Kazakhstan

Article 171. The right to strike

1. If the resolution of the collective labor dispute is not achieved through conciliation procedures, as well as in cases where the employer evades the conciliation procedures or does not fulfill the agreement reached during the resolution of the collective labor dispute, the workers may decide to strike.

2. The decision to hold a strike is made at a meeting (conference) of workers (their representatives).

A meeting of workers is recognized as legal if more than half of the total number of employees of the organization participate in it.

The conference is recognized as legitimate if at least two-thirds of the delegates elected by the workers participate in it in accordance with protocol decisions.

It is assumed that the decisions of the meeting (conference) of workers were made by the majority of the voters. When it is not possible to hold a meeting (conference) of workers, the representative body of workers has the right to approve its decision by collecting the signatures of more than half of the workers who support the strike.

3. The strike is managed by the body (strike committee) authorized by the workers (their representatives). If the workers of several employers (their representatives) make the same demands and declare a strike, it can be managed by a joint body formed by the same number of these workers' representatives.

4. Participation in the strike is voluntary. No one can be forced to participate in a strike or to refrain from participating in a strike.

5. Persons who force workers to participate in a strike or refuse to participate in a strike shall be liable in accordance with the procedure established by the laws of the Republic of Kazakhstan.

Article 137-1. The procedure for the implementation of activities on the provision of personnel services
5. To send employees of the sending party to the receiving party to perform the work, the following:

1) replacement of workers participating in the strike in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

2) replacement of workers who refuse to perform work in the conditions and in the order established by the labor legislation of the Republic of Kazakhstan, except for the deterioration of the worker's health;

3) in order to save jobs when employees are threatened with dismissal, it is not allowed in cases of idling, implementation of bankruptcy procedure, introduction of part-time work regime.

Criminal code "Article 402. The actions, provoking to continued participation in the industrial action, recognized by court as illegal
1. Calls for continued participation in a strike recognized illegal by the court, committed in public or with the use of mass media or telecommunications networks, as well as bribery of employees for this purpose –

shall be punishable by a fine in the amount of up to 200 monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to 200 hours, or by arrest for a term of up to 50 days.

2. The same actions, inflicted substantial harm to the rights and legal interests of citizens or organizations or legally protected interests of society or the state or entailed the mass disorders, -

shall be punishable by a fine in the amount of up to 2,000 monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to 500 hours, or by restraint of liberty for a term of up to two years, or by imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to two years or without it."

According to Article 402 of the Criminal Code (2016), incitement to continue a strike declared illegal by the court is punishable by up to one year in prison, and in certain cases (substantial damage to the rights and interests of citizens, mass unrest, etc.) by up to three years in prison. In May 2020, this section was amended and now provides for additional penalties. Anyone who calls, through the media or in public, to continue a strike that has been deemed illegal by the courts shall be punished by a fine or correctional labour or community service of up to 200 hours or arrest of up to 50 days. Where such a call is deemed to have caused significant damage to the legitimate interests of citizens or organisations, or to the interests of society or the state, or to have led to unrest, the accompanying penalty may be up to 500 hours of community service or imprisonment of up to two years. Restrictions may be added to the right to hold certain offices or engage in certain activities for a period of two years.