On 13 May 2023, representatives of the Scientific School of Labour Law at Maqsut Narikbayev University—Nikita Lyutov, Muslim Khassenov, and Ilona Voitkovskaya—participated in the international roundtable “Labour and Law in the Digital Age,” organised by Samarkand State University. The event brought together scholars from Kazakhstan, Uzbekistan, Italy, France, Hungary, and Belarus.
Muslim Khassenov delivered a presentation on the protection of workers in the context of emerging employment forms. He discussed Kazakhstan’s experience—both positive and negative—regarding the regulation of remote work and the 2023 legislative updates introducing flexible employment arrangements and work modes, as well as the highly debated amendments on platform employment.
Regarding the regulation of platform employment, he highlighted two key factors that determine whether a working relationship qualifies as employment—an issue the Ministry of Labour and Social Security of Kazakhstan has yet to acknowledge:
- The presence of control (including algorithmic control) and subordination.
- Economic dependence—specifically, whether service prices are set by the independent contractor or the platform.
Given the business model of digital platforms, it is possible to assess the nature of the relationship between platform workers and platform operators. Unfortunately, the Social Code of Kazakhstan, adopted on 20 April 2023, explicitly classifies such relationships as civil-law contracts without considering market realities and the various employment constructs available.
Regardless of legal classifications, the state must guarantee a minimum level of protection for workers, ensuring that no employment model strips individuals of their fundamental social rights. The manipulation of the concept of “independent contractors” should not result in the denial of essential protections such as minimum wages, social security, and occupational health and safety standards.
Nikita Lyutov, Doctor of Law and Associate Professor at Maqsut Narikbayev University, presented on “Digital Technologies and Labour Rights: Friends or Foes.”
Scholars from Italy contributed insights on the development of labour law in the digital age:
- Professor Emanuele Menegatti (University of Bologna) discussed digital sustainability and the concept of universal basic income.
- Professor Iacopo Senatori (University of Modena and Reggio Emilia) addressed the challenges and prospects of telecommuting.
- Professor Riccardo Salomone (University of Trento) examined the benefits of digital transformation for the labour market.
- Dr Marco Tufo (Postdoctoral Researcher, University of Siena) explored the collective dimension of platform employment.
Hungarian scholar Professor Gábor Mélypataki (University of Miskolc) presented on “Labour Law 4.0: Dream or Reality?”
French scholar Professor Claire Marzo (University of Paris-East-Marne-la-Vallée) focused on platform employment in her presentation.
Events in 2022
On 9 June 2022, Nikita Lyutov spoke at the XV session of the European-Asian Legal Congress “Internationalisation of Legal Science and Education” (Ekaterinburg, Russian Federation) on “The Internationalisation of Labour Law in the Context of Global Challenges.” Muslim Khassenov presented on “Modern Approaches to Regulating Platform Employment.”
On 23 September 2022, Muslim Khassenov participated in the International Scientific-Practical Conference on “Application and Interpretation of Law and Contract” within the framework of the annual civilist readings. He delivered a report on “The Distinction Between Labour and Civil Law Contracts in the Republic of Kazakhstan: Problems of Theory and Law Enforcement Practice” and contributed an article to the conference proceedings.
From 29 September to 1 October 2022, Muslim Khassenov attended the international conference “Universities at the Crossroads: Academic Freedom in a Changing World” in Tbilisi, Georgia, where he presented on “Academic Freedom and Academic Autonomy in Kazakhstan.”
On 26 October 2022, Nikita Lyutov, along with Professor B. ter Haar (Netherlands), delivered a guest lecture on “Collective Bargaining in Russia and the Netherlands” at North-West University (South Africa).
On 28 October 2022, Ilona Voitkovska conducted a guest seminar with doctoral students at the University of Pretoria (South Africa) on “Sexual Harassment in the Workplace in Russia and Kazakhstan.”
On 1 November 2022, Nikita Lyutov presented at the Ministry of Labour and Social Protection of the Population of Kazakhstan on “Prospects for Kazakhstan’s Ratification of the ILO Convention on Violence and Harassment at Work” within the framework of a technical cooperation project between the ILO and Kazakhstan.
On 18 November 2022, Nikita Lyutov delivered a presentation on “Platform Employment: The Draft EU Directive and Regulations in Russia and Kazakhstan” at the International Scientific and Practical Conference “New Horizons of Labour Law,” organised by Kazan Federal University (Russia) to mark the 90th anniversary of Professor A.K. Bezina.
On the same day, Muslim Khassenov spoke at the international scientific conference “Family-Demographic and Gender Policy at a New Stage of Kazakhstan’s Development,” organised by the National Commission on Women’s Affairs and Family and Demographic Policy under the President of Kazakhstan. His presentation focused on “Analysis of International and Kazakh Legislation on Combating Domestic Violence: Law Enforcement Challenges and Recommendations.”
On 25 November 2022, at the Enhanced Dialogue in Central Asia event “Combating Violence: Women and Girls at Risk,” organised by Inter-Police RK, OSCE, and UN Women, Muslim Khassenov presented “The Problem of Domestic Violence in the Context of Human Rights,” while Nikita Lyutov spoke on “ILO Convention 190: Prospects for Ratification by Kazakhstan.”
On 28 November 2022, Muslim Khassenov participated in an expert online discussion on “The Economic Consequences of Gender Violence and Discrimination in Kazakhstan,” organised by the International Centre for Journalism MediaNet, where he presented on “Countering Domestic Violence in Kazakhstan: Problems of Legal Protection.”
On 10 December 2022, Muslim Khassenov attended the first country meeting of the International Organisation for Migration’s four-year project “Programme of Assistance to Regulated Labour Migration in Central Asia.” He was included in the coordination mechanism as an academic expert upon recommendation by the Commissioner for Human Rights of Kazakhstan.
On 19 December 2022, Muslim Khassenov participated in the scientific and practical conference “Implementation of the Constitutional Court in Kazakhstan – An Important Step in Building a Just and Legal State,” organised by the Academy of Advocacy. His report focused on “Decisions of the Constitutional Court of the Republic of Kazakhstan: Legal Nature, Legal Force, and Prospects for Application.”
Events in 2023
On 27 January 2023, Muslim Khassenov took part in the Forum of Social Partners “New Social Contract: Fair Labour Relations,” organised by the Federation of Trade Unions of Kazakhstan. He delivered a report on “Challenges in Implementing Social Partnership in Kazakhstan.”
On 7 February 2023, Muslim Khassenov participated in a live broadcast of the programme “Priorities,” hosted by the Federation of Trade Unions of Kazakhstan, where he discussed the state and future of social partnership and labour relations in Kazakhstan.
On 3 March 2023, Muslim Khassenov attended the international scientific-practical conference “Anti-Aging – A New Direction in Legal Development” at Al-Farabi Kazakh National University in Almaty.