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哈萨克斯坦实施新劳动法旨在形成新的自由劳动关系模式。新法出台既有国际宏观背景的传导作用,又有国内劳动力市场的内生性原因。通过对旧法相关条款的废除、修改和新增,新劳动法更加明确劳动力市场主体责任、义务及政府作用,注重保障劳动自由、司法公正、平衡经济利益等内容,提高了劳资协议的法律约束力,强化了社会合作关系。因此,新法对促进哈新型劳动关系规范的形成、劳动力市场发展、劳动法体系健全、外国劳动力跨国就业及本地化、中小企业发展等方面产生了一定的积极影响。但新法虽为特定人群创造了就业机会,却减少了其部分福利,在强化雇主权利及权益方面减弱了工会效力。这有可能使得劳资双方地位不对等现象更加显著、特定人群就业更加困难。此外,新法对在哈中资企业及中方劳务输出也将产生影响。
The implementation of the new labor law in Kazakhstan aims to create a new model of free labor relations. The introduction of the new law has both the conductive role of the international macro-level background and the endogenous reasons of the domestic labor market. Through the repeal, modification and addition of relevant provisions of the old law, the new Labor Law has made it more clear about the responsibilities, obligations and government functions of the labor market, and has paid attention to the protection of labor freedom, justice, and balance of economic interests, and has strengthened the legally binding force of collective bargaining agreements , Strengthen the social cooperation. Therefore, the new law has had a certain positive impact on promoting the formation of the new normative labor relations norms, the development of the labor market, the soundness of the labor law system, the cross-border employment and localization of foreign labors, and the development of small and medium-sized enterprises. However, although the new law has created employment opportunities for certain groups of people, it has reduced some of its benefits and weakened the effectiveness of trade unions in strengthening employers’ rights and interests. This may make the phenomenon of unequal status of both employers and employees more pronounced, and employment of certain groups of people will be even more difficult. In addition, the new law will also have an impact on the export of labor services by Chinese-funded enterprises in Kazakhstan and China.