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Bulletin of Abai KazNPU. Series of Jurisprudence

ACCESS TO JUSTICE: UPDATING THE PROBLEM OF INDIVIDUAL LABOR DISPUTES

Published June 2022
Kazakh National Pedagogical University named after Abay
Kazakh National Pedagogical University named after Abay
Abstract

The idea of the research is to develop proposals, recommendations for improving the current model of judicial protection of the labor rights of the individual. We presented the author's position on the content of urgent problems of access to justice in resolving social and labor conflicts. Separate new approaches to solving urgent problems of resolving labor disputes have been developed. The obtained results of the review allow presenting an original academic view of the Kazakh practice of judicial settlement of labor disputes, which may be of interest to legal scholars and researchers. The analysis of compliance with the standards of accessibility of litigation in the field of protection of the labor rights of the individual is made, and specific
problems of applying for judicial protection inherent in individual labor disputes are identified. The authors identified the following problems with access to justice: the existence of a barrier in the form of conciliation commissions for free recourse to judicial protection; weak implementation of international human rights standards in the field of labor disputes; the vulnerable position of workers in social and labor conflicts in relation to the position of employers; a steady downward trend in the number of labor disputes ended by the conclusion of an amicable agreement, either in connection with the conclusion of an agreement on the settlement of a dispute through mediation, or in connection with the conclusion of an agreement on the
settlement of a dispute through a participatory procedure. The recommendations and conclusions of the study will stimulate discussion on ways to improve a justice system that operates in accordance with universal standards of human rights in the workplace.

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