Examining emoji-related harassment penalties: Do Kazakhstan authorities possibly impose fines for using banana and eggplant emojis?
Revamped Report
Tackling Workplace Harassment: Kazakhstan's Steps Forward
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In a bold move to combat workplace harassment, Kazakhstan's Ministry of Labor is proposing amendments to the Labor Code. These changes aim to provide a solid legal foundation for employees encountering such issues and empower authorities to take decisive action.
Human rights activists, who often receive complaints about colleagues' harassment, welcome these efforts. They cite a stirring incident in a school, where a cloakroom attendant faced harassment at the hands of the school director, only to find herself jobless and without a means to prove the director's guilt [4].
Sadly, Kazakhstan's current legislation lacks a clear definition of harassment. At present, minor offenses like offensive advances in public places are the only crimes covered by an article on hooliganism [5]. Complaints and investigations often rely on video or audio evidence, which isn't always available [4].
Activists advocate for confidential handling and severe punishment of such offenses, but some remain too embarrassed to report their colleagues. Other public figures agree that lack of definition in our laws might give a false impression that harassment is unheard of in the country [4].
Khalida Ajigulova, a human rights activist, warns that even seemingly harmless flirtations or inappropriate emojis might be misconstrued. To avoid potential awkwardness, specialists advise clarifying mutual intentions directly and maintaining appropriate distances with colleagues [4].
Without specific legislation focused on workplace harassment, Kazakhstan currently falls short in protecting employees [1]. The country has yet to ratify the International Labour Organization's (ILO) Violence and Harassment Convention (No. 190), aimed at guarding workers against violence and harassment [1][2].
The proposed changes include the following:
- Amendment to the Labor Code: The Ministry of Labor is working on inserting the concept of workplace harassment into Kazakhstan's Labor Code, offering a legal avenue for workers to report incidents and seek protection [1].
- Employer Responsibility: The new legislation will place the onus on employers to create an environment free of harassment and to process complaints fairly [1].
- Penalties and Misconduct Handling: While there have been discussions about introducing criminal or administrative penalties for workplace harassment, current misconduct might lead to termination of employment instead [2].
- Public Consultation: The draft legislation is open for public comments until May 15, 2025, allowing diverse stakeholders to contribute to the legislation's development [1].
Adopting these changes can help establish a safer working environment in Kazakhstan; however, concerns linger about how employers might respond to these regulations, with potential misuse and lack of legal awareness being primary concerns [1].
[1] https://www.global-standard-setting.org/legal-instruments/employment-services/violence-and-harassment/57368[2] https://www.algovernance.org/post/harassment-at-work-a-global-dilemma/[3] https://www.unwomen.org/en/what-we-do/ending-violence-against-women/facts-and-figures[4] Based on KTK channel, Khalida Ajigulova's statements[5] Source: Cambridge Dictionary, Definition of Harassment
- Human rights activists applaud Kazakhstan's efforts to amend the Labor Code, as the current legislation lacks a clear definition of harassment, only addressing minor offenses under an article on hooliganism.
- Khalida Ajigulova warns that seemingly harmless behaviors, like flirtations or inappropriate emojis, can be misconstrued as harassment, highlighting the need for clearer principles in the workplace.
- Avoiding potential harassment issues, specialists recommend clarifying intentions directly and maintaining appropriate distances with colleagues, fostering an environment that prioritizes health and wellness, including sexual health.
- The proposed changes aim to add a legal avenue for workers to report harassment incidents, hold employers accountable for creating a harassment-free environment, and provide penalties for misconduct in the workplace.
- While these amendments could improve workplace wellness in Kazakhstan, concerns remain about employer responses, with potential misuse and lack of legal awareness being primary concerns.
- The draft legislation is open for public consultation until May 15, 2025, encouraging policy and legislation discussions within the context of general news and politics.
