necessary to note trade
union " Камкоршы " which has got during the accounting period 343 preferential
sanatorium permits for workers of system of communication(connection), and also
trade union " Парасат " of workers Treasury him(it). аль-Фараби, 1993 employees
who have improved in summertime of university and members of their families.
Талдыкорганским by territorial Advice(Council) of trade union of workers of
formation(education) and a science it has been spent about 2 million tenge of own
means for purchase of 140 permits in sanatoria and dispensaries "Сары-Агаш",
"Measure", "Жаркент-Арасан" and "Каратал", and trade union of teachers of area
Zhambylskogo "Устаз", the person numbering more two thousand, during summer
holidays has given out to workers of a regional education system of 43 preferential
sanatorium permits for a total sum in 650 thousand tenge. Such examples in the
city of Almaty and areas now are not individual, as, having strengthened the
financial position, trade-union structures began to solve more actively questions on
rendering the charitable help to the members of trade union and their improvement.
     In connection with carrying out in Republic Kazakhstan of actions of
celebrating of 10-th anniversary from the date of the beginning of development of
social partnership, the management(manual) of the Union of trade unions and the
member organizations in October, 2004 have taken part in work of city meeting
where a number(line) of heads of the organizations and trade unions has been
awarded with certificates of honour of the city of Almaty Akima and the Union of
trade unions. Final session of the Almaty city tripartite commission has taken place
in December 2004 on social partnership and regulation of labour and social
attitudes(relations) on which the parties(sides) have agreed upon signing the new
Regional agreement with validity the nearest three years. In February, 2005 the
similar tripartite agreement has been made in the city of Taldykorgane.


                    Regulation by trade union of labour conflicts


      Trade unions of our region have strengthened public control over observance
at the enterprises and in the organizations of guarantees to hired workers stipulated
by Laws РК « About work in Republic Kazakhstan » and « About a labour safety
». It is work it was carried out by forces of experts of the Union of trade unions and
his(its) member organizations with wide attraction of trade-union activists under
concrete references(manipulations) and complaints of members of trade unions. As
a whole for 2002 by us it has been considered about 1000 applications(statements)
of workers on questions of infringements of the labour and pension legislation,
rules of compensation of damage, about payment social and welfare payments. So,
for example, the city trade union of teachers "Устаз" in accounting year under
written complaints of members of trade union had been positively solved questions
on recalculation of the earned payment and holiday money more than 300 workers
of an education system, and also are restored on work through courts of four
teachers of high school №12. In connection with that trade-union bodies now at an
establishment of such certificates(acts) are unauthorized to take any measures of
influence on employers without the reference(manipulation) in judicial instances
the Union of trade unions last year has adjusted close cooperation with
departments of the Ministry of Labour and Social Protection of the population of
Republic Kazakhstan on Almaty and Almaty area.
     So, on April, 10, 2004 in a boardroom of the Union of trade unions the
meeting with city trade-union activists on questions of observance of the labour
legislation at the enterprises and in the organizations of region has been lead(has
been carried out). An especial role in amplification(strengthening) of work have
played lead(carried out) in the second half-year п.г. Under the initiative of the
Union of trade unions and Department of Ministry of Labor RK on Almaty
seminars - meetings under management(manual) Акимов Турксибского,
Жетысуйского, Ауэзовского, Медеуского and areas Bostandykskogo on which
concrete recommendations on prompting in this field of activity of the due order
and to improvement of информационно-legal work with managing subjects have
been accepted. Similar actions, but already at participation of Department on
Almaty area, the Union of trade unions and Акимов rural areas have taken place
in. Каскелен and Есик with trade-union activists and employers Карасайского,
Жамбылского, Талгарского and areas Enbekshikazahskogo. The final meeting on
this important problem has been lead(has been carried out) on August, 23, 2004.
In. Талдыкоргане where also there was a management(manual) of the Union of
trade unions and some our member organizations having the structural divisions in
area.
     The permanent job on protection of the labour and social and economic rights
of workers of wage labour is carried out(spent) with departments legal and social
protection of Advice(Council). With their participation only in 2004 at a stage of
pre-judicial trial 47 labour disputes are authorized and only in 8 cases members of
trade union addressed with claims in judicial instances.


              Participation of trade union in management of collective


      АСП only decoratively participates in management of city., are present on a
number(line) of social - significant actions. Not always leaders of trade unions are
invited even to mass actions. However it not their fault, and more likely – a
trouble. Practically all leaders of parties(sets), faiths and НПО participate in this or
that form of such plan in social actions акиматов.


                                      The conclusion


                      +                                         -
     Peace way of development                    There is no motivation for the
                                            introduction
     Preservation of school camps               There is no information
     Interest to trade unions in the     Same people – leaders, are not
summer for extraction of permits in present growth, prospects
school camp is great. The rest of a
rest house, but preferential permits
are not present
     Since 1992 constant signing of             There is no change of the staff
tripartite agreements except for 1998
     Meetings with the first замакима           Conservatism
and leaders of businessmen under the
tripartite agreement once in a quarter
     Free-of-charge legal aid                   Безинициативность
    Training of leaders of trade                There are no bright leaders
unions
    Representation        at   meetings,        There is no youth
assemblies
     The   big   influence     on   state       Only in the peace way
employees
   Contractual      basis    with    all        The society does not know trade
members АСП                                unions, it of it(him) is safe for this
                                           time has overlooked. Well all from it
   Personal                                    Nihilism
communications(connections)
     Authority of leaders                      Dependence
   Numerous        numbers(lines)    of        Were not reconstructed
members
    Regular receipt of payments       There is no new thinking, other
from state employees            outlook, all in an old fashion,
                                distributive functions, education,
                                sports actions, sometimes training,
                                but without new technologies
    The automatic introduction into       Exist      for     rent    of
numbers(lines) of trade unions of the premises(rooms), instead of from
budgetary organizations               payments
                                                Трипартизм only on a paper, in
                                           a stage of becoming


   In our opinion, the certain work as separate heads АСП is conducted. By a
summer activity grows.
     The big work is carried out(spent) in the field of social partnership. Gradually
there is clear business, a necessity of the conclusion of collective agreements, the
truth, they in the majority remain the decorative phenomenon.
     The open re-registration of members of trade union then all begins on the
places is necessary. The valid quantity(amount) of members of trade union remain.
And it, certainly, will be, probably, on kind ten times it is less. However, it will be
more fair - under the attitude(relation) to all. And only after that it will be
necessary to begin new work, it is perfect other, in new conditions, with new
thinking, answering calls of time.

				
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posted:8/29/2011
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