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Table of contents
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Table of contents

0:00
А. Ушаков председатель алм. филиала РОО
0:27
Региональное соглашение о соц. партнерстве
3:30
М. Ицакова председатель ППО АМШ
3:41
Начало борьбы
4:33
ЗП местных
5:55
ЗП иностранцев
6:14
Закон о статусе педагога
6:53
Создание ППО
7:54
Первые репрессии
8:28
Судьба переговоров по колдоговору
9:03
Сентябрь 2022 и “ненастоящий” профсоюз
10:25
Давление на ППО
13:46
Ж. Омарова профсоюзный активист
14:12
История Ж. Омаровой
15:26
О трудовом договоре
17:15
Давление на активистов
18:25
Увольнение
20:22
Дискриминация в АМШ
23:52
А. Ушаков
24:44
Хронология событий
26:50
Жалоба в инспекцию труда и ответ на нее
29:19
Запрет профсоюза в АМШ
29:57
О судах
31:31
Не работающая согласительная комиссия
34:10
Вопрос из зала
36:08
АМШ должна соблюдать закон о статусе педагога?
36:41
Процент местных и иностранных преподавателей
37:23
Вопрос из зала
39:05
Вопрос из зала
39:25
Дальнейшие действия
40:53
Реакция руководства на пикет Жаныл
43:05
Дискриминация профсоюза в АМШ
43:53
Письма от европейских профсоюзов
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Профсоюз Профсоюз
интервью Профсоюз
интервью
школа Профсоюз
интервью
школа
международная школа Профсоюз
интервью
школа
международная школа
Алматы Профсоюз
интервью
школа
международная школа
Алматы
Алмата Профсоюз
интервью
школа
международная школа
Алматы
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  • ruRussian
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00:00:04
Hello, my name is Ushakov Andrey. I
00:00:07
am the chairman of the Almaty
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branch of the
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republican public
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association, the Trade Union of Employees of
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State Public Service Institutions.
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And today I want to tell you about our,
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so to speak, difficult
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Trade Union activities. In
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particular, I now have in my hands a
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regional agreement on social
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partnership signed between the Akimat of the
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city of Almaty. The trade union center of the
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city of Almaty is topped by the Almaty Union of
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Trade Unions and the association of legal
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entities, the national confederation of
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employers and entrepreneurs in brackets of the
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Republic of Kazakhstan for
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2021-2023,
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so this regional agreement, so that
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everyone understands, was concluded on the basis of a
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general agreement
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on social partnership, which is
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signed by both the
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government of the Republic of Kazakhstan
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and regional
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republican associations of
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Trade Unions, this is the
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FPRK, this is the confederation of Trade Unions of
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Kazakhstan and
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where we enter the Commonwealth of Trade Unions of
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Kazakhstan, namely, it was signed personally by
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Andrei Igorevich, and so I want to
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start by reading some excerpts
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from this regional agreement,
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which the word repeats the General
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Agreement. I looked, anyone who is curious can
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take an interest
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here. let's say section 2 social
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partnership, this is,
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first of all, the parties have assumed
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obligations to develop a social
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partnership aimed at
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complying with legislative and
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generally accepted international norms of rules;
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they interfere in the activities of the
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association of associations of trade
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unions and associations of
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associations of employers' unions without
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interfering with their creation and
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functioning of the development of the institution
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of bilateral social partnership in
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accordance with the conventions and
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recommendations of the international
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labor organization providing for the right of the parties,
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representatives of employers of workers,
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to jointly consider issues
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affecting the well-being of
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workers and increasing
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labor productivity,
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this agreement is valid in
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particular regional for all
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organizations of the enterprise within the framework of, so to
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speak, an
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administrative-territorial unit
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in in particular, the city of republican
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significance Almaty
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and it turns out, as I already said, it
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was signed on the basis of a general
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agreement that is already valid
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throughout the entire country, literally all
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the words are rewritten
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as on paper, as you see, everything is
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absolutely beautiful and looks magnificent.
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However, let’s listen to what it looks like in practice,
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in particular people who
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work directly with labor
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collectives directly work in the
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field I give my word to Itsakova May Hello,
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my name is May Isakova and in the spring I
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am now the chairman of the
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primary trade union organization of the
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Almaty International School and in the spring of
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2020 a group of 15 local
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employees began to resume, or rather,
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their fight for their rights We have been
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trying to conduct some kind of
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dialogue with our leadership for many, many years, and from time to
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time we achieved some
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small successes, but again and again we rolled
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back. In 2020, the
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initiative group began to conduct again,
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tried to negotiate again,
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began to correspond
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with the leadership if Don’t you suddenly
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know that almost all
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international schools in the world practice
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paying local employees several times
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lower than employees hired from
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abroad? And we don’t know how much
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our foreign colleagues earn, but
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our local colleagues, in principle, do not
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hesitate to talk about how much they
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earn. In the
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2021-22 school year, the average local
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employee earned $300-$500 per
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month,
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with few salaries reaching
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$1,000 per month
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this school year after a year of pressure
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from local employees. The average
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salary of local teaching
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assistants increased by about 12
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percent, this is the largest increase,
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as far as I know, in the entire history of
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our school And with the current level of
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price growth, the difference is eaten up instantly and I
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will give an example from us and this example is
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slightly modified in order to maintain the
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conferentiality of employees who
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share such stories, the
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nth employee earns about 180
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thousand tenge per month and rents housing for
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190 thousand tenge per month and this is the housing
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she moved to to save money.
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That is, she moved from a two-room to a
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one-room apartment with children
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and now
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you know how the rent is growing by
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leaps and bounds, at some point this
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employee simply won’t be able to live because
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that he does not have the opportunity to rent
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housing, it is
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also worth mentioning that foreign
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teachers, in addition to salaries approximately 4-6
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times higher than our local ones, also receive
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free housing, payment for flights,
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free education for their children at
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our school, and many other privileges
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originally from our initiative group of
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15 employees
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based their demands on the law on the
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status of And the teacher who clearly speaks
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about increasing salaries for teachers of all
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schools in the Republic of Kazakhstan
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But besides vague assurances from the
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school administration that salaries
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will be raised and conditions will be improved,
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you have achieved only one
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physical improvement, so to speak this is a
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health benefit and we now receive a
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health benefit in accordance with the
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law On the status of a teacher, the
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primary trade union organization at the
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Almaty International School
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exists Officially since April 2022,
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since I apologize in the spring of 2020, we
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have lost some of our fellow associates, so to speak,
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who stopped
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participating active in some kind of struggle for
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their labor rights
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from April 20 to June 20 22, I apologize
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from April 22 to June 22, the
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primary trade union organization
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grew from 4 to 11 members. That is, all
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15 never united, given that in
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general we the
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teaching staff of local
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teachers is
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about 40 people, that is, we do
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n’t have that many,
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and some of our colleagues admitted
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that they were afraid of losing their jobs or they
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were afraid of being subjected to some other
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type of discrimination in the workplace,
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and soon after we invited
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management to negotiate concluding a
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collective agreement in April
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2022, one of our most active
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participants in trade union activities, Zhanna,
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was notified that her contract would not be
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renewed for the next academic
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year. Zhanna reached retirement age in 2019, if I’m not
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mistaken, which
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was, as we suspect, the reason for
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irritation with her about the contract. Well,
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this coincidence, of course, raises a
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lot of questions and genres. In the future,
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negotiations on the conclusion of a collective
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agreement will also tell in more detail, neither in the spring nor in
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the summer of 22, there was constant
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correspondence between the management and the chairman
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of the trade union, that is, with me,
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and we suspect that the management wasted
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time by asking the same questions over
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and over again Despite the fact that the school
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has a highly qualified lawyer
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who could understand the labor
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code and advise them, instead
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they
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constantly demanded that I just a
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citizen explain some laws to them and
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in mid-September
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2022 year, the school management announced that it did
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not recognize our primary trade union
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organization as legitimate.
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In response to this, in writing, I provided all
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the documents we had. For example, a
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resolution of the Presidium of the industry with
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employees of state
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public service institutions on the admission of
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our primary trade union organization to the
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branch And a huge amount of
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other documentation which
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our leadership actually saw,
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but they continued to insist on
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seeing even more information,
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for example, they demanded our position in the charter,
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as far as we read
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the laws of the trade unions, we were
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not obliged to provide this information and yet
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they continue to insist that we
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provide, that is, all the information
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which only can be which
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can only exist also around
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the middle of September of this year in the
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department we sent
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labor inspectors to the department and on our own behalf on
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behalf of the primary trade union organization
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Andrei sent a complaint that they are not
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our organizations, that is, our
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management does not respond to us a call, so to
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speak, to conclude a collective
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agreement
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and then on September 20, just recently,
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local members of the conciliation commission and
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local administration representatives
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convened a General Meeting of all local
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employees, there were only 52 of us there,
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the meeting began with the question of the
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legitimacy of our primary trade union
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organization, but within an hour
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there was legitimacy recognized, I again
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showed the same papers that I
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had previously sent to everyone and the
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legitimacy was no longer
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questioned, but they began to urge all
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other employees
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not to participate in negotiations on
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concluding a collective agreement and even
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voted against anyone at the
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school concluding a collective agreement
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and the members The primary trade union
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organization unanimously stated that
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they felt pressure from
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non-members of the organization, given
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that non-members of the primary trade union
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organization cannot vote
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on decisions previously made by the
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primary trade union organization, and even
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more so try to change an opinion that
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was already formed earlier
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and is therefore unclear. goals
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pursued by this meeting in addition to
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psychological pressure and intimidation, a
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clear example of pressure on colleagues
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are the following actions and all
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participants During this meeting of the
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trade union organization were asked to stand up
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and when some participants refused
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they insisted several times they persistently
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asked everyone who is part of the trade union to
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stand up and in the end everyone did not members of the Trade Unions
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began to demonstrate all the
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members and began to look at them carefully,
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this somehow even reminds
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me Personally of some era of McCarthyism in the USA
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and now members of the primary trade union
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organization are experiencing another crisis,
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considering that from the very beginning of our
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trade union we had one crisis after
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another
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Due to the obvious pressure of an unfavorable
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environment in the workplace, some
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members of the primary trade union organization are
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thinking of leaving the organization and it is
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ironic that
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some of our local colleagues who
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are not members of the primary
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trade union organization are now saying that we, as a
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trade union organization, tried to
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represent their interests without their knowledge and
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protect their rights against their will when
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they did not ask us then, being in the
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majority, they are now
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putting pressure on us so that we do not fight for
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our rights, but we never spoke for
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them. We always simply invited at best,
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but in no case did we insist or
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assert that a collective agreement
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will be concluded for everyone because this
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Elementarily does not comply with
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the law
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and I also forgot to mention that the practice of
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intimidation and selective benefits for
00:13:30
some local employees
00:13:31
has been practiced, as far as we know, from the
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very beginning of the work of our school
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and if you don’t mind, tell us
00:13:41
more about your case because that it is
00:13:43
very revealing
00:13:47
Hello,
00:13:49
first of all, I want to confirm everything that
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Maya just said, I myself last
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year witnessed all these processes of
00:13:58
various situations as a witness and not
00:14:02
just a witness to the active participants
00:14:03
because they fight against me at school
00:14:22
in my school where I worked
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almost 30 years 93 years from the very beginning when
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the school was founded I came to this school as a
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teacher of the Russian language for foreigners
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Since then I
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worked part-time, then I switched to
00:14:45
full-time work because in those
00:14:48
days I was
00:14:49
n’t happy with the work, it was interesting I
00:14:51
really love my school I say even in the
00:14:54
past tense for now I hope to
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recover I love my colleagues all the
00:15:01
local
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foreigners I love my students very much
00:15:05
This is a wonderful place to work but
00:15:08
unfortunately this year, or rather two years in the
00:15:11
twentieth year, it started we began to
00:15:14
fight for our rights, that is, we are
00:15:18
not even at the beginning We They didn’t even talk about
00:15:21
equalizing our salaries. Although according to
00:15:25
the law. And by the way, according to the Employment Agreement,
00:15:28
which is signed by our
00:15:31
employer and each employee. Well,
00:15:34
I’ll even
00:15:35
quote our employment agreement dated
00:15:40
March 5, 2012, which was signed by the
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director before school,
00:15:45
the employee has the right to demand paragraph 2
00:15:48
from the employer to fulfill the terms of
00:15:50
the contract, clause 12, again, the employee has the right
00:15:54
to protect his rights and legitimate
00:15:56
interests in all ways that do not contradict
00:15:58
the law, which is what we did,
00:16:01
clause 13 of the same contract
00:16:04
for equal treatment, the employee has the right to equal
00:16:08
pay for equal work without any
00:16:10
discrimination
00:16:12
section 4 legal responsibilities
00:16:16
the employer is obliged, again, the same
00:16:18
contract to comply with the requirements of the labor
00:16:21
legislation of the Republic of Kazakhstan,
00:16:24
contract agreements issued,
00:16:27
that is, it is written in black and white what
00:16:30
they are obliged to do, clause 6
00:16:34
provides the employee’s representatives with
00:16:36
complete and reliable information
00:16:38
necessary for negotiations, we
00:16:41
cannot achieve
00:16:42
the employer should at least tell us
00:16:45
what kind of salary
00:16:47
foreign employees and ours receive in the garden Yes, so that
00:16:51
we can compare, that is, here up to paragraph
00:16:55
16, enter an accurate record of working time,
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including overtime work performed by
00:17:01
the employee, that is, in the employment contract,
00:17:04
which of course is drawn up on the basis
00:17:06
labor legislation of our country
00:17:09
and in the employment contract, all this is on
00:17:13
paper, it’s all signed, but when we
00:17:16
started our struggle, we began the process, we
00:17:20
felt different pressure on us,
00:17:23
it was different. For me, it was in
00:17:26
the beginning, the first meeting was held with me, the
00:17:29
meeting lasted
00:17:31
67 minutes, I wrote it down before
00:17:35
I have audio of this meeting;
00:17:37
two of our directors,
00:17:40
Dr. Jason Craig and Mister Roth, the
00:17:45
head of our department, Tatyana
00:17:48
Isaeva, were present at the meeting as a translator, she and
00:17:51
I, four of us were at this meeting. Moreover,
00:17:52
I asked to
00:17:55
invite May as a translator since we were in one
00:17:58
struggle, and then we didn’t have
00:18:00
a trade union yet, but we already had some kind of a union,
00:18:03
we felt like a cell, so they didn’t
00:18:06
allow me to do it, they said that all
00:18:08
information should be confidential,
00:18:11
for 67 minutes, I think they put pressure on me. I
00:18:15
think that these were threats. I suspect
00:18:18
that such
00:18:20
meetings, or maybe something else, were
00:18:22
held not only with me, but probably with
00:18:25
everyone. So,
00:18:27
in the end, at the end of the last
00:18:31
academic year, on May 19,
00:18:34
2022,
00:18:36
just after the next meeting
00:18:39
about these questions,
00:18:43
I just at the end of the meeting Doctor Rod,
00:18:46
he put a paper in front of me on which
00:18:49
was written a notice that in
00:18:51
two months we are terminating the contract with you,
00:18:56
that is, there were no grounds. I have been
00:18:59
working since 2019,
00:19:02
the contract was renewed with me. I retired
00:19:05
due to age in 2019 and then
00:19:10
within three years, the contract with me
00:19:11
was extended. Nothing happened. I didn’t
00:19:14
get sick. I don’t miss work. I don’t sit
00:19:18
on sick leave for a long time. I look fine. I’m not
00:19:21
limping. nothing happened. What
00:19:25
happened was
00:19:27
that they considered me, the director
00:19:32
considered me a leader, as if he
00:19:35
considered me. that I
00:19:37
probably pose some kind of threat
00:19:41
and this one informed me, in the
00:19:45
end, now I don’t work at the school,
00:19:48
but although I still hope that we
00:19:52
will prove our right in court Yes, I
00:19:55
will prove it more accurately with my lawyers
00:19:59
Here we are I I think that at school there is a
00:20:04
lot of In our school, to those
00:20:09
moments that I do not comply with either the
00:20:13
law or our Employment contract, the
00:20:15
rights of local
00:20:18
employees are violated everywhere and constantly, there is
00:20:23
discrimination, for example, people older than me
00:20:26
even work, and foreigners showed me the
00:20:30
door. This is discrimination, but with this we are
00:20:35
not we agree, that’s why
00:20:37
in the spring of last year
00:20:45
we opened a Trade Union cell because we
00:20:50
felt that yes,
00:20:52
the fight wo
00:20:54
n’t just happen, employers do
00:20:57
n’t want to meet us halfway, didn’t even take
00:21:00
small steps, although we used
00:21:04
civilized methods of struggle, we wrote
00:21:07
letters, we addressed, we talked at the meeting, that
00:21:10
is, but we didn’t see the
00:21:14
slightest movement towards this
00:21:17
in this situation on the part of the employer
00:21:19
and that’s why we organized a cell they gave a
00:21:23
very good story,
00:21:26
it really was very small at first 4
00:21:29
members were yes At first there were only
00:21:32
us, mine and I were of course the first to
00:21:35
join Who are we were the organizers,
00:21:39
then it came 11, in my opinion, yes. Well, if
00:21:45
we retreat now, if we
00:21:48
don’t continue now, then I think that
00:21:54
the cell will simply cease
00:21:57
to exist. Therefore, I think it’s very
00:21:59
important to appeal to the public. I’m
00:22:03
sure that we are not the only such
00:22:06
organization that I have encountered these
00:22:09
problems. I am sure that there are many
00:22:13
organizations where the rights of workers are simply
00:22:16
not respected. The rights are spelled out as you
00:22:19
see. I just read it to you and the rights
00:22:22
are spelled out. The employer signs the
00:22:24
Document and believes that all that is all
00:22:28
he has to do is sign the document. And
00:22:30
this is enough
00:22:31
tension with the laws of our country. countries
00:22:35
where they earn money Yes, I
00:22:39
think they are completely neglected by their employers
00:22:42
And if we are workers, this is our business, we
00:22:45
must
00:22:48
demand Yes, and fight for our rights
00:22:52
then I think
00:22:55
we can Now this is the time We think I think
00:22:58
we can do this, I call for this
00:23:00
and I call on the public
00:23:03
to support because we are all
00:23:06
ultimately workers to some extent
00:23:08
Yes, it’s unlikely that anyone here is an
00:23:10
employer; we are workers, so it’s
00:23:13
everyone’s business. I think I
00:23:16
would also like to note that Zhanna was fired
00:23:20
without asking the opinion of the primary trade union
00:23:24
organization. The fact is that Zhanna was a member
00:23:26
of the Committee and did not ask me or Andrei
00:23:31
Ushakov for our
00:23:33
motivated opinion, the management, we
00:23:35
believe that she should use
00:23:37
this in court as evidence that
00:23:40
she was fired precisely for her Trade Union
00:23:43
activities and that she had reached
00:23:46
retirement age. This was just a reason.
00:23:49
Well thank you, I’m the only one who
00:23:52
will clarify the purely legal points a little.
00:23:55
So, at the same time, I’ll restore
00:23:59
the chronology of the
00:24:01
shelves. As they say. It’s not for nothing that I
00:24:04
started this regional
00:24:06
agreement, which, as I repeat,
00:24:08
was concluded on the basis of a general
00:24:09
agreement on social partnership. There I
00:24:12
read the function clauses regarding the
00:24:16
development of
00:24:19
social partnership itself, including including
00:24:22
bilateral ones, including it is
00:24:25
written there that
00:24:27
collective ones need to increase the number of
00:24:30
medium-sized enterprises to 94 2
00:24:34
percent Where will there be a collective agreement
00:24:36
to improve the well-being of
00:24:39
the Workers However, how does all this look
00:24:42
in practice, look now,
00:24:45
starting from the very beginning on April 25, 202, the
00:24:49
primary
00:24:51
trade union organization On April 26, she
00:24:54
became part of the branch, that is,
00:24:57
by the decision
00:24:58
of the branch, she was accepted for
00:25:00
professional services in the future. On April 29,
00:25:03
Maya sends the first notice of the
00:25:06
start of collective negotiations,
00:25:10
then we are on May 4. I am already
00:25:15
attaching this notification to the application to
00:25:18
my superiors from the branch. I
00:25:22
am sending it by mail. by
00:25:24
registered mail because there, as I
00:25:26
understand it, on April 29, they didn’t bother to
00:25:29
sign the resolution to put what
00:25:31
they accepted. So
00:25:33
I’m attaching it
00:25:35
and I get the following answer:
00:25:38
provide the charter, provide the
00:25:40
regulations, provide there almost
00:25:44
from where your funds are not formed. How are
00:25:46
your organs formed, and so on and so
00:25:48
forth like
00:25:49
why I can’t understand this, I attached a
00:25:51
certificate of state registration, an extract from
00:25:54
the charter and later it was provided
00:25:56
that members of the non-profit
00:25:59
organization Almaty International
00:26:02
School can be part of this
00:26:04
trade union.
00:26:06
However, within 10 working days, as
00:26:11
required by law, it
00:26:14
turns out that we are not We started
00:26:18
these negotiations,
00:26:20
as a result, we applied for the first time back in
00:26:24
May. The labor inspection department,
00:26:26
then still the social
00:26:28
welfare department, received the answer
00:26:30
that we could not carry out an inspection due to the fact
00:26:32
that we were
00:26:34
reorganizing in the future, I waited
00:26:37
until it turned out, then Zhanna
00:26:40
sent complaint On my own behalf, they
00:26:42
answered and gave that there was no one from the management.
00:26:45
Therefore, I decided to wait until the
00:26:47
management directly came out and
00:26:49
was on the ground and again sent a complaint
00:26:51
to the labor inspection department, not
00:26:55
here the reply came that in the list of
00:26:58
requirements of the checklist
00:27:00
approved by orders of the Minister of
00:27:02
Health and Social Development of the Republic of Kazakhstan on
00:27:04
December 25, 2015, number 1022 and the
00:27:09
Minister of National Economy of the Republic of Kazakhstan dated
00:27:12
December 28, 2015, with number 801 for
00:27:16
compliance with labor legislation,
00:27:17
the issue indicated in your application,
00:27:19
evasion of participation in
00:27:21
collective bargaining for the conclusion of a
00:27:22
collective agreement is absent, that
00:27:25
is, a strange situation turns out to be article
00:27:28
156 such rk provides that the parties
00:27:31
must enter into negotiations when
00:27:34
notification is received within 10 working
00:27:36
days
00:27:37
on this basis, Article 97
00:27:40
provides for an
00:27:42
administrative sanction, that is,
00:27:44
avoidance of participation in negotiations, failure to
00:27:46
ensure the work of a commission in the amount of
00:27:49
400 MCI for the guilty party
00:27:52
and who initiates
00:27:55
this administrative proceeding
00:27:57
due to the fact that the
00:28:00
State Inspection Department labor is not moving in any way
00:28:03
on the topic of
00:28:06
how it was written on the bureau’s website that
00:28:09
inspection paralysis
00:28:12
will be written to the prosecutor’s office. Let then
00:28:14
the prosecutor in the Urazbay district
00:28:16
initiate a Resolution on the
00:28:20
initiation of administrative
00:28:23
proceedings, let them be fined. I don’t know,
00:28:25
because we have in our hands a
00:28:27
regional agreement where black people
00:28:29
white is indicated this agreement is already a callus
00:28:33
on the tongue rubbed signed on the basis of the
00:28:35
general agreement The general
00:28:37
agreement as Andrei Igorevich told me
00:28:39
it was developed over the course of
00:28:41
six months and why it was developed
00:28:43
that just to become a piece of paper to
00:28:46
lie down on the table it turns out of course the papers are all
00:28:50
splendid with us Well, in practice you
00:28:52
will provide you
00:28:54
will ensure equality of the parties Social partnership And
00:28:58
since you do not ensure Social
00:29:00
partnership, this is what I want to say,
00:29:02
instead of entering into negotiations with us,
00:29:05
they first of all
00:29:06
fired an employee who at the time of
00:29:10
termination of the employment contract was a
00:29:12
member of the pravkom Without taking into account a
00:29:14
reasoned opinion What is
00:29:17
the rudest in violation of the law,
00:29:20
they took Zhanna to the local team after the picket in
00:29:26
May, they sent a letter to the local team in the mail
00:29:29
where they demand not
00:29:32
to introduce themselves and not to mention
00:29:34
the trade union at all when talking to teachers,
00:29:36
employees, by the way, we also reflected this
00:29:39
in the statement regarding
00:29:41
discrimination on the basis of the trade union, they did
00:29:45
not react to this at all Okay, you are
00:29:48
somehow evading participation in
00:29:50
collective bargaining, you
00:29:52
can’t do anything like this. You
00:29:53
will react to this. But again we have
00:29:55
inspection paralysis, why are they
00:29:57
sitting there at all, so they tell me the court,
00:29:59
contact the court. Yesterday I was in court, I had
00:30:02
banking sports there, the judge is all
00:30:04
alarmed, he has 800 proceedings against her
00:30:07
alone,
00:30:08
really 800 proceedings suffer from this, the
00:30:11
quality suffers.
00:30:13
Forgive
00:30:14
the administration of justice because I
00:30:18
really think this judge is purely
00:30:20
human,
00:30:22
not that it’s a pity for her, I understand that there are 800
00:30:26
proceedings. And how are you going to figure out
00:30:28
what Brains you need? to have, but with such
00:30:30
work of our state institutions, but there will be
00:30:33
1600 proceedings per judge, everyone
00:30:36
sends the court in fact I read
00:30:39
[music] a
00:30:41
scientific and practical reference book, it
00:30:43
turns out comments from the Code of Administrative Offenses of the Republic of Kazakhstan The fact is
00:30:46
that administrative law is very
00:30:48
cumbersome, massive, it says that
00:30:50
the prosecutor initiates Why They did
00:30:54
n’t send me a prosecutor then. They would have said, well,
00:30:56
write the prosecutor, I have to figure it all out myself.
00:31:00
Okay, let’s write to the prosecutor. Let the prosecutor of the
00:31:03
Nauryzbay region initiate
00:31:05
administrative proceedings. Let in the
00:31:07
end the state machine work a little
00:31:09
because the regional
00:31:11
agreement was signed directly by
00:31:12
Kim directly by the government,
00:31:16
we expect help from the state in
00:31:19
implementation of our labor rights
00:31:21
Can I add literally Yes,
00:31:25
regarding the fact that Andrei said that the courts
00:31:27
there are
00:31:28
full, they are loaded Yes, precisely so
00:31:33
that
00:31:34
pre-trial Yes, there is such a pre-trial
00:31:38
resolution of disputes at school, we have a
00:31:40
conciliation commission
00:31:43
organized last year, it also began, it
00:31:46
seems, in the winter in my opinion, more precisely this
00:31:49
year,
00:31:51
or at the end of last year or at the beginning of this
00:31:54
year, a
00:31:56
conciliation commission which means,
00:31:59
according to the rules, three parity should be
00:32:02
three members of
00:32:04
the employee three members of the employer precisely
00:32:07
in order to resolve labor
00:32:09
disputes of some kind, that is, really
00:32:11
This is so that the courts courts we
00:32:15
only reached out to something that really
00:32:16
requires a trial, I
00:32:19
state I declare that at the school at the
00:32:24
Almaty International School they made
00:32:26
this body an agreement and the commission is simply,
00:32:30
well, nothing at all, they don’t consider this
00:32:35
body
00:32:36
important at all, they neglect it, I myself was a
00:32:41
member of the conciliation commission on
00:32:43
the employer’s side, you chose me
00:32:46
by a majority of votes I was
00:32:48
chosen by the employee
00:32:53
I was chosen as a member of the conciliation
00:32:55
commission So this is the conciliation
00:32:59
commission I think it generally requires
00:33:01
some kind of additional analysis because
00:33:05
they allow
00:33:08
outrageous things, for example, writing deliberate
00:33:11
lies in the decision of the conciliation commission
00:33:14
I have all the evidence of this, the
00:33:19
conciliation commission works with
00:33:21
violations and in the end, all the
00:33:24
applications that we sent because
00:33:27
this is a process, now we had to
00:33:29
go through the conciliation commission in order to
00:33:31
then go to court for all the
00:33:33
applications, a negative decision was issued
00:33:36
not in favor of the employee.
00:33:39
In general, this is
00:33:42
additional, that’s just me I heard
00:33:44
now another fact that the
00:33:49
leadership of the Almaty International
00:33:51
School does not respect the laws of the country in which it is
00:33:55
located, they do not comply with the laws of Kazakhstan, they
00:33:59
do not just do not comply, but you can say they
00:34:02
just hammered on him, yes Or
00:34:09
a few questions
00:34:12
about the school they
00:34:15
teach there, the broadcasts will turn out to be
00:34:17
foreigners or both and other
00:34:19
international schools, they work in
00:34:23
basic subjects since the diploma
00:34:25
is issued in the American style, the basic
00:34:28
subjects are taught to foreign children, I
00:34:31
don’t know now how it was last year, in
00:34:34
my opinion, 70 percent was a month no less
00:34:36
But
00:34:38
no, when I wrote when
00:34:44
I helped with lending, it was about 30 percent
00:34:48
two years ago Now I would say it
00:34:50
probably grew to 40 percent Well, yes,
00:34:53
locals, that is, the numbers were much
00:34:55
lower Yes, namely students of local students
00:34:58
But this is nevertheless still a huge
00:35:00
number because
00:35:02
initially this school was opened for the
00:35:05
children of so-called expats for
00:35:08
children ambassadors of diplomats and children of
00:35:14
international business leaders and so
00:35:16
on. And now we still have at
00:35:19
least 50 percent of them. These are the children of the so-
00:35:22
called expats, but there are
00:35:27
more and more of our local students, but again, all these companies
00:35:29
operate on the territory of the Republic of
00:35:33
Kazakhstan must conduct ourselves in
00:35:35
accordance with the legislation of the
00:35:37
Republic of Kazakhstan and our school, too,
00:35:39
our leadership even vaguely admitted
00:35:45
that
00:35:47
in the 90s, when the school opened, the
00:35:50
legislation here was
00:35:52
blissfully incomprehensible, so
00:35:55
as they say, they took advantage of it, but now
00:35:59
everything is becoming according to the law and more often this
00:36:04
has a
00:36:05
negative impact on the us on employees,
00:36:08
in fact, I personally contacted the
00:36:11
labor inspectorate of the city of Almaty with a
00:36:13
request whether the
00:36:16
international school Almaty school as a
00:36:18
private school should comply with the law,
00:36:20
first of all, the law on the status of a teacher, they
00:36:23
answered me unequivocally Yes, the school must
00:36:27
comply with
00:36:28
act in accordance with
00:36:30
the law That is, they are not
00:36:32
state-owned schools are not
00:36:34
only supposed to be state schools, but also private schools
00:36:37
where there are our
00:36:38
students, they are also obliged to
00:36:46
approximately 80 percent of foreign
00:36:48
teachers, that is, very few
00:36:50
local employees, as I said, 52
00:36:52
people were present at one of the
00:36:54
few meetings of local employees
00:36:57
and there were representatives of the
00:36:59
so-called office workers.
00:37:03
there are those people who work at
00:37:05
the reception, for example, also teachers,
00:37:07
teaching assistants, these are vacancies
00:37:10
that Previously we did not have in local
00:37:13
public schools,
00:37:15
now it is starting to appear
00:37:16
little by little, that is, of our local
00:37:19
employees, I would say that we are a
00:37:21
minority,
00:37:32
approximately we know these are ours, which means
00:37:36
colleagues, friends of the
00:37:37
school, we do not provides such
00:37:40
information if you look at the average
00:37:44
salaries of teachers in the USA, for example, and if
00:37:47
you look at the vacancies that are opening
00:37:49
for such positions, for example, in other
00:37:52
countries, you can get an idea of
00:37:55
what salaries they have, again,
00:37:59
we have never demanded that our
00:38:02
salaries be completely equalized, although in theory
00:38:05
according to the law, we can demand this, but we are
00:38:08
aware that they are paid because otherwise
00:38:12
they simply will not come and the school then
00:38:14
will not be able to exist, and in the form in
00:38:17
which it has existed for how many 30
00:38:20
years, so we seemed to ask for an improvement in
00:38:24
our working conditions with understanding and then
00:38:27
yes, we did not ask to rent housing for us. We did
00:38:30
not ask to pay for our flight from
00:38:32
one side of the earth to the other. We and
00:38:36
some of our employees have
00:38:37
some benefits, and of course I won’t mention anyone in
00:38:40
particular because of
00:38:42
confidentiality issues, but some of
00:38:45
our employees receive benefits and For
00:38:47
example, we have a suspicion that
00:38:51
those employees who receive some kind of
00:38:54
unspoken benefits are possibly against
00:38:56
our Trade Union activities, but
00:38:58
we cannot say this for sure
00:39:00
because it is quite difficult
00:39:03
to prove -
00:39:07
all directors and all head teachers except
00:39:11
literally two to or one Even we have
00:39:14
people Now who is in charge, so
00:39:17
to speak, but this is the head of the department, this is not the
00:39:19
management
00:39:22
Thank you all, I don’t have any questions in the room,
00:39:26
please tell me here
00:39:30
Well, the body is clear In principle, your
00:39:32
next steps
00:39:35
Yes, this is how we are going to move forward,
00:39:41
we will simply seek our
00:39:44
legal right to conclude a
00:39:45
collective agreement participate
00:39:48
directly in the lives of workers
00:39:50
to increase, so to speak, the well-being of
00:39:54
members of the trade union organization and that's all And
00:39:58
everyone who joins us sooner or later
00:40:00
I hope there will be such people
00:40:03
I will defend my right to be
00:40:07
reinstated at work in court I hope
00:40:10
that I will be reinstated I want to be
00:40:14
reinstated at my job I
00:40:16
think that this would be an excellent
00:40:19
precedent Well, the trade union will help with this
00:40:22
because your dismissal is a slap in the
00:40:25
direction of the trade union organization because they did
00:40:28
n’t even ask for a
00:40:29
reasoned opinion to be taken into account. Although this is in fact a
00:40:32
formality, but a significant formality,
00:40:35
so we could express our opinion,
00:40:38
and a legitimate opinion.
00:40:40
So if if we had expressed an opinion, I don’t
00:40:43
agree, yes, they got fired, it would have been
00:40:46
according to the law, we at least would have expressed this
00:40:48
opinion,
00:40:49
so we demand reinstatement.
00:40:52
And here’s another question: remember in early
00:40:57
August or mid-August, you
00:40:59
spent somewhere
00:41:03
after that there was a
00:41:06
movement on the part of
00:41:11
the employer there were no movements,
00:41:13
nothing,
00:41:15
they only reacted by
00:41:17
closing the gates. Yes, and even the employees
00:41:20
who wanted to enter, they were forced to go around,
00:41:24
barricaded themselves, there were no movements.
00:41:34
It was
00:41:42
no, there was nothing at all. I’m
00:41:46
surprised in general by the employer’s position; I was
00:41:50
still working at school, yes. I
00:41:53
also addressed the management of
00:41:56
qsi qsi this is the system in which
00:41:58
our school operates, our school has many of them around the world. There is a school in
00:42:02
Bishkek, in Astana there is our
00:42:05
school in Atyrau
00:42:08
in Ashgabat, I think in Dushanbe in Baku there are a
00:42:11
lot of schools in Europe here and there.
00:42:14
I wrote a letter to the management, they
00:42:21
just didn’t even respond with a reply, that
00:42:25
is, there was no reaction at all,
00:42:27
I think it’s very unprofessional and
00:42:29
disrespectful, it’s not even about the fact that I
00:42:32
worked for 30 years, the point is that I was a
00:42:35
member of the team at that time,
00:42:38
Americans really like to say that
00:42:40
we are a family,
00:42:42
but in reality there
00:42:45
was no one, no one talked to me
00:42:48
at all, that is, don’t nominate them.
00:42:50
This notice was issued and there
00:42:52
was nothing else.
00:42:54
Well, maybe it’s just sentimentality. Well, I
00:42:57
kind of think that we people
00:42:59
should have behaved in a civilized manner. Yes, this
00:43:04
whole process is the only reaction on
00:43:06
the part of the school
00:43:08
to lie, it was sending out this
00:43:11
letter where they were forbidden to introduce themselves as
00:43:16
members of the trade union by the chairman in
00:43:19
a conversation with other teachers, parents,
00:43:21
we believe that this is a fact of
00:43:25
discrimination based on membership of a
00:43:27
trade union organization and we intend to make an
00:43:32
urgent application to the international
00:43:35
labor organization because in fact
00:43:39
we have been subjected to discrimination, I once again
00:43:41
say on the basis of belonging to a
00:43:43
trade union And our right to association is under threat,
00:43:46
which is provided for by
00:43:48
international conventions in the Constitution of
00:43:50
the Republic of Kazakhstan,
00:43:53
by the way, even to the director of the trade union,
00:43:56
trade unions from Europe Yes, they
00:43:59
sent me a letter after learning about my case thanks to
00:44:01
Andrey Yes, they wrote me
00:44:06
very good letters of support letters and I
00:44:09
saw that this letter was addressed not
00:44:11
only to me, I see that it was addressed to the
00:44:13
director Jason
00:44:15
support for me there was no reaction
00:44:19
from the school
00:44:21
[music]

Description:

Алматинская Международная Школа – одна из самых дорогих и престижных школ города. АМШ, как и многие другие международные школы всего мира, много лет была печально известна тем, что платила местным сотрудникам в разы меньше чем иностранным сотрудникам. Используя комбинацию тактик, включающих в себя запугивание некоторых местных и выборочно выдавая льготы другим, администрация школы никогда в должной мере не объясняла вопиющую разницу между условиями труда местных и зарубежных сотрудников. Весной 2022 года активистами из числа местных сотрудников было принято решение создать первичную профсоюзную организацию. Администрация школы всеми способами пытается уничтожить независимую профсоюзную ячейку, активисты в свою очередь требуют соблюдения законодательства РК и трудового договора. 27 сентября Первичная Профсоюзная Организация Алматинской Международной Школы провела пресс-конференцию, на которой рассказала, с чем приходится сталкиваться в своей профсоюзной деятельности. ___________________________________________________ Вы можете поддержать развитие канала: Россиянам - 2200 7706 0728 3993 Казахстанцам - 4400 4302 5600 4125 Американцам - [email protected] (paypal, zello, cashapp) Пишите с указанием, что для Красной Юрты. ___________________________________________________ Подписывайтесь на наши соцсети: https://t.me/redyurt https://vk.com/red_yurt https://www.facebook.com/groups/red.yurt/%E2%80%8B https://www.facebook.com/unsupportedbrowser https://pikabu.ru/@qyzyl.otau%E2%80%8B https://www.tiktok.com/@red_yurt ___________________________________________________ 00:00 А. Ушаков председатель алм. филиала РОО 00:27 Региональное соглашение о соц. партнерстве 03:30 М. Ицакова председатель ППО АМШ 03:41 Начало борьбы 04:33 ЗП местных 05:55 ЗП иностранцев 06:14 Закон о статусе педагога 06:53 Создание ППО 07:54 Первые репрессии 08:28 Судьба переговоров по колдоговору 09:03 Сентябрь 2022 и “ненастоящий” профсоюз 10:25 Давление на ППО 13:46 Ж. Омарова профсоюзный активист 14:12 История Ж. Омаровой 15:26 О трудовом договоре 17:15 Давление на активистов 18:25 Увольнение 20:22 Дискриминация в АМШ 23:52 А. Ушаков 24:44 Хронология событий 26:50 Жалоба в инспекцию труда и ответ на нее 29:19 Запрет профсоюза в АМШ 29:57 О судах 31:31 Не работающая согласительная комиссия 34:10 Вопрос из зала 36:08 АМШ должна соблюдать закон о статусе педагога? 36:41 Процент местных и иностранных преподавателей 37:23 Вопрос из зала 39:05 Вопрос из зала 39:25 Дальнейшие действия 40:53 Реакция руководства на пикет Жаныл 43:05 Дискриминация профсоюза в АМШ 43:53 Письма от европейских профсоюзов

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