Legal Regulation of Labor Migration in the Republic of Kazakhstan

Yermek Abiltayevich Buribayev, Gulzhazira B. Meirbekova, Aliya Kassymbek, A.Zh. Zharbolova, Elmira M. Muratova

2016

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DOI 10.17485/ijst/2016/v9i16/89898
Data confidence 70 medium
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Abstract

Background/Objectives: The aim of the current research is to study comprehensively international legal and interstate regulation issues of international labor migration of the Republic of Kazakhstan. Methods/Statistical Analysis: The ­methodological basis of research includes: the principles of cognition of social and legal phenomena in the field of migration (including ideas, concepts, and theories) in their historical development, interconnections, and theoretical and applied ­interdependence; general scientific approaches – systemic, comprehensive, personal-socio-activity ­approach, ­historical-legal, comparative-legal and socio-economic; empirical methods – survey, study and generalization of gathered experience, reviews and reports on migration activities. Findings: In today’s globalizing world economy, the integration of Kazakhstan into world economic space, part of which is the international labor market, becomes of a great importance. The integration of Kazakhstan into this market involves active participation of the state into the foreign labor migration processes, as well as labor power export and import. The article examines the state and legal frameworks of labor migration in the Republic of Kazakhstan, and involvement of the Republic of Kazakhstan in the international legal regulation of labor migration. The conducted analysis allowed the author to reveal the interrelation between the economic ­globalization and labor migration as well as their trade-off; study a state-legal regulation mechanism of labor migration; identify the interstate mechanism of implementation of international rules applicable to labor migration into national legislation; study implementation mechanism of the labor freedom principle with respect to migrant workers; and reveal the peculiarities of legal regulation of relations with migrants. Application/Improvements: The results obtained can be used in the development of international treaties and statutory instruments with regard to labor migration. They may be useful for public authorities, as well as when conducting international judicial co-operation in noted area. Keywords: Employee, Employer, Labor Migration, Migrant Worker