OVERVIEW
  On February 26, 2021, the Zoom platform hosted the International Scientific and Practical Conference "Monitoring of Labor and Other Legislation: Social and Legal Aspect". The international status of the conference was ensured by speakers from Belarus, Kazakhstan, Russia and Uzbekistan. The conference was organized by the Department of Civil Law and Civil Procedure, Labor Law of the Law Faculty of the Al-Farabi Kazakh National University in cooperation with the Eurasian Law Academy named after D.A. Kunaev and the Eurasian National University named after L.N. Gumilyov.


  The moderator of the plenary session was the head of the Department of Civil, Labor and Environmental Law of the Law Faculty of the L.N. Gumilyov, Doctor of Law, Professor Nurmagambetov Amanzhol Magzumovich. In his report on the topic "Some issues of modernization of the labor legislation of the Republic of Kazakhstan" Doctor of Law, Professor Nurmagambetov Amanzhol Magzumovich touched upon the history of the formation of labor legislation in Kazakhstan. It went through a series of reforms. First, after the Labor Code of the Soviet period, the 1999 Labor Code was adopted, then in 2007 they returned to the Labor Code of Kazakhstan, and finally, in 2015, the Labor Code of Kazakhstan was adopted. In 2020, agency labor was regulated in the Labor Code of Kazakhstan. The institution of social partnership has been developing since 1990–2000, but in Kazakhstan it did not function at a sufficiently high level. In 2020, a number of strikes took place in Kazakhstan, and spontaneously, without observing the norms of labor legislation. The workers put forward demands of an economic nature. The Labor Code of Kazakhstan contains 29 grounds for terminating an employment contract at the initiative of the employer. The legislator should think about the abolition of such a basis for dismissal as absenteeism without a good reason, tk. employers sometimes use it in practice to get rid of unwanted workers.
 Nurgalieva Enlik Nurgalievna, Professor of the Department of Civil, Labor and Environmental Law of the Law Faculty of the L.N. Eurasian National University Gumilyov, Doctor of Law spoke on the topic: "Problems of legislative support of collective labor disputes." According to the speaker, the need has matured to settle collective labor disputes by peaceful means before organizing a strike. Most of the strikes are illegal. It all started with the Jonesin strikes, there were fatalities. There are many shortcomings, gaps in the TC Kazakhstan 2015, much has been done in it in the interests of employers and foreign investors. There is even no concept of collective labor dispute in the Labor Code of Kazakhstan in 2015. Instead of the category of “local regulation”, the term “employers' acts” is used. These acts are adopted taking into account the opinion, but they can be adopted without taking it into account if the terms of agreement by the trade union are violated. It is necessary to rely on the conventions and recommendations of the ILO when reforming the institution of collective labor disputes. Article 24 of the 1995 Constitution of Kazakhstan enshrines the right of workers to collective labor disputes, including the right to strike.

Uvarov Vitaly Nikolaevich, Professor of the Eurasian Law Academy named after D.A. Kunaev, Doctor of Law on the topic: "Organizational and managerial relations in labor law." The speaker touched upon the intrusion of the norms of administrative law into labor law, into labor legislation. This is an objective necessity. Management is required wherever joint work is carried out, which goes back to the works of Karl Marx. Any production process requires control. The institution of civil service is studied in both administrative and labor law. According to the speaker, civil service is a kind of labor activity, so labor law could cope with it. But it is unlikely that the administrative law will give it up. Labor law should deal with the social and labor rights of civil servants. In the subject of labor law, it is necessary to highlight labor relations with organizational content.
  Alexander Mikhailovich Kurennoy, Head of the Labor Law Department of the Law Faculty of the Moscow State University named after M.V. Lomonosov, Doctor of Law, Professor, Honored Lawyer of the Russian Federation made a presentation on the topic: "Topical issues of legal regulation of labor relations in the Russian Federation." Attention is drawn to the differences in the approaches of lawyers, economists and politicians to issues in the world of work. The right manifests itself at the level of conflict. Then you can understand how this or that legal norm works. Almost no university in Russia teaches such a discipline as law-making or rule-making. Attention is drawn to the problems with the transition to digital workflow in the world of work; not all employers are ready for this. The speaker touched upon the amendments to the Constitution of the Russian Federation, it is good that they did not correct Article 37 on freedom of labor, but in another article they added a norm on respect for a working person. In Russia, ideas are being expressed about rewriting the Labor Code of the Russian Federation. Although 115 amendments and additions were made to it, the Labor Code is a kind of "labor constitution". The common part of the Labor Code is very important, the courts often rely on it. If something is missing in a particular part, you need to refer to the norms of the general part. Another problem is that employers are asking: let us conclude fixed-term employment contracts with all employees so that they can be fired without any guarantees. The speaker briefly touched upon the decision of the Supreme Court in Great Britain in the cases of UBER volunteers to recognize their status as workers.

Lushnikov Andrey Mikhailovich, Head of the Department of Labor and Financial Law, Yaroslavl State University named after PG Demidova, Doctor of Law, Doctor of History, Professor made a presentation on the topic: "Labor contract: a variety of approaches." The speaker described in more detail the outcome of the complaints filed by 35 UBER drivers in the Supreme Court of England and Wales. Representatives of the UBER platform note that they have strengthened the guarantees of these drivers since 2016, when these lawsuits began. The implications of this decision are not yet clear. It was drawn to the multidimensionality of the employment contract. The speaker described the labor contract in five aspects: as an institution of labor law, as the most important and non-legal fact, as a model of an employment relationship, as an act or agreement of the parties, and as a form of exercising the right to work and a way of exercising the employer's right to hire labor.
  Tomashevsky Kirill Leonidovich, Professor of the Department of Civil Law Disciplines of the International University "MITSO", Doctor of Law, Professor spoke on the topic "Labor activity of migrant workers and digital nomads under the legislation of the EAEU member states." Read the full text of the report as an article in this issue (on p .__). The speaker also dwelled on a number of controversial issues in the philosophy of labor law based on the results of studying a new monograph by Professor of Tomsk State University V.M. Lebedev.

Tomashevsky Kirill Leonidovich,
Professor of the Department of Civil Law Disciplines
International University "MITSO", Doctor of Law, Professor
 Editor-in-chief of the journal "Labor and Social Law"

ТиСП_№1(37)_2021.pdf