For work at night, on weekends and holidays - separate payment
The amendments made it clear that if night work coincides with a holiday or weekend, the additional payment must be separate for night hours, as well as for work on holidays or weekends.
For example, an employee started shift on the night of April 30 from 20.00 to 08.00 on May 1. Night time is considered to be the period from 22.00 to 06.00. By law, the employer must pay for work time as follows:
- From 20.00 to 22.00 - payment at a single rate.
- From 22.00 to 06.00 – add 0.5 rate for night work.
- From 00.00 to 08.00 - add another 0.5 rate for work on a holiday, since May 1 has actually arrived - the red day of the calendar.
“Previously, accountants believed that if a person works at night, and this day coincides with a holiday, then no additional payment is needed. They asked: “Where is the article in the law that talks about a separate additional payment?” Now this innovation clearly explains how the payment is made,” explains Natalya Gileva, associate professor of the department of international law at Al-Farabi KazNU, expert on labor law.
Accounting, labor legislation
11/17/2017 Hello, please tell me: BIN: 930440000186 Public utility state enterprise, hereinafter (KGKP) “Kostanay College of Consumer Services” of the Education Department of the Kostanay region. Question: Introductory: In addition to training on a budgetary basis, at the expense of the state budget, in the KGKP there is also additional education (paid services). For example, a student entered the specialty “Hairdressing” as a hairdresser and wants to receive a second additional specialty “Makeup Artist”. The company has additional education, according to the company’s price list - students pay 75,000 tenge for the entire period of study. There are students who study for 10 months, there are those who study for 1 year and 10 months, and those who study for 2 years and 10 months. The amount is distributed monthly: 1) 75,000 / 10 months = 7,500 tenge for 1 month (for students - 10 months of study); 2) 75,000 /20 months = 3,750 tenge (for senior - 1 year 10 months of study); 3) 75,000/30 months = 2,500 tenge (for senior – 2 years, 10 months of study). Situation: 1) How to correctly reflect the accounting. posting the following operation: Student Ivanov I.I. studies for 2 years 10 months. Accrual from September to December 2021 will be: 2500 tenge (for 1 month) * 4 months until December = 10,000 tenge. He paid through the company's cash desk in September 2021 -75,000 tenge for the entire period of study. Are the accounting entries divided correctly in 2021: Dt 1210 - Kt 6010 = 10,000 tenge Dt 1010.1030 - Kt 3510 = 75,000 tenge Dt 1210 - Kt 3510 = 75,000 tenge How to correctly reflect in accounting entries the income of the future period (account 4420) the difference between accrued and paid - in the amount of 65,000 tenge, which will be written off monthly in the following years and how to reflect in 1C-Accounting through which document? Question No. 2: regarding labor legislation In KGKP, according to the staffing table, there is a guard post. Watchman Sidorov S.S. works on a duty schedule every other day, that is, he has a shift work schedule. Situation: In May 2021, the watchman worked 172 hours with a standard of 160 hours according to the balance of working hours with a six-day work week, that’s 10 shifts. Of which 2 shifts per month are on Saturday and Sunday. He was accrued wages: 1) Hourly salary: 28,315.00 tenge: 160 hours = 176.97 tenge per 1 hour. 2) Salary by hour: 176.97* 172 hours (actual neg.) = 30,439 tenge. 3) 10% bonus from salary: 30,439 * 10% = 3,044.00 tenge. 4) Night: (28,315t./160*80 hours) * 50% = 7,079.00 tenge. 5) Holidays: (28315/160* 8 hours)*50% =708.00 tenge. 6) Overtime: (28315/160* 4 hours) * 50% = 354.00 tenge. Total accrued: 30439+3044+7079+708+354 = 41,624 tenge. This watchman demands that if his shift falls on Saturday or Sunday, then he must also be paid one and a half times the amount for work on weekends, as for workers working a six-day work week (according to Article No. 109 of the Labor Code of the Republic of Kazakhstan), for of which Sunday is a day off. The guards work according to a shift schedule. So, according to the Labor Code of the Republic of Kazakhstan, Art. No. 84.p.4 watchmen are given days off on different days of the week alternately according to shift schedules. He believes that this does not apply to watchmen; this article is written about workers working on a rotational basis, which he does not consider himself to be. The question arises: why, when calculating the cost of 1 hour of work for guards, is the balance of working time taken as a basis, as in a six-day working week? Please tell me how we can explain to this watchman in a way that is clear and understandable to him and at the same time referring to the legislation of the Republic of Kazakhstan, that work on Saturday and Sunday for building guards are not days off.
Disabled people can work more than seven hours a day
Although the law still has a restriction on a 36-hour working week for disabled people, the clause according to which disabled people of groups I and II can work no more than seven hours a day has now been removed. According to lawyers, sometimes seven hours was not enough to work. In fact, the employee remained, but was not paid extra, because otherwise the employer would have violated the law.
Now the seven-hour limit has been removed. The main thing is that the employee undergoes an examination by an occupational pathologist. The specialist will indicate in conclusion whether he can work. Thus, there are more guarantees that a person with a disability will not be left without work.
Labor law in Kazakhstan. Test with answers
1. What is the peculiarity of public works? • Designed specifically for the unemployed
2. For violation of labor discipline, the following types of disciplinary sanctions are applied: • Reprimand, reprimand, severe reprimand, termination of the employment contract
3. At what age can an employee bear full financial responsibility: • from 18 years of age
4. At what age is it permissible to independently conclude an individual employment contract? • from 16 years old
5. Salary is remuneration (income) in accordance with its: • Complexity, quantity and quality
6. Which of the following is understood as a violation of labor discipline: • Improper performance of job duties by an employee temporarily transferred to another job without his consent due to downtime
7. The validity period of social partnership agreements cannot exceed: • Three years
8. An employee who did not participate in an illegal strike, but in connection with it did not have the opportunity to perform his work: • Retains the right to an average wage in amounts not lower than those established by law
9. Who ensures the organization of social partnership at the appropriate levels? • Commission on social partnership and regulation of social and labor relations
10. In case of a collective labor dispute, the employer is obliged to consider the demands put forward by the labor collective no later than: • 3 calendar days
11. What is not reserved for the employee during a strike? • Wage
12. General jurisdiction of cases arising from labor disputes: • Claims are filed in specialized courts
13. At which stage of consideration of a collective labor dispute can the parties engage a mediator to provide mediation services to resolve it: • According to Art. 7 of the Law “On Collective Labor Disputes and Strikes” at any time
14. The employer is obliged to notify the employee of changes in the vacation schedule at least: • 2 weeks
15. In what cases is a permit not required for foreign citizens? • Being on a business trip for up to 45 calendar days within one calendar year
16. Who creates labor arbitration: • Parties to a collective labor dispute
17. Working hours are: • Distribution of working hours within a certain calendar period
18. The duration of the business trip should not exceed: • 40 days
19. In what case is the employer obliged to remove an employee from work: • In case of failure to use personal protective equipment
20. A special investigation of the accident is carried out within: • 10 days
21. Who does the labor protection service report to: • The manager (owner) of the enterprise
22. If an employee refuses to be transferred to another job for health reasons, the individual employment contract is terminated: • clause 1 of Art. 59 TK
23. The validity period of a disciplinary sanction from the date of its application cannot exceed: • 6 months
24. Unemployed people who voluntarily, without a good reason, stopped participating in public works, can be re-sent to these works from the date of re-registration only after: • months
25. In what case is the employer obliged to warn the employee 1 month in advance about the upcoming termination of the employment contract? • When reducing the number or staff of employees
26. From the moment of its creation, the conciliation commission considers the demands of the labor collective within the following period: • No later than 7 days
27. Is it permissible to temporarily transfer a qualified employee to an unskilled job? • In case of production need
28. Who does not belong to the economically inactive population? • Unemployed
29. Guarantee payments are called: • For the time when the employee does not perform work duties for valid reasons provided for by law
30. What kind of remuneration is called the “thirteenth salary”: • Remuneration to employees based on the results of work for the year
31. The appearance of an employee at work in what condition serves as the basis for removal from work: • In a state of alcoholic, narcotic, or toxic intoxication
32. An individual employment contract is drawn up in: • At least 2 copies
33. Within what period is the conciliation commission obliged to consider a labor dispute from the moment the application is submitted? • 3 days
34. What wage system is used to pay auxiliary workers: • Indirect piecework
35. An employee has the right to terminate an employment contract by notifying the employer in writing: • 1 month
36. An employment contract can be terminated at the initiative of the employer if the employee fails to show up for work due to temporary disability: • more than 4 months
37. Within what period is the labor collective obliged to stop the strike and resume work after receiving a copy of the court decision declaring the strike illegal? • No later than 24 hours
38. What is the name of the remuneration system, in which payment for labor within the basic norm is made at regular rates, and for production in excess of the norm - at increased rates: • Piece-progressive
39. Which of the following persons is not a subject of labor law? • Military personnel
40. The decision of the labor arbitration is made no later than: • 7 days
41. During what period should the court consider a case declaring a strike illegal: • 10 days
42. The conciliation commission is created within: • 3 days
43. Determine which of the following can be a mediator in resolving a collective labor dispute: • Independent expert
44. Who has the right to undergo vocational training, advanced training and retraining as a priority? • Low-income
45. In what case will the employee not bear full financial liability: • Damage caused as a result of production and economic risk
46. In what case is the employee’s consent required for transfer? • Due to production needs
47. Types of permanent transfers: • Transfer to another job in the same organization, or to another location with the same organization
48. Failure to provide labor leave for: • 2 years
49. The decision to hold a strike is considered adopted if the following voted for it at a meeting of the labor collective: • At least 2/3 of the collective members
50. In what case can an employer enter into an employment contract with a foreign citizen and a stateless person? • If there is permission to attract this labor force
51. If professional training is terminated without a valid reason, the unemployed person is re-sent to training after: • 1 year from the date of re-registration
52. Who among the unemployed is entitled to receive state targeted social assistance? • Low-income
53. Which wage system establishes payment for each unit of production at a piece rate: • Direct piece rate
54. If an employee through negligence damages the equipment issued to him for work, then the employer: • Has the right to partial compensation for damage if the individual employment contract established the limited liability of the employee on the above basis
55. Name the mandatory condition for an individual employment contract: • On the labor function
56. The period of work performed by seasonal workers should not exceed: • Six months
57. As a general rule, overtime work should not exceed in one calendar day: • 2 hours
58. According to the “Labor Code of the Republic of Kazakhstan”, combination is understood as: • Work in one organization associated with the performance of the functions of a temporarily absent employee in another position
59. Time limits established by law for consideration of a collective labor dispute by conciliation commissions: • Seven days
60. Specify one of the types of working time: • Part-time working time • Normal working hours • Night working time • Reduced working hours
61. Transfer of an employee to another location together with the organization: • Requires the written consent of the employee
62. An employee engaged in seasonal work has the right to terminate an employment contract early at his own request by notifying the employer: • 1 week in
63. Documents confirming the employee’s labor activity are: • Extracts from orders of hiring and dismissal
64. The court accepts the case of declaring a strike illegal based on the claim of: • Local executive bodies
65. The duration of advanced training for the unemployed should not exceed: • 3 months
66. An employment contract is subject to termination under the following circumstances, independent of the will of the parties: • If the court declares the employee incompetent • In the event of the death of the employee or employer • When the court verdict comes into force • When the employee is called up for military service
67. Are the employer’s actions legal if he has established a probationary period when transferring an employee to a higher position: • Not legal, since under Art. 36 of the Labor Code of the Republic of Kazakhstan, a probationary period is established only when hiring
68. What are the working hours for workers aged 14 to 16 years: • No more than 24 hours per week
69. Which of the following is not included in the length of service that gives the right to annual leave: • Vacation time without pay
70. During what period are citizens registered as unemployed? • 10 days
71. Reduced working hours are established for disabled people of groups I and II: • No more than 36 hours per week
72. Strikes are allowed: • In educational organizations, the suspension of activities of which is associated with serious and dangerous consequences
73. A trade union is: • A public association
74. Lockout is: • A form of social pressure of entrepreneurs in a labor conflict, which consists of the simultaneous collective dismissal of workers
75. In what form is an individual employment contract concluded: • In writing
76. The employer must notify the employee about changes in working conditions: • In writing, but no later than one month in advance
77. Can the conciliation commission consider an employee’s application in his absence? • A labor dispute can be considered in the absence of the employee if he has stated this in writing
78. Within what period is the employer obliged to issue an accident report to the victim or his authorized representative? • No later than 3 days
79. Disciplinary sanction is imposed: • No later than 1 month from the date of discovery of the offense and no later than 6 months from the date of its commission
80. What is the minimum duration of annual leave: • 24 calendar days
81. The duration of maternity leave is: • 70 calendar days before childbirth and 56 days after childbirth
82. Within what period of time are the parties who have received proposals to begin negotiations on concluding social partnership agreements obliged to consider them and begin negotiations? • 10 days
83. The duration of annual paid leave is at least: • 24 days
84. Which of the powers does not belong to the trade union? • Bring employees to disciplinary liability
85. Maternity leave is granted for the following duration: • 70 calendar days before childbirth and 56 calendar days after childbirth
86. How much is work at night paid for: • One and a half times the rate
87. What is evidence that an employee has passed the hiring test? • Appointment to a higher position
88. For workers engaged in heavy physical work and work with hazardous working conditions, the working hours per week are: • 36 hours
• Two hours in one calendar day
90. Within what period is the employer obliged to issue a salary certificate to the employee? • 5 days
91. What types of activities does a civil servant have the right to engage in: • Engage in teaching and scientific activities
92. Time limits established by law for the creation of labor arbitration: • Five days
93. What is considered the date of commencement of performance of a labor function? • Date specified in the individual employment contract
94. During what period of time is the employer obliged to send information to the authorized body about the vacancies it has from the date they appear? • 3 working days
95. A meeting of the conciliation commission is considered competent if it is attended by: • At least 1/2 of its members
96. Employees studying in an educational organization, during the period of passing exams, preparing and defending a diploma project (work), passing final exams: • Have the right to demand paid or unpaid additional educational leave
97. Employees undergoing mandatory medical examination include: • Those under 18 years of age
98. Labor law is: • An independent material branch of law
99. For what period according to Art. 29 of the Labor Code of the Republic of Kazakhstan, can an employment contract be concluded? • For a specified period of at least 1 year
100. Payment for work on a day off is made: • Double
101. What is the employer obliged to do after concluding an individual employment contract? • Issue a hiring order
102. Is it possible to dismiss an employee who has committed theft in an organization if the employer does not want to transfer the case to the investigative authorities: • It is not possible to terminate an individual employment contract on this basis, according to Art. 54 of the Labor Code of the Republic of Kazakhstan, it is necessary to have a court verdict that has entered into legal force
103. What types of benefits are paid at the expense of the employer? • Maternity benefit
104. What type of liability is brought upon an employer who evades participation in conciliation procedures: • Administrative
105. For how long does the collective agreement remain in effect when the owner and property of the organization changes? • Within 3 months
106. For what period can an employee be suspended from work: • For the period until the reasons for the suspension are clarified
107. Which of the following falls under the concept of “differentiation of working conditions”? • Physiological characteristics of the body
108. What is the duration of the employee’s daily rest between the end of work and its start on the next day: • At least 12 hours
109. Which of the following provisions is an employee’s right, and not an obligation? • Improve your professional qualifications
110. The body authorized to declare strikes illegal: • Court
111. Which of the following does not belong to the category of the employed population? • Housewives
112. Refusal to issue a permit is carried out in the following cases: • Reaching the quota limits
113. What types of transfers do not require the employee’s consent? • Due to production needs
114. How long will it take to create a commission to investigate an accident that occurs with employees on their way to or from work? • 3 days
115. Employees sent on business trips are paid: • Daily allowance
116. Which of these categories of persons are included in the target groups? • Disabled people
117. If an employee goes to court regarding claims arising from employment relations, then: • He is exempt from paying legal costs
118. Time limits established for an employer to go to court regarding compensation for material damage caused to him by an employee: • Three years
119. What levels of social partnership exist in Kazakhstan? • Republican, industry, regional and enterprise level
120. Within what period must a republican, sectoral, regional agreement be registered? • Within 7 days
121. Which of the following definitions is the concept of employment, which is provided for by the Law “On Employment” of January 23, 2001? • This is the activity of citizens related to the satisfaction of personal needs, which does not contradict the Constitution, laws and other regulatory legal acts of the Republic of Kazakhstan and brings them earnings or income
122. Which of the listed social relations are not included in the subject of the labor law branch? • Property relations
123. During what period of time does the authorized body make a decision on issuing or refusing to issue a permit to attract foreign labor? • 10 days
124. Who is the subject of labor law? • Parties to labor and other closely related relations with labor legal personality
125. Is the decision of the labor arbitration binding: • The decision of the labor arbitration is binding if the parties have entered into an agreement to this effect
126. The employer immediately reports an accident at work or other damage to the health of employees, among others: • The insurance organization
127. Within what period is the employer obliged to submit a collective agreement to the territorial unit of the authorized state labor body for monitoring? • 1 month
128. How is overtime compensated? • Increased pay
129. In accordance with labor legislation, wages must be paid: • At least once a month
130. The collective agreement applies to: • Employees on whose behalf the collective agreement was signed
131. Name the grounds that do not fall under the category of termination of an employment contract: • If the court declares the employee incompetent
132. Which legal act is not included in the system of sources of labor law? • Employer's order to hire
133. Night working hours are considered: • From 10 pm to 6 am
134. Which of the following refers to the employee’s responsibilities in the field of occupational safety and health? • Use special clothing, individual and collective protective equipment as intended.
135. What is paid to an employee for combining positions (expanding service areas)? • Additional payment
136. Within what period of time is a party that has received notification of the start of negotiations on concluding a collective agreement obliged to review it and enter into negotiations? • 10 days
137. The principle of freedom of labor is: • The ability for a citizen to freely dispose of his ability to work, choose his type of activity and profession
138. From what moment does the legal status of an employee arise? • Conclusion of an individual employment contract
139. The duration of daily rest cannot be less than: • 12 hours
140. Which of the following is the right of a state labor inspector? • Issue orders and impose administrative penalties on legal entities, officials and individuals
141. What is the normal working time: • No more than 40 hours per week
142. An employment contract may be terminated: • Upon expiration of the term
143. District (city) courts must consider a labor dispute within: • Two months
144. Application of lockout under the legislation of the Republic of Kazakhstan: • Not defined
145. Part-time work is understood as: • Concluding employment contracts with several employers on the basis of part-time work
146. Strikes are considered illegal: • Without going through conciliation procedures
147. Employees are notified by the employer of the introduction of new labor standards no later than: • 1 month
148. Determine what does not apply to allowances: • For overtime work
149. The employer is obliged to create a labor safety and health service in enterprises with more than: • 50
150. The decision of the conciliation commission is executed by the opposite party: • Within 3 days
151. Labor arbitration is created within: • 5 days
152. Work-related injuries do not include injuries and other health damage received: • On the employer’s transport
153. For what period can a test for employment be established? • No more than three months
154. Long-term unemployment is unemployment lasting: • 12 months or more
155. Which of the following falls under the concept of “change in working conditions”? • Changes in wage conditions
156. Period of temporary transfer in case of downtime: • No more than 1 month
157. The central executive body has the right to suspend the permit for the import of foreign labor for a period of up to: • 6 months
158. What system of measures and means does labor protection represent: • The totality of all listed
159. Under what circumstances, it is possible to terminate an employment contract with an employee at the initiative of the employer for disclosing information constituting an official secret: • If the non-disclosure condition is provided for in the individual employment contract
160. Who is a party to an individual employment contract? • Employee and employer
161. What is “Labor legal personality”? • Labor capacity, legal capacity and tortious capacity
162. Determine the body considering the collective labor dispute: • Conciliation commission
163. If the employee does not agree to continue working under new conditions, then the individual employment contract with him is terminated in accordance with: • clause 1 of Art. 59 TK
164. Normal working hours per week are: • 40 hours
165. According to Art. 1 of the Law “On Collective Labor Disputes and Strikes”, conciliation procedures are: • Consistent consideration of a collective labor dispute, initially in a conciliation commission, and if no agreement is reached in it, in labor arbitration
166. Name the body that does not consider a labor dispute: • Trade union
167. The conciliation commission considers a labor dispute from the day the employee submits an application within the following period: • Seven days
168. A disciplinary sanction can be lifted early from an employee on the initiative of: • At the request of the employee himself
169. If the individual employment contract does not specify the duration of its validity, it is considered that: • The contract is concluded for an indefinite period
170. State management of labor protection is carried out by: • The Government of the Republic of Kazakhstan
171. Each hour of work at night is compensated: • Not less than one and a half times the amount
172. In exceptional cases, the duration of the shift can be set: • Up to 30 days
173. Responsibility for a complete, objective and timely investigation, registration and registration of accidents and other injuries to the health of workers at work lies with: • The employer
174. The maximum duration of the probationary period is: • 3 months
175. In what cases does the employer pay compensation to the employee in the amount of the average monthly salary? • When an employee is called up for military service
176. The body authorized to elect members of the conciliation commission: • General meeting of the labor collective
177. The employer must be notified of the start of a strike before it is declared: • No later than 15 days
Conscripts will retain their jobs
A clarification was made to the Labor Code that conscripts for compulsory military service retain their jobs. If there is a summons from the military registration and enlistment office, conscripts will retain both their work and salary during the medical examination. And during the period of compulsory military service or military training, work is retained. There is no provision for salary retention during this period.
Within a month after demobilization, those who served must return to their work duties.
Dismissal by personal notice
If an employment contract is terminated due to the employee’s absence from work for more than one month for reasons unknown to the employer, the employee must be given a copy of the dismissal order. Now an important postscript has appeared “with notification of its delivery . In other words, it is not enough to deliver the envelope, it is important to hand it over personally. Notification cannot be sent via instant messengers or email.
An addition has been made to the grounds for dismissal at the initiative of the employer. Now you can dismiss an employee if he used his official position in his own interests or in the interests of a third party contrary to the interests of the employer in exchange for obtaining material or other benefits for himself or other persons.
“For example, during the quarantine, couriers delivered groceries, and customers were told that the order had become more expensive, although in fact this was not true. Is there any damage to your reputation? Certainly. This case falls under the scope of the article, as do those who work in the field of public procurement and make sure that a specific company wins. I have met employment contracts where the amount of compensation was 1000 tenge, 1 MCI, 10 thousand tenge, and so on. This is a slap at employees when concluding an employment contract. The courts are overwhelmed with cases related to this paragraph of the article,” regrets Natalya Gileva.
The authors of the amendments proposed introducing a fixed amount - from 3 to 6 salaries, but employers did not agree to this.
On January 1, 2021, the new Labor Code of the Republic of Kazakhstan came into force. The labor relationship between employer and employee has undergone major changes.
Director of MC TESS “KAZROSSERT” LLP Galina Slobodyanyuk
There were a lot of disputes and discussions about the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Labor Code of the Republic of Kazakhstan - 2015) in the press. There were many statements that the new legal act was “on the employer’s side” and protected only his interests. All aspects of labor relations have undergone legislative modifications. The main ones are given in this article.
Rights and obligations of the employer
In the old Labor Code (hereinafter referred to as the Labor Code of the Republic of Kazakhstan - 2007), according to subparagraph 20 of paragraph 2 of Article 23, providing employees with vocational training, retraining and advanced training was the responsibility of the employer. Now it has moved from the employer’s responsibilities to the category of his rights (clause 10, clause 1, article 23 of the Labor Code of the Republic of Kazakhstan - 2015). Consequently, the employer may or may not provide professional training, retraining and advanced training for the employee at his own discretion.
The employer’s responsibilities have been added to provide information to the authorized body on employment issues in accordance with the requirements of the legislation of the Republic of Kazakhstan on employment (clause 11, clause 2, article 23 of the Labor Code of the Republic of Kazakhstan - 2015), regarding the upcoming reduction in staff, number of employees or bankruptcy of the employer.
An obligation has also been added to collect, process and protect the employee’s personal data in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection (clause 24, clause 2, article 23 of the Labor Code of the Republic of Kazakhstan - 2015).
Also, in accordance with the Labor Code of the Republic of Kazakhstan - 2015, the employer is no longer obliged to provide, at the request of pregnant women, persons with children under three years of age, minors, and disabled people, a written response about the reason for refusal to hire.
Conclusion of an employment contract
The new Labor Code of the Republic of Kazakhstan - 2015 allows you to stipulate in the employment contract all kinds of compensation payments, terms, dates and other conditions. Employers can introduce many new conditions into employment contracts with employees.
According to subparagraph 2 of paragraph 1 of Article 26 of the Labor Code of the Republic of Kazakhstan - 2015, the restrictions for concluding employment contracts with minor citizens have been clarified . It is prohibited to conclude employment contracts for work, the implementation of which may harm their health and moral development (gambling business, work in night entertainment establishments, production, transportation and trade in alcoholic beverages, tobacco products, narcotic drugs, psychotropic substances and precursors).
The requirements for providing the employer with a military registration document for those liable for military service and persons subject to conscription for military service (clause 5, clause 1, article 31 of the Labor Code of the Republic of Kazakhstan - 2007) and a copy of the document confirming registration at the place of residence or temporary residence to conclude an employment contract (clause 8 of article 31 of the Labor Code of the Republic of Kazakhstan – 2007).
In accordance with Article 33 of the Labor Code of the Republic of Kazakhstan - 2015, it is no longer required to confirm in writing that the employee has received a copy of the employment contract. It is also clarified that amendments to the employment contract are made in the form of an additional agreement.
Registration of employment
Article 33 of the Labor Code of the Republic of Kazakhstan - 2015 no longer contains requirements for the employee to familiarize himself with the employment certificate against signature within three days from the date of hiring. The clause on providing the employee with a copy of the employment certificate certified by the employer has been excluded.
Probation
According to paragraph 5 of Article 36 of the old Labor Code of the Republic of Kazakhstan - 2007, when hiring, a probationary period was not established for:
– persons applying for work through a competition to fill the corresponding position;
– persons under the age of eighteen, as well as persons who have completed educational training programs in organizations of technical and vocational, post-secondary, higher and postgraduate education, who are entering work for the first time in their specialty, but no later than one year from the date of their graduation;
– disabled people.
In accordance with the Labor Code of the Republic of Kazakhstan - 2015, a probationary period for these categories of persons can be established on a general basis.
A standard has also been established that for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices of organizations, the probationary period can be increased to six months (clause 2 of Article 36 of the Labor Code of the Republic of Kazakhstan - 2015).
According to Article 37 of the Labor Code of the Republic of Kazakhstan - 2015, if the employee’s work results negatively during the probationary period, the employer has the right to terminate the employment contract with him by notifying him in writing. In the old code of the Labor Code of the Republic of Kazakhstan - 2007, this had to be done no less than seven days before the expiration of the probationary period.
Changes in working conditions
Employees who perform in the same organization, along with their main work stipulated by an employment contract, additional work in a different or the same position or the duties of a temporarily absent employee without release from their main work, carry out this work by:
1) combining positions - the employee, along with his main work provided for in the employment contract (job description), performs additional work in another vacant position;
2) expansion of service areas - the employee, along with his main work provided for in the employment contract (job description), performs additional work for the same vacant position during the established duration of the working day (shift);
3) fulfillment (replacement) of the duties of a temporarily absent employee - the employee, along with his main work provided for in the employment contract (job description), performs additional work both for another and for the same position (Article 111 of the Labor Code of the Republic of Kazakhstan - 2015).
At the same time, the Labor Code of the Republic of Kazakhstan - 2015 does not specify that additional work can be assigned to an employee only with his written consent .
There are also no provisions stating that the period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
According to Article 42 of the Labor Code of the Republic of Kazakhstan - 2015, in the event of a temporary transfer of an employee to another job due to downtime, the employee is paid according to the work performed . In the old code, in the event of a temporary transfer, the employee retained payment of at least two-thirds of the average monthly salary for his previous job.
In accordance with Article 46 of the Labor Code of the Republic of Kazakhstan - 2015, if the employee does not agree to continue working in the new conditions, the employer’s obligation to offer the employee another job corresponding to his qualifications and health status is now excluded , and in the absence of such work - a vacant lower position or lower paid work that the employee can perform taking into account his qualifications and health status.
A part-time working regime can be introduced by the employer without taking into account the opinion of employee representatives (Article 46 of the Labor Code of the Republic of Kazakhstan - 2015).
Termination of an employment contract
Upon termination of an employment contract by agreement of the parties, it was previously determined that the compensation payment is paid in the amount of no less than the average salary for the year (clause 4 of article 51 of the Labor Code of the Republic of Kazakhstan - 2007). Now its size is determined by the employment contract (clause 3 of article 49 of the Labor Code of the Republic of Kazakhstan - 2015).
Article 52 of the Labor Code of the Republic of Kazakhstan - 2015 “Termination of an employment contract at the initiative of the employer ” has been supplemented with new grounds for termination:
– a decrease in the volume of production, work performed and services provided, which resulted in a deterioration in the economic condition of the employer (clause 3, clause 1, article 52);
– repeated failure to pass a knowledge test on occupational safety and health or industrial safety by an employee responsible for ensuring safety and labor protection of an organization carrying out production activities (clause 5, clause 1, article 52);
– the employee reaches retirement age with the right to annually extend the term of the employment contract by mutual agreement of the parties (clause 24, clause 1, article 52);
– the employee’s absence from work for more than one month for reasons unknown to the employer (clause 25, clause 1, article 52).
to the procedure for terminating an employment contract at the initiative of the employer (Article 53 of the Labor Code of the Republic of Kazakhstan - 2015) due to the adoption of new norms.
The main innovations were the following.
The requirement for a reasoned opinion of a trade union body when terminating an employment contract due to staff reduction and inadequacy of the position held due to insufficient qualifications has been eliminated (clause 2 of Article 56 of the Labor Code of the Republic of Kazakhstan - 2007).
The rule on the procedure for dismissing employees of pre-retirement age due to staff reduction and inadequacy of the position due to insufficient qualifications has been modified. In the previous Labor Code of the Republic of Kazakhstan - 2007, a positive decision of the commission was required when terminating an employment contract with employees aged 55 years and before reaching retirement age (clause 2-1, Article 56 of the Labor Code of the Republic of Kazakhstan - 2007). Now such a decision is required only if the employee has less than 2 years left until retirement (Clause 1, Article 53 of the Labor Code of the Republic of Kazakhstan - 2015).
The rule that determined that the employer must take measures to transfer an employee to another job in case of staff reduction and inconsistency with the position held due to health status has been excluded (clause 5 of Article 56 of the Labor Code of the Republic of Kazakhstan - 2007).
New rules have also been introduced on the procedure for terminating an employment contract based on the new above-mentioned grounds for termination.
The content of Article 56 of the Labor Code of the Republic of Kazakhstan - 2015 “The procedure for terminating an employment contract at the initiative of an employee” has undergone significant changes. An employment contract may establish a longer period (than one month) for the employee to notify the employer of termination of the employment contract. In addition, the employment contract may be terminated before the expiration of this notice, with the written consent of the employer.
If previously the employee had the right to withdraw his application for termination of the employment contract during the notice period, now the notice can only be withdrawn by agreement of the parties.
A rule has been added defining that after the expiration of the notice period specified in this article, the employee has the right to stop working, except in cases of failure to complete the acceptance and transfer of property (documentation) of the employer due to the fault of financially responsible persons. The day of termination of the employment contract with financially responsible employees is the day of completion of the acceptance and transfer of property (documentation) of the employer.
Disciplinary action
The procedure for applying a disciplinary sanction includes a two-day period for the employee to provide a written explanation of his misconduct, after which, if the employee does not provide an explanation, then a corresponding act of refusal to give an explanation is drawn up (clause 2 of Article 65 of the Labor Code of the Republic of Kazakhstan - 2015).
The new code excludes paragraph 3 of Art. 73 of the Labor Code of the Republic of Kazakhstan - 2007 that when determining the type of disciplinary sanction, the employer must take into account the content, nature and severity of the disciplinary offense committed, the circumstances of its commission, the employee’s previous and subsequent behavior, and his attitude towards work.
The deadline for sending a copy of the act on the imposition of a disciplinary sanction to an employee has been clarified - 3 working days (clause 5 of Article 65 of the Labor Code of the Republic of Kazakhstan - 2015).
Article 79 of the Labor Code of the Republic of Kazakhstan - 2015 “Procedure for keeping records of working time” clarifies that the employer does not “shall”, but is “obliged” to keep records of working time actually worked by the employee.
Labor leave
The types of leave include new types of social leave - this is maternity leave and leave without pay to care for a child until he reaches the age of three years (clause 5 of article 87 of the Labor Code of the Republic of Kazakhstan - 2015). It is clarified that the period of being on social leave is counted towards the length of service, unless otherwise provided by the laws of the Republic of Kazakhstan.
The duration of additional leave for disabled employees has been reduced from a minimum of 15 calendar days (clause 2, clause 1, article 102 of the Labor Code of the Republic of Kazakhstan - 2007) to a minimum of 6 calendar days (clause 2, clause 2, article 89 of the Labor Code of the Republic of Kazakhstan - 2015).
Article 95 of the Labor Code of the Republic of Kazakhstan - 2015 determines that the employer has the right to recall an employee from paid annual leave with his written consent. But now the rule that determined that an employee’s refusal of an employer’s offer is not a violation of labor discipline has been excluded (see paragraph 1 of Article 109 of the Labor Code of the Republic of Kazakhstan - 2007).
Salary
Article 109 of the Labor Code of the Republic of Kazakhstan - 2015 reduces the guaranteed minimum wage for work on weekends and holidays based on the employee’s daily (hourly) rate (Article 128 of the Labor Code of the Republic of Kazakhstan - 2007), to .
A new norm has been introduced into Article 112 of the Labor Code of the Republic of Kazakhstan - 2015, which determines that the procedure for registering downtime and the terms of payment for downtime for reasons beyond the control of the employer and employee are determined by labor and collective agreements and are established in an amount not lower than the minimum wage.
Clause 2 of Article 115 of the Labor Code of the Republic of Kazakhstan-2015 specifies cases of deduction from an employee’s salary to pay off debts to the organization in which he works. Now, without the written consent of the employee
1) to repay unspent and not timely returned sums of money issued in connection with a business trip, as well as in the event of failure to provide documents confirming expenses related to the business trip;
2) in cases that provide for reimbursement to the employer of costs associated with training an employee, in the presence of a training contract, in proportion to the unfinished period of work in the event of early termination of the employment contract;
3) to reimburse an unpaid advance issued to an employee on account of wages;
4) in cases of transfer or recall of an employee from annual paid leave, with the exception of paragraph 3 of Article 95 of the Labor Code of the Republic of Kazakhstan - 2015;
5) in other cases, with the written consent of the employee.
Previously, all deductions to repay the employee’s debt to the organization were carried out with the written consent of the employee (clause 2 of article 137 of the Labor Code of the Republic of Kazakhstan - 2007).
Material liability of the parties to the employment contract
Article 166 of the Labor Code of the Republic of Kazakhstan - 2007, which states that for damage caused the employee bears financial liability within the limits of his average monthly salary , unless otherwise provided by the Labor Code, is excluded by the new Labor Code of the Republic of Kazakhstan - 2015 . Now there are no limits to financial liability.
Article 123 of the Labor Code of the Republic of Kazakhstan - 2015 introduces new cases of full financial liability of an employee for causing damage to the employer:
– violation of the non-competition clause, which resulted in damage to the employer;
– in other cases specified in the labor and collective agreements.
That is, the new Labor Code allows many new conditions to be introduced into the employment contract between the employee and the employer. On wages, amounts and conditions of compensation payments, and the employee’s financial liability.
appeared , designed to protect the employer from possible damage from the employee in the event of a conflict of any business interests .
In accordance with paragraphs. 9 tbsp. 1 of the Labor Code of the Republic of Kazakhstan - 2015, the non-competition clause is the terms of the non-competition agreement that limit the employee’s right to carry out actions that could cause damage to the employer. In accordance with the provisions of Article 29 of the Labor Code of the Republic of Kazakhstan - 2015, the employer and employee, by agreement of the parties, can sign an agreement limiting, for example, the employee’s right to simultaneously work in a similar (competitive) field or not to work in competing companies for some time after dismissal. If the employee violates the non-compete clause, the employer has the right to recover the amount of damages from the employee. Or include in the non-competition agreement the amount of compensation for violation of conditions, for example, for the fact that after dismissal the employee began working in a competing organization, etc.
Employee benefits
The rule that determines that the employer makes a compensation payment to the employee in connection with the loss of a job in the amount of the average salary for three months upon termination of the employment contract at the initiative of the employee in the event of the employer reporting false information about working conditions when concluding an employment contract or the employer violating the labor legislation of the Republic has been excluded. Kazakhstan, conditions of labor and collective agreements (clause 2 of article 157 of the Labor Code of the Republic of Kazakhstan - 2007). Now, upon termination of an employment contract at the initiative of an employee in the event of failure by the employer to fulfill the terms of the employment contract, the employer makes compensation payments in connection with loss of work in the amount of the average salary for one month (clause 1 of Article 131 of the Labor Code of the Republic of Kazakhstan - 2015).
A new rule has been introduced that determines that the employer makes compensation payments in connection with the loss of a job to an employee upon termination of an employment contract at the initiative of the employer in the event of a decrease in the volume of production, work performed and services provided, resulting in a deterioration in the economic condition of the employer, in the amount of the average salary for two months (clause 2 of article 131 of the Labor Code of the Republic of Kazakhstan – 2015).
Director of LLP MC "KAZROSSERT"
Galina Slobodyanyuk
With the introduction of the new Labor Code in Kazakhstan, the previous forms of state control over compliance with labor legislation largely remain.
Bakytzhan Makeev, Deputy Head of the State Institution “Labour Inspection Department of the Akimat of the Kostanay Region”, talks about inspections carried out by labor inspectors and measures of employers’ liability for violations of labor legislation.
“Labor inspectors, in accordance with the adopted Entrepreneurial Code of the Republic of Kazakhstan, have the right to conduct random inspections, unscheduled inspections and other forms of control,” says Bakytzhan Kataevich. – According to Article 141 of the Code, state control and supervision is carried out taking into account the distribution of inspected entities into four groups. The first group includes inspected entities with a high degree of risk , in respect of which a special procedure for conducting inspections based on risk assessments, unscheduled inspections and other forms of control and supervision are applied. Such checks are carried out with the aim of preventing or eliminating an immediate threat to human life and health,” continues the manager.
– The second group includes inspected entities, in respect of which random, unscheduled inspections and other forms of control and supervision are carried out. Verification of compliance with labor laws by employers is carried out in the second, third and fourth groups in the form of random checks based on risk assessments, unscheduled inspections and other forms of control and supervision . The selection of inspection subjects for conducting a random, or as it was previously called, scheduled inspection, is carried out in accordance with the approved joint order of the Ministry of Health and Social Protection of the Republic of Kazakhstan and the Ministry of National Economy of the Republic of Kazakhstan “On approval of criteria for assessing the degree of risk and checklists for compliance with labor legislation in the Republic of Kazakhstan” .
Based on these criteria, we determine the risk level of the subject being inspected. After selecting business entities, a plan is drawn up for conducting random inspections by half-year. These inspection plans are posted on the official Internet resource of the country's Prosecutor General's Office.
The third group includes inspected entities, in respect of which unscheduled inspections and other forms of control and supervision are carried out . Unscheduled inspections are carried out upon requests from individuals, legal entities, government bodies, on instructions from the prosecutor's office and other grounds specified in paragraph 3 of Article 144 of the Business Code.
– For violations of labor legislation during the above forms of control, administrative liability is provided in the form of fines and warnings in accordance with the Code of Administrative Offenses. A business entity is notified of a random inspection one month before the start of the inspection. Notification of an unscheduled inspection is provided one day before the inspection.
– The fourth group includes inspected entities, in respect of which only other forms of control and supervision without inspections. Other forms of control are preventative in nature. Based on the results of another form of control, the labor inspector draws up a conclusion on the inspection and issues an order to eliminate the identified violations ( without initiating a case of an administrative offense ), with a mandatory explanation to the inspected entity of the procedure for its elimination, said Bakytzhan Makeev.
MC TESS “KAZROSSERT” LLP conducts monthly two-day courses on explaining labor legislation in Kostanay; you can sign up for the course by phone: 8 (7142) 53-15-90.
Article dated March 28, 2016
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Article 44 of the Labor Code
improves the situation of pregnant women. As before, a pregnant woman can provide a medical certificate stating that work is contraindicated for her if there are harmful and (or) dangerous production factors. In this case, the employer is obliged to transfer her to another, non-contraindicated job. An addition was made that remuneration should be in accordance with the salary for the work performed, but not lower than the average salary for the previous job.
That is, if the new job pays more, then the pregnant woman needs to be paid the higher salary.
If a pregnant woman refuses the job offer, the employer issues an exemption from work without pay until maternity leave. In this case, you cannot be fired.
After 12 weeks of pregnancy, a woman cannot work on a rotational basis.
.
Labor Code of the Republic of Kazakhstan
Code of the Republic of Kazakhstan dated May 15, 2007 No. 251
GENERAL PART SECTION 1. GENERAL PROVISIONS Chapter 1. BASIC PROVISIONS
Article 1. Basic concepts used in this Code
1. This Code uses the following basic concepts:
1) civil service - professional activities of civil servants in the performance of official powers, aimed at implementing the tasks and functions of state-owned enterprises, government agencies and providing technical maintenance and ensuring the functioning of government bodies;
2) civil servant - a person who, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, occupies a paid full-time position in government enterprises, state institutions and exercises official powers in order to implement their tasks and functions and carry out technical maintenance and ensure the functioning of state bodies;
3) the minimum monthly wage - a guaranteed minimum of cash payments to a worker of simple unskilled (least complex) labor when he fulfills labor standards (job duties) under normal conditions and with normal working hours established by this Code, per month;
4) special clothing - clothing, shoes, hats, mittens, and other items intended to protect the employee from harmful and (or) dangerous production factors;
5) heavy work - types of employee activity associated with constant movement, moving and manually carrying (ten kilograms or more) heavy loads and requiring great physical effort (energy consumption more than 250 kcal/hour);
6) shift work - work in two or three or four work shifts during the day;
7) social partnership - a system of relationships between employees (employee representatives), employers (employers' representatives), government bodies, aimed at ensuring the coordination of their interests on issues of regulating labor relations and other relations directly related to them;
general, sectoral (tariff), regional agreement (hereinafter referred to as the agreement) - a legal act concluded between the parties to a social partnership, defining the content and obligations of the parties to establish working conditions, employment and social guarantees for workers at the republican, sectoral and regional levels;
9) downtime - temporary suspension of work for reasons of an economic, technological, organizational, other production or natural nature;
10) qualification category (grade) - the level of requirements for the qualifications of an employee, reflecting the complexity of the work performed;
11) conciliation commission - a body created by agreement between the employer and employees (their representatives) to resolve a collective labor dispute through reconciliation of the parties;
12) excluded by the Law of the Republic of Kazakhstan dated June 27, 2014 No. 212 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication);
13) mediator - an individual or legal entity engaged by the parties to labor relations to provide services to resolve a labor dispute;
14) vacation - release of an employee from work for a certain period to ensure the employee’s annual rest or social purposes while preserving his place of work (position) and, in cases established by this Code, the average salary;
15) labor - human activity aimed at creating material, spiritual and other values necessary for life and meeting the needs of man and society;
16) remuneration - a system of relations related to the employer’s provision of mandatory payment to the employee of remuneration for his work in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labor, collective agreements and acts of the employer;
17) minimum wage standard (MSWOT) - a guaranteed minimum monthly wage for a worker engaged in heavy work, work with harmful (especially harmful), dangerous working conditions, which includes a minimum set of food products, goods and services necessary to restore the vitality and energy of an employee exposed to harmful and (or) hazardous production factors during work;
18) occupational hygiene - a set of sanitary and epidemiological measures and means to preserve the health of workers, prevent the adverse effects of the working environment and the labor process;
19) labor dispute - disagreements between an employee (workers) and an employer (employers) on the application of the labor legislation of the Republic of Kazakhstan, implementation or change of terms of agreements, labor and (or) collective agreements, acts of the employer;
20) labor intermediation - assistance to the population in finding employment, provided by the authorized body for employment issues, as well as by a private employment agency;
21) working conditions - conditions of payment, labor standards, working time and rest time, the procedure for combining professions (positions), expanding service areas, performing the duties of a temporarily absent employee, labor safety and health, technical, production and living conditions, as well as other as agreed by the parties, working conditions;
22) authorized state body for labor - the central executive body that carries out management and intersectoral coordination in the field of labor relations in accordance with the legislation of the Republic of Kazakhstan;
23) local labor inspection body - a structural unit of local executive bodies of the region, city of republican significance, capital, exercising powers in the field of labor relations within the relevant administrative-territorial unit in accordance with the legislation of the Republic of Kazakhstan;
24) labor relations - relations between an employee and an employer that arise to exercise the rights and obligations provided for by the labor legislation of the Republic of Kazakhstan, labor and collective agreements;
25) relations directly related to labor - relations arising regarding the organization and management of labor, employment, professional training, retraining and advanced training of workers, social partnership, conclusion of collective bargaining agreements and agreements, participation of workers (employee representatives) in establishing working conditions in cases provided for by this Code, resolving labor disputes and monitoring compliance with the labor legislation of the Republic of Kazakhstan;
26) labor safety - the state of protection of workers, ensured by a set of measures that exclude the impact of harmful and (or) dangerous production factors on workers in the process of work;
27) labor safety conditions - compliance of the labor process and the production environment with safety and labor protection requirements when the employee performs his job duties;
28) monitoring of occupational safety and health - a system of monitoring the state of safety and labor protection in production, as well as assessment and forecast of the state of labor safety and protection;
29) standards in the field of occupational safety and health - ergonomic, sanitary-epidemiological, psychophysiological and other requirements that ensure normal working conditions;
30) labor duties - obligations of the employee and the employer, stipulated by the regulatory legal acts of the Republic of Kazakhstan, the act of the employer, labor and collective agreements;
31) length of service - time in calendar terms spent by an employee performing job duties, as well as other periods included in length of service in accordance with this Code;
32) labor discipline - proper fulfillment by the employer and employees of the obligations established by the regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labor and collective agreements, acts of the employer, constituent documents;
33) labor regulations - the procedure for regulating relations regarding the organization of labor between employees and the employer;
34) labor arbitration - a temporary body created by the parties to a collective labor dispute with the involvement of authorized persons to resolve a labor dispute if an agreement is not reached in the conciliation commission;
35) labor protection - a system for ensuring the safety of life and health of workers in the process of work, including legal, socio-economic, organizational and technical, sanitary and epidemiological, treatment and prophylactic, rehabilitation and other measures and means;
36) public labor safety inspector - a representative of workers exercising public control in the field of labor safety and health;
37) labor standardization - determination of the necessary labor costs (time) to perform work (production of a unit of production) by workers in specific organizational and technical conditions and establishing labor standards on this basis;
38) safe working conditions - working conditions created by the employer, under which the employee is not exposed to harmful and (or) hazardous production factors or the level of their impact does not exceed safety standards;
39) employment contract - a written agreement between an employee and an employer, according to which the employee undertakes to personally perform certain work (job function), comply with labor regulations, and the employer undertakes to provide the employee with work for a specified job function, to ensure working conditions provided for by this Code , laws and other regulatory legal acts of the Republic of Kazakhstan, collective agreement, acts of the employer, pay the employee wages in a timely manner and in full;
40) strike - complete or partial cessation of work in order to satisfy one’s socio-economic and professional demands in a collective labor dispute with the employer;
41) wages - remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments;
42) personal protective equipment - means intended to protect the employee from the effects of harmful and (or) hazardous production factors, including special clothing;
43) employer - an individual or legal entity with whom the employee has an employment relationship;
44) representatives of employers - individuals and (or) legal entities authorized, on the basis of constituent documents or a power of attorney, to represent the interests of the employer or group of employers;
45) acts of the employer - orders, instructions, instructions, provisions, labor regulations issued by the employer;
46) employment - a set of organizational, economic and legal measures designed to help ensure employment of the population;
47) workplace - the place of permanent or temporary location of an employee when he performs his labor duties in the process of labor activity;
48) tariffication of work - assignment of work performed to a certain complexity in accordance with the Unified Tariff and Qualification Directory of Work and Professions of Workers and the Qualification Directory of Positions of Managers, Specialists and Other Employees, tariff and qualification characteristics of workers' professions and standard qualification characteristics of positions of managers, specialists and others employees of organizations;
49) working time - the time during which the employee, in accordance with the acts of the employer and the terms of the employment contract, performs labor duties, as well as other periods of time that, in accordance with this Code, are classified as working time;
50) summarized accounting of working time - accounting of working time by summing it up for the accounting period established by the employer, which cannot exceed one year;
51) harmful (especially harmful) working conditions - working conditions under which the impact of certain production factors leads to decreased performance or illness of the employee or a negative impact on the health of his offspring;
52) harmful production factor - a production factor, the impact of which on an employee can lead to illness or decreased ability to work and (or) a negative impact on the health of offspring;
53) occupational disease - a chronic or acute disease caused by exposure of an employee to harmful production factors in connection with the employee’s performance of his labor (official) duties;
54) guarantees - means, methods and conditions by which the implementation of the rights granted to employees in the field of social and labor relations is ensured;
55) safety standards - qualitative and quantitative indicators characterizing production conditions, production and labor processes from the point of view of ensuring organizational, technical, sanitary and hygienic, biological and other standards, rules, procedures and criteria aimed at preserving the life and health of workers in the process their work activity;
56) hazardous working conditions - working conditions under which the impact of certain production or unavoidable natural factors leads, in case of non-compliance with labor protection rules, to injury, occupational disease, sudden deterioration in health or poisoning of an employee, resulting in temporary or permanent loss of ability to work, occupational disease or death;
57) hazardous production factor - a production factor, the impact of which on an employee can lead to temporary or permanent loss of ability to work (work injury or occupational disease) or death;
58) part-time work - performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job;
59) employee - an individual who is in an employment relationship with the employer and directly performs work under an employment contract;
60) representatives of workers - bodies of trade unions, their associations, and in their absence, elected representatives elected and authorized by workers at a general meeting (conference) of workers by a majority vote of participants, with the presence of at least two-thirds of workers (conference delegates);
60-1) specialized organizations for certification of production facilities - organizations carrying out activities for certification of production facilities for working conditions, possessing qualified personnel and having laboratories for laboratory and instrumental studies of factors of the production environment and working conditions or having contracts with organizations having such laboratories;
61) holidays - days of national and state holidays of the Republic of Kazakhstan;
62) basic salary - a relatively constant part of the salary, including payment at tariff rates, official salaries, piece rates, and payments of a permanent nature provided for by labor legislation, industry agreement, collective and (or) employment contracts;
63) industrial accident - exposure of an employee to a harmful and (or) dangerous production factor during the performance of labor (official) duties or tasks of the employer, as a result of which an industrial injury, sudden deterioration in health or poisoning of the employee occurred, leading to temporary or permanent illness. loss of ability to work, occupational disease or death;
64) production equipment - machines, mechanisms, devices, apparatus, instruments and other technical means necessary for work and production;
65) industrial injury - damage to an employee’s health received while performing his or her job duties, leading to loss of ability to work;
66) production necessity - performance of work in order to prevent or eliminate a natural disaster, accident or immediate elimination of their consequences, to prevent accidents, downtime, loss or damage to property and in other exceptional cases, as well as to replace an absent employee;
67) certification of production facilities for working conditions - activities to assess production facilities (shops, sites, workplaces, as well as other separate divisions of employers carrying out production activities) in order to determine the state of safety, harmfulness, severity, intensity of work performed on them , occupational health and determining the compliance of working environment conditions with standards in the field of occupational safety and health;
68) industrial sanitation - a system of sanitary and hygienic, organizational measures and technical means that prevent or reduce the impact of harmful production factors on workers; 68-1) gross negligence – actions of an employee that contribute to the violation of labor protection and safety regulations and the safety of one’s health;
69) compensation payments - monetary payments related to special work hours and working conditions, loss of work, compensation to employees for costs associated with the performance of their labor or other duties provided for by the laws of the Republic of Kazakhstan; 69-1) inter-category coefficient - the ratio between tariff rates of adjacent tariff and qualification categories;
70) tariff system - a type of remuneration system in which the wages of employees are determined differentially on the basis of tariff rates (salaries) and tariff schedules;
71) tariff schedule - a set of tariff categories and tariff coefficients, providing for differentiation based on the complexity of the work performed and the qualifications of workers;
72) tariff category - the level of complexity of work and an indicator of the qualification level required to perform this work;
73) tariff rate (salary) - a fixed amount of remuneration for an employee for fulfilling a standard of work (job duties) of a certain complexity (qualification) per unit of time; 73-1) conciliation procedures - sequential consideration of a collective labor dispute initially in a conciliation commission, and if no agreement is reached in it - in labor arbitration, as well as by mutual agreement of the parties using the mediation procedure;
74) disciplinary action - a measure of disciplinary action on an employee applied by the employer for committing a disciplinary offense;
75) disciplinary offense - violation by an employee of labor discipline, as well as unlawful culpable failure to perform or improper performance of labor duties;
76) rest time - time during which the employee is free from performing work duties and which he can use at his own discretion;
77) collective protective equipment - technical means designed to simultaneously protect two or more workers from the effects of harmful and (or) hazardous production factors;
78) collective agreement - a legal act in the form of a written agreement between a team of workers represented by their authorized representatives and the employer, regulating social and labor relations in the organization, the procedure for the development and conclusion of which is established by Article 282 of this Code;
79) overtime work - work performed by an employee at the initiative of the employer outside the established working hours;
80) notification - a written application by an employee or employer or applications submitted in another way (by courier mail, postal service, fax and e-mail);
81) business trip - sending an employee by order of the employer to perform work duties for a certain period of time outside the place of permanent work, as well as sending an employee to another area for training, advanced training or retraining.
2. Other special concepts and terms of the labor legislation of the Republic of Kazakhstan are used in the meanings defined in the relevant articles of this Code. Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated February 17, 2012 No. 566-IV (shall be brought into force after ten calendar days after its first official publication); dated 06/13/2013 No. 102-V (shall be enforced upon expiration of ten calendar days after its first official publication); dated June 27, 2014 No. 212 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 04/27/2015 No. 311-V (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
Article 2. Labor legislation of the Republic of Kazakhstan
1. The labor legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of this Code, laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.
2. It is prohibited to include in other laws of the Republic of Kazakhstan norms regulating labor relations, social partnership relations and labor protection, except for the cases provided for by this Code.
3. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Code, then the rules of the international treaty apply. International treaties ratified by the Republic of Kazakhstan apply directly to labor relations, except in cases where it follows from the international treaty that its application requires the publication of a law.
Article 3. The purpose and objectives of the labor legislation of the Republic of Kazakhstan
1. The purpose of the labor legislation of the Republic of Kazakhstan is the legal regulation of labor relations and other relations directly related to labor, aimed at protecting the rights and interests of the parties to labor relations, establishing minimum guarantees of rights and freedoms in the sphere of labor.
2. The objectives of the labor legislation of the Republic of Kazakhstan are to create the necessary legal conditions aimed at achieving a balance of interests of the parties to labor relations, economic growth, increasing production efficiency and people’s well-being.
Article 4. Principles of labor legislation of the Republic of Kazakhstan
The principles of the labor legislation of the Republic of Kazakhstan are: 1) inadmissibility of restricting human and civil rights in the sphere of labor; 2) freedom of labor; 3) prohibition of discrimination, forced labor and the worst forms of child labor; 4) ensuring the right to working conditions that meet safety and hygiene requirements; 5) priority of the life and health of the employee in relation to the results of production activities; 6) ensuring the right to fair remuneration for work not lower than the minimum wage; 7) ensuring the right to rest; equality of rights and opportunities for workers; 9) ensuring the right of workers and employers to associate to protect their rights and interests; 10) social partnership; 11) state regulation of occupational safety and health issues; 12) ensuring the right of employee representatives to exercise public control over compliance with the labor legislation of the Republic of Kazakhstan.
Article 5. Inadmissibility of restriction of rights in the sphere of labor
No one can be limited in their rights in the sphere of labor, except in cases and in the manner provided for by this Code and other laws of the Republic of Kazakhstan.
Article 6. Freedom of labor
Everyone has the right to freely choose work or freely agree to work without any discrimination or coercion, the right to manage their ability to work, choose a profession and type of activity.
Article 7. Prohibition of discrimination in the sphere of labor
1. Everyone has equal opportunities to exercise their rights and freedoms in the world of work.
2. No one may be subjected to any discrimination in the exercise of labor rights depending on gender, age, physical disabilities, race, nationality, language, property, social and official status, place of residence, attitude to religion, political beliefs, family affiliation or class, to public associations. The authorized body for employment issues, individuals and legal entities providing labor intermediation, as well as the employer are prohibited from posting information about vacancies for employment that contain discriminatory requirements in the field of labor.
3. Differences, exceptions, preferences and restrictions that are determined by the requirements inherent in a given type of work or are caused by the special care of the state for persons in need of increased social and legal protection are not discrimination.
4. Persons who believe that they have been discriminated against in the sphere of labor have the right to appeal to the court or other authorities in the manner established by the laws of the Republic of Kazakhstan. Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated June 21, 2013 No. 106-V (shall be brought into force after ten calendar days after its first official publication).
Article 8. Prohibition of forced labor
Forced labor is prohibited. Forced labor means any work or service required of a person under threat of any penalty, for the performance of which that person has not offered his services voluntarily, with the exception of work: required of a person as a result of a final judgment by a court. , provided that the work will be carried out under the supervision and control of government agencies and that the person performing it will not be assigned or transferred to the disposal of individuals and (or) legal entities; required in conditions of emergency or martial law. Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated April 29, 2009 N 154-IV (the order of enforcement see Article 2).
Article 9. Scope of this Code
1. This Code regulates relations: 1) labor; 2) directly related to labor; 3) social partnership; 4) on safety and labor protection.
2. The effect of this Code, unless otherwise provided by laws and international treaties ratified by the Republic of Kazakhstan, applies to: 1) employees, including employees of organizations located on the territory of the Republic of Kazakhstan, the owners of property, participants or shareholders of which are foreign individuals or legal entities; 2) employers, including organizations located on the territory of the Republic of Kazakhstan, the owners of property, participants or shareholders of which are foreign individuals or legal entities.
3. Features of the legal regulation of labor of certain categories of workers are established by this Code and other laws of the Republic of Kazakhstan.
4. The laws of the Republic of Kazakhstan should not reduce the level of rights, freedoms and guarantees established by this Code.
Article 9-1. Minimum social standards in the world of work
The minimum monthly wage, the minimum wage standard, the duration of daily work (work shift), the basic paid annual leave are the minimum social standards in the field of labor in accordance with the Law of the Republic of Kazakhstan “On minimum social standards and their guarantees”. Footnote. Chapter 1 is supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated May 19, 2015 No. 315-V (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
Article 10. Employment contracts, agreements of the parties to social partnerships, collective agreements, acts of the employer in the field of labor
1. Labor relations, as well as other relations directly related to labor relations, are regulated by an employment contract, an act of the employer, an agreement and a collective agreement.
2. Provisions of agreements between the parties to social partnerships, collective and labor contracts, acts of employers that worsen the conditions of employees in comparison with the labor legislation of the Republic of Kazakhstan are recognized as invalid and are not subject to application.
3. The terms of agreements, collective and labor contracts cannot be changed unilaterally. Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated February 17, 2012 No. 566-IV (shall be brought into force after ten calendar days after its first official publication).
Article 11. Acts of the employer
1. The employer issues acts within its competence in accordance with this Code and other regulatory legal acts, employment contracts, agreements, and collective agreements.
2. In cases provided for by this Code or a collective agreement, the employer issues acts by agreement or taking into account the opinion of employee representatives.
3. Acts of the employer that worsen the situation of employees in comparison with the labor legislation of the Republic of Kazakhstan, collective agreements, agreements, or issued without following the procedures specified in paragraph 2 of this article are invalid and cannot be applied. Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated February 17, 2012 No. 566-IV (shall be brought into force after ten calendar days after its first official publication).
Article 12. The procedure for taking into account opinions or agreement with employee representatives when issuing acts of the employer
1. The employer, in cases provided for by this Code, agreements, and collective agreements, issues acts taking into account the opinion or in agreement with employee representatives.
2. Before issuing the act, the employer presents its draft and justification for it to the employee representatives.
3. The employer’s draft act is discussed by employee representatives no more than three working days from the date of its submission.
4. The decisions of the employee representatives are documented in a protocol, which indicates the agreement (disagreement) with the draft act of the employer of the employee representatives, and, if any, their proposals are set out.
5. If the opinion of the employee representatives does not contain agreement with the employer’s draft act or contains proposals for its improvement, the employer: 1) with agreement, issues an act amended taking into account the proposals of the employee representatives; 2) in case of disagreement, the right to conduct additional consultations with employee representatives.
6. If agreement is not reached on the employer’s draft acts, the issuance of which in accordance with this Code requires agreement with employee representatives, the disagreements that arise are documented in a protocol, after which the employer has the right to adopt the act.
7. When an employer issues an act without taking into account proposals in whole or in part, employee representatives have the right to begin the procedure for a collective labor dispute in the manner prescribed by this Code.
8. If the issued act of the employer contains provisions that violate or worsen the rights and guarantees of employees provided for by this Code, labor, collective contracts, agreements, it can be appealed to the local labor inspection body or to the court. Footnote. Article 12 as amended by the laws of the Republic of Kazakhstan dated February 17, 2012 No. 566-IV (shall be brought into force after ten calendar days after its first official publication); dated June 13, 2013 No. 102-V (shall be enforced upon expiration of ten calendar days after its first official publication)
Remote employees must be provided with everything necessary for work
Article 138 of the Labor Code is devoted to remote work. The employer is obliged to provide the remote employee with everything necessary, including means of communication. If an employee uses, for example, his own Internet or electricity, compensation should be paid.
You can record your working hours at home using IT technologies. Special programs, for example, show whether there is movement on the keyboard. It is more difficult to assess accidents that occurred during working hours.
“I’ll give you one case. The girl worked remotely from home. During working hours, she went to hang laundry on the balcony, tripped and broke her leg. She called an ambulance, went on sick leave and demanded full payment for sick leave. The employer is at a loss: what to do if, in fact, at this time she should not have been dealing with personal affairs, but working?” – Natalya Gileva gives an example.
The article is supplemented by a clause that obliges the employer to develop instructions that will determine the procedure for compliance by such employees with safety and labor protection requirements and to ensure the safe performance of work duties.
Suspension from work (Article 50 “Labor Code of the Republic of Kazakhstan”).
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1. In cases provided for by the laws of the Republic of Kazakhstan, the employer is obliged to remove the employee from work on the basis of acts of the relevant authorized state bodies.
2. In addition to the cases provided for in paragraph 1 of this article, the employer is obliged to remove the employee from work
1) who is at work in a state of alcoholic, narcotic or toxic intoxication (their analogues) or has consumed a substance causing such intoxication during the working day
2) who has not passed exams on labor safety and health regulations
3) not using individual and (or) collective protective equipment provided by the employer
4) failed medical examination or pre-shift medical examination, if they are mandatory in accordance with the legislation of the Republic of Kazakhstan
3. During the period of suspension from work, the employee does not retain his salary and is not paid temporary disability benefits at the expense of the employer, with the exception of maternity benefits.
4. The employee’s suspension from work is carried out for a period until the reasons that served as the basis for the suspension are clarified and (or) eliminated.
5. The employee’s salary is retained in the event of his illegal removal from work by the employer.
Carrying out installation work in cable wells and ventilating cable wells during work.
Organizational events in email. installations up to 1000 V.
Organizational measures to ensure work safety are
a) registration of work with an order or order
b) permission to work;
c) supervision during work;
d) registration of a break in work, transfers to another workplace, end of work.
Action el. current on the human body, freeing the victim from the effects of electricity. current and first aid.
Passing through the human body, el. current produces
1. Thermal
2. Biological
3. Electrolytic action.
Email actions current on the human body often conducts to various electrical circuits. injuries, which can be reduced to two types: local el. injuries (burns, electrical marks, metallization of the skin, mechanical - cuts, fractures);
and general - electric shock, when the entire human body is affected due to disruption of the normal functioning of vital organs and systems.
Both types accompany each other. The outcome of the injury is determined by the duration of the current exposure, its magnitude and frequency.
The human body is a conductor of electricity. current If the skin is not damaged, then the resistance of the human body is greater than if its stratum corneum is damaged, the presence of moisture on its surface, intense sweating and pollution, the resistance sharply decreases.
The calculated resistance value of the human body is considered to be 1000 Ohms.
| Current strength mA | Nature of impact | |
| Alternating current | D.C | |
| 0,6 — 1,5 | The beginning of the sensation | Not felt |
| 5 —10 | Cramps, but you can still break away on your own | Weak feeling of heating |
| 10 - 15, dangerous | Threshold of non-release, difficulty breathing, irregular heartbeat | Increased heating |
| 50 — 80 | Cardiac arrest (fibrillation) | Dangerous |
| 100 is fatal | fatal | Respiratory paralysis due to prolonged current flow |
When a person is affected, current, the main damaging factor is the current passing through his body. At the same time, the degree of negative impact of current on the human body increases with increasing current strength. Alternating current is more dangerous than direct current.
Ticket number 6
Contents of safety and labor protection instructions. The procedure for terminating an individual contract at the initiative of the employer (Article 56 “Labor Code of the Republic of Kazakhstan”).
— General requirements for occupational safety and health.
— Safety and labor protection requirements before starting work.
— Safety and labor protection requirements during work.
— Safety and labor protection requirements in emergency situations.
— Occupational safety and health requirements upon completion of work
1. The employer, on the grounds provided for in subparagraphs 1) and 2) of paragraph 1 of Article 54 of this Code, is obliged to warn the employee in writing about the termination of the employment contract one month in advance, unless the labor or collective agreement provides for a longer warning period. With the written consent of the employee, the TD may be terminated before the expiration of the notice period.
2. Termination of trade unions with employees who are members of a trade union, on the grounds provided for in subparagraphs 2), 3) of paragraph 1 of Article 54, as well as termination of trade unions in accordance with subparagraph 2) of paragraph 1 of Article 59 of this Code is carried out taking into account the reasoned opinion of the body trade union of this organization in the manner prescribed by the count. agreement.
3. To terminate a labor contract in accordance with subparagraph 4) of paragraph 1 of Article 54 of this Code, the employee’s incompatibility with the position held or the work performed due to a health condition that prevents the continuation of this work must be confirmed by the conclusion of a medical and social examination in the manner established by the legislation of the Republic of Kazakhstan.
4. Termination of TD on the grounds provided for in subparagraphs 6)-13) and 16) of paragraph 1 of Article 54 of this Code is carried out in compliance with the procedure for applying disciplinary sanctions provided for in Article 73 and the requirements of Article 74 of this Code.
5. When terminating a labor contract on the grounds provided for in subparagraphs 2)-4) of paragraph 1 of Article 54 of this Code, the employer must take measures to transfer the employee to another job if he agrees.
6. Termination of a trade union at the initiative of the employer due to the employee’s incompatibility with the position held or the work performed due to insufficient qualifications should be based on the decision of the certification commission, in which a representative of the employees must participate, unless otherwise established by the laws of the Republic of Kazakhstan.
The procedure, conditions and frequency of employee certification are determined by the number. agreement, and in case of its absence, an act of the employer.
Requirements for cable mine premises and underground inspection devices.
The cable entry room must have a tightly closing door, lined with iron on both sides and having a spring for self-closing.
At the entrance to the cable entry room, a sign should be posted indicating the category of the room according to the degree of danger of electric shock, and the following signs should be placed on the doors: “no smoking” “explosive”
A carbon dioxide fire extinguisher must be installed at the entrance to the cable entry room.
In the cable entry room, the following is not allowed: device for entry of power cables, radio feeders, water supply, heating plants, gas pipelines, placement of any equipment.
Lamps and electrical fittings in the cable entry room must be explosion-proof.
In the cable entry room, portable lamps with a voltage of 12V can be used for lighting.
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Employers will be protected by associations, workers by trade unions and elected specialists
The Labor Code has a new article 20-1 “Associations (associations, unions) of employers and their powers. Now not only workers can unite in trade unions, but also employers can create and join associations. Unions will represent the rights and interests of employers, including participation in the consideration of various labor disputes.
A labor dispute can also occur with ex-employees. According to the amendments, now a labor dispute is a disagreement between two parties, including those who previously had an employment relationship .
Trade unions can represent the interests of the employee, and where they do not exist, elected representatives elected by a majority vote. In this case, at least 2/3 of the employees must be present at the meeting.
If the organization has a trade union, then negotiations on concluding a collective agreement between the employer and employee without the participation of the trade union are not allowed.
Amendments are being made to the Labor Code to ensure the protection of the rights of agency workers
At a meeting of the Chamber chaired by the Speaker of the Senate Maulen Ashimbayev, the Senate deputies adopted the Law “On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the provision of personnel services,” which was initiated by the deputies of the Parliament.
The law will ensure the protection of the labor rights of employees of outsourcing companies, receive compensation in the event of injury or death at work, and also participate in the social insurance system.
According to the senators, practice has shown that the lack of legal regulation of personnel services has led to gross violations of the rights of agency workers.
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- What documents must a foreigner – a citizen of the EAEU – provide to conclude an employment contract in the Republic of Kazakhstan?
- Registration of employment contracts in the unified system for recording employment contracts (USUTD)
Employees performing similar duties in the same positions as full-time employees, with the same level of qualifications, receive wages much lower than the company's full-time employees.
They are not protected by the terms of industry agreements, as a rule, do not receive additional pay for hazardous working conditions, are not participants in collective agreements, and therefore do not have any social packages. They are not properly protected in the event of injury or even death at work due to the fact that they are not insured in the social insurance system for the type of activity in the industry where they are sent to work.
“Employment issues are very important. Therefore, it is important to take concrete steps to legislatively protect this area. One of them is the Law adopted today,” the Speaker of the Chamber noted during the meeting.
Thus, a number of changes are being made to the Labor Code of the Republic of Kazakhstan:
- Discrimination in the field of wages against employees from an outsourcing company is prohibited.
- Additional paid annual leave, increased salaries, and reduced working hours are provided for employees of outsourcing companies engaged in heavy work, work with harmful and dangerous working conditions.
It also provides for amendments to the Civil and Business Codes and a number of Laws.
For reference:
Agency labor
- this is work performed by an individual at the direction of his employer, but in the interests of another individual or legal entity.
For example, a recruitment agency enters into employment contracts with individuals who provide housekeeping assistance services to individuals.
In agency work there are parties:
- guide side
– a legal entity, including a branch of a foreign legal entity registered in the manner established by the legislation of the Republic of Kazakhstan, in accordance with the constituent documents, carrying out activities to provide services on behalf of personnel;
- employee of the sending party
– employees hired to work in accordance with a contract for the provision of personnel services;
- the host
– a legal entity or individual, individual entrepreneur, including a peasant (farm) enterprise, which employs workers of the sending party for work, in accordance with the contract for the provision of personnel services.
It is allowed to send employees of the sending party to the receiving party to perform work in the following cases:
1) in the household of individuals;
2) for the duration of certain work;
3) for the period of replacing a temporarily absent employee;
4) for the duration of seasonal work.
Sending employees of the sending party to the receiving party is permitted after signing an employment contract or an additional agreement to the employment contract with the sending party, indicating the place of work performed at the receiving party.
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