RESOLVING INDIVIDUAL LABOR DISPUTES IN KAZAKHSTAN IN THE ERA OF HUMAN RIGHTS

The main role of labor law is that it harmonizes the interests of society, the state, as well as workers and employers in the field of employment. One of the mechanisms for ensuring such a reconciliation of interests is an effective judicial system, which must be “tuned” to the special...

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Autores principales:	Ye. Buribayev, Zh. Khamzina
Formato:	article
Lenguaje:	EN KK RU
Publicado:	Al-Farabi Kazakh National University 2021
Materias:	individual labor dispute mediator labor conflict justice labor law Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/014cf4df084e42768b30c2febd473712
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spelling	oai:doaj.org-article:014cf4df084e42768b30c2febd4737122021-11-05T09:56:40ZRESOLVING INDIVIDUAL LABOR DISPUTES IN KAZAKHSTAN IN THE ERA OF HUMAN RIGHTS10.26577/JAPJ.2021.v99.i3.031563-03662617-8362https://doaj.org/article/014cf4df084e42768b30c2febd4737122021-09-01T00:00:00Zhttps://bulletin-law.kaznu.kz/index.php/journal/article/view/2526/2245https://doaj.org/toc/1563-0366https://doaj.org/toc/2617-8362The main role of labor law is that it harmonizes the interests of society, the state, as well as workers and employers in the field of employment. One of the mechanisms for ensuring such a reconciliation of interests is an effective judicial system, which must be “tuned” to the special subject composition of labor relations; should differentiate the principles of civil and labor contracts; to provide a special approach to the settlement of labor disputes, taking into account the vital necessity for citizens to par-ticipate in hired labor, to receive remuneration; take into account the risk for citizens of loss of life and health in labor relations if the employer does not comply with labor protection measures; take into ac-count the impossibility of restoring the original position of the parties (bring the parties to their original position) when terminating the employment contract. The study is aimed at developing the theoretical and methodological foundations of the judicial form for resolving labor disputes. The scientific and prac-tical significance of the work lies in the substantiation of proposals for further improving the procedures for resolving labor disputes. Methodologically, the study was carried out using traditional methods in-herent in legal science: formal legal (dogmatic), sociological and legal, the method of legal modeling, as well as the critical legal method of legal knowledge. The main results are aimed at improving the current practice of implementing the judicial form of protecting social and labor human rights.Ye. BuribayevZh. KhamzinaAl-Farabi Kazakh National Universityarticleindividual labor disputemediatorlabor conflictjusticelabor lawLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENKKRUХабаршы. Заң сериясы, Vol 99, Iss 3, Pp 28-36 (2021)
institution	DOAJ
collection	DOAJ
language	EN KK RU
topic	individual labor dispute mediator labor conflict justice labor law Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	individual labor dispute mediator labor conflict justice labor law Law in general. Comparative and uniform law. Jurisprudence K1-7720 Ye. Buribayev Zh. Khamzina RESOLVING INDIVIDUAL LABOR DISPUTES IN KAZAKHSTAN IN THE ERA OF HUMAN RIGHTS
description	The main role of labor law is that it harmonizes the interests of society, the state, as well as workers and employers in the field of employment. One of the mechanisms for ensuring such a reconciliation of interests is an effective judicial system, which must be “tuned” to the special subject composition of labor relations; should differentiate the principles of civil and labor contracts; to provide a special approach to the settlement of labor disputes, taking into account the vital necessity for citizens to par-ticipate in hired labor, to receive remuneration; take into account the risk for citizens of loss of life and health in labor relations if the employer does not comply with labor protection measures; take into ac-count the impossibility of restoring the original position of the parties (bring the parties to their original position) when terminating the employment contract. The study is aimed at developing the theoretical and methodological foundations of the judicial form for resolving labor disputes. The scientific and prac-tical significance of the work lies in the substantiation of proposals for further improving the procedures for resolving labor disputes. Methodologically, the study was carried out using traditional methods in-herent in legal science: formal legal (dogmatic), sociological and legal, the method of legal modeling, as well as the critical legal method of legal knowledge. The main results are aimed at improving the current practice of implementing the judicial form of protecting social and labor human rights.
format	article
author	Ye. Buribayev Zh. Khamzina
author_facet	Ye. Buribayev Zh. Khamzina
author_sort	Ye. Buribayev
title	RESOLVING INDIVIDUAL LABOR DISPUTES IN KAZAKHSTAN IN THE ERA OF HUMAN RIGHTS
title_short	RESOLVING INDIVIDUAL LABOR DISPUTES IN KAZAKHSTAN IN THE ERA OF HUMAN RIGHTS
title_full	RESOLVING INDIVIDUAL LABOR DISPUTES IN KAZAKHSTAN IN THE ERA OF HUMAN RIGHTS
title_fullStr	RESOLVING INDIVIDUAL LABOR DISPUTES IN KAZAKHSTAN IN THE ERA OF HUMAN RIGHTS
title_full_unstemmed	RESOLVING INDIVIDUAL LABOR DISPUTES IN KAZAKHSTAN IN THE ERA OF HUMAN RIGHTS
title_sort	resolving individual labor disputes in kazakhstan in the era of human rights
publisher	Al-Farabi Kazakh National University
publishDate	2021
url	https://doaj.org/article/014cf4df084e42768b30c2febd473712
work_keys_str_mv	AT yeburibayev resolvingindividuallabordisputesinkazakhstanintheeraofhumanrights AT zhkhamzina resolvingindividuallabordisputesinkazakhstanintheeraofhumanrights
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RESOLVING INDIVIDUAL LABOR DISPUTES IN KAZAKHSTAN IN THE ERA OF HUMAN RIGHTS

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