of December 19, 2003 No. 9
About some questions of application by courts of the legislation in case of permission of employment disputes
For the purpose of uniform application in court practice of some regulations of the legislation by consideration and permission by courts of employment disputes the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. Draw the attention of courts that the right of everyone to judicial protection of the rights and freedoms affirmed by article 13 of the Constitution of the Republic of Kazakhstan extends also to employment legal relationship.
2. Employment relationships of separate categories of persons are governed not only regulations of the Labor code of the Republic of Kazakhstan (further the Labor code), but also special legal acts (about public service, about law-enforcement bodies, etc.).
By consideration of employment disputes on the legal relationship which are not settled by special regulatory legal acts, courts it is necessary to be guided by regulations of the Labor code.
If the working conditions of separate employee categories regulated by other regulatory legal acts below the conditions established by the Labor code, then in case of permission of employment dispute shall be applied the last.
3. The employment disputes following from the employment contracts provided by the Labor code can be considered as extrajudicially by conciliation commission, and directly court. The appeal to conciliation commission is the right, but not obligation of the Party of employment dispute.
Any categories of employment disputes by agreement of the parties can be considered by conciliation commissions.
In case of disagreement with the decision of conciliation commission, and also its non-execution, the party of employment dispute has the right to file the petition.
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The document ceased to be valid since October 24, 2017 according to Item 37 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of October 6, 2017 No. 9