Providing a balance between employer and employee interests through the development of a procedural mechanism for protecting their rights

Abstract

ackground: This article presents a study of the theoretical and practical aspects of balancing the interests of employers and employees in the context of Kazakhstan and the United States. The core purpose was to develop such mechanisms that can aid in balanced employer-employee relations in Kazakhstan. The article analyses the role of legal codes and frameworks for the elimination of imbalance in disputed employment relations. Methods: A qualitative study was conducted and the relevant legislation, codes and extant literature related to the rights of employees and employers were explored, which included ILO documents and relevant research articles. The article investigates Kazakhstan’s and United States’ labour code and legislation to determine the applicable procedural mechanisms for balancing the interests of employers and employees. Results and Conclusions: On the basis of this study, a number of recommendations have been developed, aimed at protecting the interests of both employers and employees. In particular, the article presents a procedural developed mechanism based on three aspects of employment relations: Social dialogue, collective bargaining and dispute resolution aimed at securing the rights and interests of both parties. The developed mechanisms not only facilitate mutually beneficial decisions appealing to the interests of employees and employers via social dialogue and collective bargaining agreements but also aim to reduce the number of labour disputes in the courts in the future with alternative resolution mechanisms.