6. Bodies of the primary organization

6.1. Meetings (conferences) of the primary organization shall be held as necessary, but at least twice a year. Trade Union members shall be notified of the date, agenda, and venue of a meeting (conference) no later than two weeks before the scheduled date.

6.2. An extraordinary meeting (conference) shall be convened at the initiative of the trade union committee (trade union organizer), at the initiative of one-third of the organization’s members, or at the proposal of a higher-level trade union body. Trade Union members shall be notified of the date, agenda, and venue of an extraordinary meeting (conference) at least one week before it is held.
A meeting shall be considered quorate if more than half of the members of the primary organization participate.
A conference shall be considered quorate if at least two-thirds of the elected delegates participate.

6.3. Delegates to a conference shall be elected in accordance with the procedure established by the trade union committee, ensuring representation from the organization’s structural units in proportion to the number of Trade Union members in each unit.
The chairperson of the primary organization and their deputy shall be delegates to its conference by virtue of their positions.

6.4. A meeting (conference) may consider any matter relating to the activities of the primary organization. The exclusive competence of the meeting (conference) includes:

• determining the priority areas of the primary organization’s activities;
• hearing and discussing reports on the work of the trade union committee and the audit commission;
• deciding whether to conduct collective bargaining with the employer for the purpose of concluding a collective agreement and determining its principal provisions;
• hearing reports from the employer or its representatives and the trade union committee on the implementation of the collective agreement;
• approving the primary organization’s trade union budget and monitoring its execution;
• establishing funds, insurance cash offices, and other similar bodies, and hearing reports on their activities.

6.5. The following shall be elected to conduct the day-to-day work of the primary organization:

• in an organization with fewer than 30 Trade Union members, a trade union organizer;
• in an organization with 30 or more Trade Union members, a trade union committee.

6.6. Where primary organizations are geographically dispersed, councils of trade union committee chairpersons may be established, or a Trade Union representative position may be introduced, by decision of the relevant branch.

6.7. The trade union committee may make decisions on all matters relating to the activities of the primary organization, except those falling directly within the competence of the meeting (conference).

6.8. By decision of the trade union committee, trade union groups, trade union bureaus, and workshop committees may be established within the structural units of the primary organization. The following shall be elected to conduct their day-to-day work:

• election of all structures of the primary organization from the grassroots level upward, with annual reporting to the trade union members who elected them and to higher-level trade union bodies;
• voluntary membership in the trade union and the right to leave it freely;
• collegiality in the work of all elected bodies and individual responsibility for implementing decisions and fulfilling trade union assignments;
• diversity of opinions, freedom of discussion during the consideration of issues, and unity of action after a decision has been adopted;
• the supremacy of the requirements of the Trade Union Charter in decision-making.
• mandatory implementation of decisions adopted collectively and decisions made by higher-level trade union bodies;
• in a trade union bureau (workshop committee), a chairperson, a deputy chairperson, and members of the bureau.

6.9. By decision of the meeting (conference) of the primary organization, trade union bureaus (workshop committees) may be delegated certain powers of the primary organization to resolve day-to-day matters within their respective structural units.

6.10. The trade union committee shall independently determine the composition of its working bodies and their powers.

6.11. Meetings of the trade union committee shall be held as necessary, but at least once every quarter, and shall be quorate if more than half of its members participate.

6.12. The trade union committee shall conduct its relations with the employer or its representatives based on social partnership and non-interference in operational and administrative activities, provided that this does not violate applicable law.

6.13. Between meetings (conferences), the trade union committee shall organize the activities of the primary organization, prepare draft resolutions and other documents and materials for meetings, direct the work of workshops and other trade union bodies at the enterprise (institution or organization), and ensure the implementation of decisions adopted by meetings (conferences) and higher-level trade union bodies.

6.14. The trade union committee shall:

• assist the enterprise or organization in maintaining stable and profitable operations;
• promote the establishment of democratic principles in enterprise management;
• submit proposals to the employer or its representative concerning the adoption of workplace regulations on labor and socio-economic matters, review draft regulations and other documents prepared by management bodies, and express its views on them;
• represent the workforce, when mandated to do so, in collective bargaining and the conclusion of an agreement with the employer or its representative in accordance with the legislation of the Republic of Kazakhstan on labor. For this purpose, it shall:
  • collect proposals from trade union members concerning the draft collective agreement, prepare the draft, provide it to every employee, and organize its discussion in the structural units of enterprises and organizations;
  • jointly with the employer or its representative, establish on an equal basis a commission for collective bargaining and, where necessary, a conciliation commission. It shall participate in the work of a commission for resolving disagreements arising during negotiations and provide its representatives with expert, advisory, and other assistance;
  • organize workforce support for Trade Union demands through meetings, rallies, pickets, and demonstrations conducted in accordance with the law and, where the parties fail to reach agreement, organize strikes in accordance with applicable legislation;
  • exercise public oversight of compliance with legislation on occupational safety and labour relations;
  • conduct independent assessments of working conditions and occupational safety at enterprises and organizations;
  • participate in investigations of workplace accidents and occupational diseases and conduct such investigations independently where applicable;
  • participate in the consideration of labor disputes relating to violations of labor legislation, collective agreement provisions, or the establishment or amendment of working conditions;
  • participate in developing measures to prevent unemployment among employees, especially trade union members; monitor whether the employer provides timely information about potential mass redundancies, complies with statutory guarantees in the event of staff reductions, and pays compensation and benefits. Where necessary, it shall propose to the employer or its representative that redundancies be postponed, temporarily suspended, or implemented in stages. It shall take the prescribed measures to protect the interests of trade union members who are to be made redundant;
  • participate in decisions concerning working hours and rest periods, approval of shift schedules, determination of work lists and meal arrangements, the order in which annual leave is granted, the transfer of leave to the following working year, overtime work, and related matters;
  • participate in the development and implementation of remuneration systems and forms of financial and non-financial incentives, approval of bonus regulations and annual performance payments, and revision of labor standards;
  • participate in regulating the work of specific categories of employees, including determining the timing and procedure for additional breaks for breastfeeding mothers;
  • establish commissions and elect public inspectors responsible for monitoring compliance with labor legislation and occupational safety rules;
  • file claims with the courts to protect the rights and interests of trade union members;
  • organize free legal and advisory assistance for organization members, engage lawyers and qualified consultants at the expense of the primary organization where necessary, and appoint representatives to provide protection in court and before other bodies;
  • care for retired employees who are trade union members, provide them with necessary assistance, ensure that their interests are not infringed when ownership changes, and involve them in trade union assignments where necessary;
  • maintain records of trade union members and monitor compliance with the charter when admitting members and terminating membership;
  • organize the collection and implementation of critical comments and proposals from members of the primary organization;
  • organize and conduct sociological surveys among trade union members and use other methods to identify their views on matters of common interest;
  • explain to organization members the rights and role of trade unions in protecting their labor, socio-economic, and other rights and interests;
  • organize the dissemination of legal and economic knowledge and reliable information on the socio-economic situation within the organization, enterprise, region, and country among trade union members and the workforce;
  • approve the primary organization’s trade union budget and monitor its execution.

6:15. The chairperson shall:

• act as the authorized representative of the primary organization in its relations with the employer and other bodies, and independently resolve operational matters outside the competence of the trade union committee and the trade union meeting (conference);
• establish temporary commissions and working groups to examine issues and prepare decisions for the trade union committee and general meeting (conference), and involve experts, specialists, and trade union activists in the committee’s work;
• convene and chair meetings of the trade union committee and sign collective agreements;
• manage the work of the trade union committee’s salaried employees;
• organize training and provide guidance to elected trade union activists;
• conduct financial transactions and conclude contracts in coordination with the trade union committee;
• exercise the right to receive training and improve professional skills at trade union educational institutions, courses, and seminars;
• with the consent of Trade Union members and based on their individual applications and an agreement with the administration, arrange for membership dues to be paid by bank transfer and remitted to the relevant branch’s account in the amounts prescribed by the Trade Union Charter;
• bear personal responsibility for compliance with the Charter.

6.16. In accordance with the Law of the Republic of Kazakhstan “On Trade Unions,” members of the trade union committee and other persons authorized by it shall have the right to:

• enter and inspect workshops, departments, and other workplaces at enterprises and institutions without obstruction;
• request relevant documents, information, payroll calculations, and other records from the administration.

6.17. In the event of the denationalization and privatization of an enterprise, the trade union committee shall:

• seek to include its representative on the privatization commission and in the governing bodies of the newly established non-state enterprise;
• exercise public oversight of compliance with statutory benefits for the workforce and individual Trade Union members, and actively defend their rights and interests.

6.18. The trade union committee shall be accountable to the meeting (conference) and higher-level trade union bodies. It shall report annually to the members of the primary organization and regularly submit statistical and financial reports to the relevant Trade Union branch within the prescribed time limits.

6.19. The term of office of the elected bodies of the primary organization (trade union groups, group organizers, trade union bureaus, trade union organizers, and trade union committees) shall be five years.

6.20. The relevant Trade Union branch shall decide when reporting and elections are to be held in primary organizations. The trade union committee shall decide when reporting and elections are to be held in trade union groups and trade union bureaus.

6.21. Unless otherwise provided by the Charter, decisions of trade union meetings, conferences, and elected body sessions shall be deemed adopted if, in the presence of a quorum, more than half of the organization members, conference delegates, or elected body members present vote in favour.

6.22. The meeting (conference) shall determine the procedure and form of voting for the election of the trade union organizer, the chairperson of the primary organization, and members of the trade union committee.

6.23. Subject to a quorum, candidates shall be deemed elected if they receive more votes than the other candidates and more than half of the votes cast by the meeting participants, conference delegates, or trade union committee members participating in the relevant proceedings.

6.24. Where necessary, supplementary elections to the trade union committee or early elections may be held.
Supplementary elections shall be held when partial renewal of the trade union committee’s membership is necessary.
Early elections shall be held if the chairperson of the primary organization or members of the trade union committee leave office before the end of their term, or by decision of a higher-level trade union body where the work of the committee or chairperson is unsatisfactory or they have seriously violated the Trade Union Charter.