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Bulletin of Abai KazNPU. Series of Jurisprudence

ACCESS TO JUSTICE: UPDATING THE PROBLEM OF INDIVIDUAL LABOUR DISPUTES

Published March 2023
Abai Kazakh National Pedagogical University
Abai Kazakh National Pedagogical University
Abai Kazakh National Pedagogical University
Abstract

The results of the review allow presenting an original academic view of the Kazakh practice of judicial settlement of labour 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 labour rights of the individual is made, and specific problems of applying for judicial protection inherent in individual labour 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 labour disputes; the vulnerable position of workers in social and labour conflicts in relation to the position of employers; a steady downward trend in the number of labour 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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