Experiences of the developed countries on the rest time regulation


Keywords: rest time; leave; labor relations; integration; labor law; harmonization of legislation.

Abstract

In the current context of the labor legislation reform in the Republic of Kazakhstan, studying and comparing the rest time institution standards in different countries, matching them with international and European labor standards make it possible to identify and examine the universal trends in the rest time regulation practice, as well as use them to the maximum extent to improve the relevant national law. This process should include both contrasting relevant provisions of the existing labor law in Kazakhstan with the international and European labor standards, and identifying those international legislative experience aspects being of interest to the national legislator, which are able to and should be taken into account in the course of law-making and law-applying procedures.      The article submits the author’s personal opinion on many problems, encountered in following the international and European right to rest standards, foreign countries’ relevant positive legislative experience, as well as improving forms and means to protect right to rest in case of its violation.     Besides, the distinctive features of the rest time regulation in the developed market economies are set up in the article, i.e. their rest time regulation is characterized by certain diversity; modern legislation of the developed countries is focused on minimum rest time standards, contained in the ILO conventions; substantial number of issues in the field of the rest time is defined by collective contracts, which usually establish more beneficial conditions for employees in comparison with those given under law and international acts.   

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Published
2019-02-28
How to Cite
Kubenov, G. (2019). Experiences of the developed countries on the rest time regulation. Fundamental and Applied Researches in Practice of Leading Scientific Schools, 31(1), 108-112. https://doi.org/https://doi.org/10.33531/farplss.2019.1.22