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Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kazakhstan (Ratification: 2000)

Other comments on C144

Observation
  1. 2011

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Articles 1, 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations. The Government indicates that the most representative organizations of workers and employers for purposes of the Convention are: the Federation of Trade Unions of the Republic of Kazakhstan, the Kazakhstan Confederation of Labour, the Commonwealth of Trade Unions of Kazakhstan, the National Confederation of Employers (PARYZ), the Kazakhstan Association of Oil and Gas and Energy Complex Organizations (KAZENERGY) and the National Association of Mining and Metallurgical Enterprises. The Government also refers to the tripartite commissions on social partnership at the national, sectoral and regional level. In this context, the Committee notes the information that a General Agreement for 2024–26 was concluded at the meeting of the National Tripartite Commission on Social Partnership in March 2024. The General Agreement establishes the main areas for cooperation on creating favourable and safe working conditions, ensuring conditions for improving the quality and competitiveness of human capital and achieving a high standard of living for all Kazakhstanis. The General Agreement also stipulates the discussion of possible ratification of several ILO Conventions, including the Minimum Wage Fixing Convention, 1970 (No. 131), the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Safety and Health in Mines Convention, 1995 (No. 176), the Collective Bargaining Convention, 1981 (No. 154), the Occupational Health Services Convention, 1985 (No. 161), the Holidays with Pay Convention, 1970 (No. 132), the protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), the Safety and Health in Agriculture Convention, 2001 (No. 184), and the Violence and Harassment Convention, 2019 (No. 190). The Government also states that through the National Tripartite Commission and its working groups, the social partners consider issues of ratification and denunciation of ratified conventions, agenda items of the International Labour Conference, and the recommendations of ILO supervisory bodies. The Government further indicates that reports on the application of ILO Conventions under article 22 of the ILO Constitution are prepared jointly with the social partners. The Committee requests the Government to continue to provide updated detailed information on the content and outcome of the consultations held within the National Tripartite Commission on Social Partnership on each of the matters related to international labour standards listed under Article 5(1) of the Convention, particularly with regard to: Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the outcome of the tripartite consultations held with regard to the possible ratification of the above-mentioned Conventions.
Article 4. Administrative support and financing of training. The Committee notes that the Government does not provide information in response to its previous comments. The Committee, therefore, once again reiterates the request to the Government to provide information on the manner in which administrative support is provided for the procedures laid down in the Convention, as well as on arrangements made for the financing of any necessary training of participants in the consultative procedures on international labour matters required by the Convention.
Article 5(1)(b). Prior tripartite consultations on proposals made to the Parliament. The Committee notes that the Government does not provide information in response to its previous comments. The Committee, therefore, once again draws the Government’s attention to its previous comments on the constitutional obligation of submission. It urges the Government to take steps without delay to examine, together with the social partners, the measures to be taken to ensure prior effective consultations on the proposals made to Parliament when submitting the 41 instruments adopted by the Conference between 1993 and 2023.
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