Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 LABOR CODE OF THE REPUBLIC OF KAZAKHSTAN (with amendments and additions as of December 30, 2021) See the List of regulatory legal acts, the adoption of which is necessary in order to implement the Labor Code of the Republic of Kazakhstan table of contents is excluded from the text of the Code in accordance with the Law of the Republic of Kazakhstan dated 01.07.21 No. 61-VII A COMMON PART Section 1. GENERAL PROVISIONS Chapter 1. MAIN PROVISIONS Article 1. Basic concepts used in this Code Article 2. Labor legislation of the Republic of Kazakhstan Article 3. The purpose and objectives of the labor legislation of the Republic of Kazakhstan Article 4. Principles of labor legislation of the Republic of Kazakhstan Article 5. Freedom of labor Article 6. Prohibition of discrimination in the sphere of labor Article 7. Prohibition of forced labor Article 8. Scope of this Code Article 9. Minimum social standards in the sphere of labor Article 10 Article 11. Acts of the employer Article 12 Article 13. Calculation of the terms established by this Code Article 14. Responsibility for violation of the labor legislation of the Republic of Kazakhstan Chapter 2. STATE REGULATION IN THE FIELD OF LABOR RELATIONS Article 15. Competence of the Government of the Republic of Kazakhstan in the field of regulation of labor relations 16. Competence of the authorized state body for labor in the field of regulation of labor relations Article 17. Competence of the local authority for labor inspection Article 18. Competence of local executive bodies in the field of regulation of labor relations Chapter 3. SUBJECTS OF LABOR RELATIONS. GROUNDS FOR EMPLOYMENT RELATIONSHIPS Article 19. Subjects of labor relations Article 20. Representatives of employees and their powers Article 20-1. Associations (associations, unions) of employers and their powers Article 21. Grounds for the emergence of labor relations Article 22. Basic rights and obligations of an employee Article 23. Basic rights and obligations of the employer SPECIAL PART SECTION 2. LABOR RELATIONSHIPS Chapter 4. EMPLOYMENT CONTRACT Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 24. Subject of an employment contract Article 25. Guarantees of equality of rights and opportunities when concluding an employment contract Article 26. Prohibitions and restrictions on the conclusion of an employment contract and employment Article 27. Difference between an employment contract and other types of contracts Article 28. Content of an employment contract Article 29. Non-competition clause Article 30. Term of an employment contract Article 31. Age from which the conclusion of an employment contract is allowed Article 32. Documents required for concluding an employment contract Article 33 Article 34 Article 35. Documents confirming the labor activity of an employee Article 36 Article 37 Article 38. Transfer of an employee to another job Article 39. Transfer of an employee to another locality together with the employer Article 40. Secondment of an employee Article 41. Temporary transfer to another job in case of production necessity Article 42. Temporary transfer to another job in case of downtime Article 43. Temporary transfer to another job for health reasons Article 44. Temporary transfer to another job of pregnant women Article 45. Moving an employee to another workplace. Changing the name of the position (work) Article 46. Change of working conditions Article 47 Article 48. Suspension from work Article 49. Grounds for termination of an employment contract Article 50. Procedure for terminating an employment contract by agreement of the parties Article 51 Article 52. Grounds for termination of an employment contract at the initiative of the employer Article 53. Procedure for termination of an employment contract at the initiative of the employer Article 54 Article 55 Article 56. Procedure for termination of an employment contract at the initiative of an employee Article 57. Grounds for termination of an employment contract due to circumstances beyond the control of the parties Article 58 Article 59 Article 60 Article 61 Article 62. Issuance of documents confirming labor activity, as well as other documents related to labor activity Chapter 5. LABOR REGULATION. WORK DISCIPLINE Article 63 Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 64. Disciplinary penalties Article 65. Procedure for the application of disciplinary sanctions Article 66 Chapter 6. WORKING TIME Article 67. Working time and its types Article 68. Normal hours of work Article 69. Reduced working hours for certain categories of employees Article 70. Part-time work Article 71. Working hours Article 72. Division of daily work (work shift) into parts Article 73. Shift work Article 74. Work in the regime of flexible working hours Article 75 Article 76. Work at night Article 77. Overtime work Article 78. Maximum number of overtime work Article 79 Chapter 7 Article 80. Types of rest time Article 81 Article 82. Intra-shift and special breaks Article 83 Article 84. Holidays Article 85. Work on weekends and holidays Article 86 Article 87. Types of holidays Article 88. Duration of the main paid annual labor leave Article 89. Additional paid annual labor leave Article 90. Calculation of the duration of paid annual leave Article 91 Article 92 Article 93 Article 94 Article 95 Article 96 Article 97. Leave without pay Article 98. Study leave Article 99 Article 100 Chapter 8 Article 101 Article 102. State guarantees in the field of wages Article 103. The amount of wages Article 104. Establishment of the minimum wage Article 105 Article 106. Hourly wages Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 107. Remuneration system Article 108. Payment for overtime work Article 109. Payment for work on holidays and weekends Article 110. Payment for work at night Article 111 Article 112. Payment for idle time Article 113. Procedure and terms for payment of wages Article 114. Calculation of the average salary of an employee Article 115. Deductions from wages Chapter 9. PROFESSIONAL TRAINING, RETRAINING AND UPGRADING Article 116. Concepts used in this chapter Article 117. Professional standards and system of qualifications Article 118. Vocational training, retraining and advanced training Article 119. Dual training Chapter 10 Article 120 Article 121 Article 122 Article 123 Chapter 11. GUARANTEES AND COMPENSATION PAYMENTS Article 124. Guarantees in the performance of state or public duties by employees Article 125. Guarantees for employees sent for medical examination Article 126. Guarantees for employees who are donors Article 126-1. Guarantees for women up to twelve weeks pregnant Article 126-2. Guarantees for workers who are donors of organs (parts of organs) and (or) tissues (parts of tissue) for transplantation Article 127. Guarantees and compensation payments for employees sent on business trips Article 127-1. Guarantees for employees working in areas of environmental disaster and radiation risk Article 127-2. Guarantees for employees, employees who took part in the peacekeeping operation Article 128. Compensation payments when transferring an employee to another locality together with the employer Article 129. Compensation payments in connection with the use of personal property by an employee in the interests of the employer Article 130 Article 131. Compensation payments in connection with the loss of work Article 132. Procedure and conditions for payment of field allowances Article 133 Chapter 12 Article 134. Seasonal work Article 135 Article 136 Domestic workers Article 137. Home workers Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 137-1. The procedure for carrying out activities for the provision of services for the provision of personnel Article 138. Remote work Article 139. Civil service Article 140 Article 141 Article 142 Article 143 Article 143-1. Regulation of the labor of persons subject to the requirements of the Law of the Republic of Kazakhstan "On Combating Corruption" Article 144 Article 145. Regulation of labor of employees of the National Bank of the Republic of Kazakhstan and its departments Article 145-1. Regulation of labor of employees of the authorized body for regulation , control and supervision of the financial market and financial organizations Article 146 SECTION 3. SOCIAL PARTNERSHIPS AND COLLECTIVE RELATIONS IN THE SPHERE OF WORK Chapter 13. SOCIAL PARTNERSHIP IN THE SPHERE OF LABOR Article 147. Bodies, principles and tasks of social partnership Article 148. Organization of social partnership Article 149. The right to negotiate on the preparation of agreements Article 150. Procedure for negotiating, developing and concluding agreements Article 151. Registration of agreements Article 152. Parties, types of social partnership agreements Article 153. Content of social partnership agreements Article 154 Article 155. Public control over compliance with the labor legislation of the Republic of Kazakhstan Chapter 14. COLLECTIVE AGREEMENT Article 156. Parties to a collective agreement. The procedure for conducting collective bargaining, developing and concluding a collective agreement Article 157. Content and structure of the collective agreement Article 158. Terms, scope of the collective agreement and responsibility of the parties Chapter 15. CONSIDERATION OF INDIVIDUAL LABOR DISPUTES Article 159. Procedure for considering an individual labor dispute Article 160 Article 161. Reinstatement of an employee at work Chapter 16. CONSIDERATION OF COLLECTIVE LABOR DISPUTES Article 162. Concepts used in this chapter Article 163. Occurrence of a collective labor dispute Article 164 Article 165. Conciliation Commission Article 166. Labor arbitration Article 167. Consideration of a collective labor dispute with the participation of a mediator Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 168. Consequences of reaching an agreement of the parties on a collective labor dispute Article 1 69. Guarantees in connection with the resolution of a collective labor dispute Article 170 Article 171. Right to strike Article 172. Announcement of the start of a strike Article 173. Powers of the body leading the strike Article 174. Obligations of the parties to a collective labor dispute during a strike Article 175. Guarantees to employees in connection with a strike Article 176. Illegal strikes Article 177. Consequences of declaring a strike illegal Article 178. Prohibition of lockout SECTION 4. SAFETY AND HEALTH Chapter 17. STATE REGULATION IN THE FIELD OF SAFETY AND LABOR PROTECTION Article 179. State regulation in the field of safety and labor protection Article 180. Requirements for safety and labor protection and financing of measures Chapter 18 Article 181. Rights and obligations of an employee in the field of safety and labor protection Article 181-1. Rights and obligations of the employee of the sending party in the field of safety and labor protection 182. Rights and obligations of the employer in the field of safety and labor protection Article 182-1. Rights and obligations of the host in the field of safety and labor protection Chapter 19. SAFETY AND LABOR PROTECTION BODY Article 183. Certification of production facilities for working conditions Article 184. Safety requirements for workplaces 185. Mandatory medical examination of employees Chapter 20. INVESTIGATION AND RECORDING OF ACCIDENTS RELATED TO WORK Article 186 Article 187. Duties of the employer in the investigation of accidents related to work Article 187-1. Responsibilities of the receiving party in the investigation of accidents related to the labor activity of employees of the sending party Article 188 Article 188-1. The procedure for the formation and composition of the commission for the investigation of accidents related to the labor activity of employees of the sending party Article 189. Procedure for investigating accidents related to labor activity Article 190 SECTION 5. CONTROL OVER COMPLIANCE WITH LABOR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN Chapter 21 Article 191. Implementation of state control over compliance with the labor legislation of the Republic of Kazakhstan Article 192. Principles of activity and main tasks of the state labor inspectorate Article 193. Rights of state labor inspectors Article 194. Obligations of state labor inspectors Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 195. Acts of the state labor inspector Article 196. Interaction of the state labor inspectorate with other state bodies and organizations Article 197 Article 198 Article 199 Article 200. Declaration of the activities of the employer Chapter 22. INTERNAL CONTROL Article 201. Internal control on safety and labor protection 202. Mechanism for the implementation of internal control on safety and labor protection Article 203 Chapter 23. FINAL PROVISIONS Article 204 A COMMON PART SECTION 1. GENERAL PROVISIONS Chapter 1. MAIN PROVISIONS Article 1. Basic concepts used in this Code 1. The following basic concepts are used in this Code: 1) civil service - the professional activity of civil servants in the performance of official powers, aimed at the implementation of the tasks and functions of state-owned enterprises, state institutions, the implementation of maintenance and ensuring the functioning of state bodies; 2) civil servant - a person who, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, holds a paid full-time position in state-owned enterprises, state institutions and exercising official powers in order to implement their tasks and functions, carry out maintenance and ensure the functioning of state bodies; 3) the minimum monthly wage - a guaranteed minimum of cash payments to an employee of simple unskilled (least complex) labor when he performs his job duties under normal conditions and with normal working hours established by this Code, per month; 4) special clothing - clothing, shoes, headgear, gloves, other personal protective equipment designed to protect an employee from harmful and (or) dangerous production factors; 5) heavy work - types of employee activities associated with constant movement, moving and carrying manually (ten kilograms or more) weights and requiring great physical effort (energy consumption of more than 250 kcal / hour); 6) shift work - work in two or three or four working shifts during the day; Subparagraph 7 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 7) social partnership - a system of relationships between employees (representatives of employees), employers (representatives of employers), state bodies, aimed at ensuring the coordination of their interests on the regulation of labor relations and other directly related to labor relations, as well as socio-economic relations, based on equal cooperation; 8) general, sectoral, regional agreement (hereinafter referred to as the agreement) - a legal act in the form of a written agreement concluded between the parties to the social partnership, defining Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 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) non-competition clause - the terms of a non-competition contract that restrict the employee's right to take actions that could cause damage to the employer; 10) downtime - temporary suspension of work due to economic, technological, organizational, other industrial or natural reasons; 11) qualification category (rank) - the level of requirements for the qualification of an employee, reflecting the complexity of the work performed; 12) intermediary - an individual or legal entity engaged by the parties to labor relations to provide services for resolving a labor dispute; 13) vacation - the release of an employee from work for a certain period to ensure the employee's annual rest or social purposes, while retaining his place of work (position) and, in the cases established by this Code, the average salary; 14) labor - human activity aimed at creating material, spiritual and other values necessary for life and meeting the needs of a person and society; 15) occupational health - a set of sanitary and epidemiological measures and means to preserve the health of workers, prevent adverse effects of the working environment and the labor process; Subparagraph 16 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 16) labor dispute - disagreements between the employee (employees) and the employer (employers), including those who were previously in labor relations, on the application of the labor legislation of the Republic of Kazakhstan, the implementation or amendment of the terms of agreements, labor and (or) collective agreements, acts of the employer ; 17) working conditions - conditions of payment, labor rationing, performance of labor duties, working hours and rest periods, the procedure for combining professions (positions), expanding service areas, fulfilling the duties of a temporarily absent employee, labor safety and protection, technical, production and living conditions , as well as other working conditions as agreed by the parties; 18) 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; 19) local body for labor inspection - a structural subdivision of local executive bodies of a region, city of republican significance, the capital, exercising powers within the relevant administrative-territorial unit in the field of labor relations in accordance with the legislation of the Republic of Kazakhstan; 20) wages - a system of relations related to the provision by the employer of the mandatory payment of remuneration to the employee 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; 21) labor relations - relations between an employee and an employer arising from the exercise of rights and obligations provided for by the labor legislation of the Republic of Kazakhstan, agreements, labor, collective agreements and acts of the employer; 22) relations directly related to labor - relations that develop regarding the organization and management of labor, employment, vocational training, retraining and advanced training of employees, social partnership, conclusion of collective agreements and agreements, participation of employees (representatives of employees) in establishing working conditions in the cases provided for by this Code, resolving labor disputes and monitoring compliance with the labor legislation of the Republic of Kazakhstan; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 23) labor safety - the state of protection of employees, ensured by a set of measures that exclude the impact of harmful and (or) dangerous production factors on employees in the course of labor activity; 24) labor safety conditions - compliance of the labor process and the working environment with the requirements of labor safety and protection in the performance of work duties by the employee; 25) monitoring of safety and labor protection - a system of monitoring the state of safety and labor protection at work, as well as assessment and forecast of the state of safety and labor protection; 26) standards in the field of safety and labor protection - ergonomic, sanitary-epidemiological, psychophysiological and other requirements that ensure normal and safe working conditions; Subparagraph 27 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 27) an accident related to labor activity - the impact on an employee , an employee of the sending party of a harmful and (or) dangerous production factor in the performance of his labor (service) duties or tasks of the employer or the host party , as a result of which an industrial injury occurred, a sudden deterioration health or poisoning of an employee , an employee of the sending party , which led them to temporary or permanent disability or death; Subparagraph 28 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 28) labor obligations - the obligations of the employee and the employer, due to the regulatory legal acts of the Republic of Kazakhstan, the act of the employer, the act of the receiving party, labor, collective agreements; 29) seniority - time in calendar terms, spent by the employee on the performance of labor duties, as well as other periods included in the seniority in accordance with this Code; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 26, 2021 to the question dated March 12, 2021 No. 673349 (dialog.egov.kz) “The period of study is not included in the work experience in the specialty for workers who are not pedagogical, scientific and scientific and pedagogical workers " 30) 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, collective agreements, acts of the employer, constituent documents; 31) labor schedule - the procedure for regulating relations for the organization of labor of employees and the employer; 32) labor protection - a system for ensuring the safety of life and health of workers in the course of labor activity, including legal, socio-economic, organizational and technical, sanitary and epidemiological, medical and preventive, rehabilitation and other measures and means; The paragraph was supplemented by subparagraph 32-1 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 32-1) labor protection management system - a set of interrelated measures for the implementation of labor protection policy, compliance with labor safety requirements, occupational risk management; 33) technical inspector for labor protection - a representative of employees who exercises internal control over labor safety and protection; 34) labor rationing - determination of the necessary labor costs (time) for the performance of work (manufacturing of a unit of output) by employees in specific organizational and technical conditions and the establishment of labor standards on this basis; 35) safe working conditions - working conditions under which the levels of impact of production factors on employees do not exceed the established standards; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The paragraph was supplemented by subparagraph 35-1 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 35-1) a unified system for recording labor contracts - an information system designed to automate the accounting of labor contracts, labor activity and the number of employees; 36) employment contract - a written agreement between an employee and an employer, according to which the employee undertakes to personally perform a certain work (labor function), observe the labor schedule, and the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by this Code, by the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, the collective agreement, acts of the employer, pay wages to the employee in a timely manner and in full; 37) wages - remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments; 38) personal protective equipment - means designed to protect an employee from exposure to harmful and (or) dangerous production factors, including special clothing; 39) employer - a natural or legal person with whom the employee has an employment relationship; 40) representatives of employers - individuals and (or) legal entities authorized on the basis of constituent documents and (or) powers of attorney to represent the interests of an employer or a group of employers; 41) acts of the employer - orders, orders, instructions, rules, regulations, shift schedules, shift schedules, vacation schedules issued by the employer; 42) declaring the activities of the employer - the procedure for recognizing the activities of the employer that meets the requirements of the labor legislation of the Republic of Kazakhstan, on the basis of an application submitted by him; 43) employee - an individual who is in an employment relationship with an employer and directly performs work under an employment contract; Subparagraph 44 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 44) representatives of employees - trade unions and their associations, and in their absence, elected representatives elected and authorized at a general meeting (conference) of employees by a majority vote of participants in the presence of at least two-thirds of employees (conference delegates) at it (her) in cases provided for by this Code; 45) workplace - the place of permanent or temporary location of an employee in the performance of his labor duties in the course of labor activity; 46) billing of work - attributing the work performed to a certain complexity in accordance with the Unified Tariff and Qualification Handbook of Works and Professions of Workers and the Qualification Handbook of the Positions of Managers, Specialists and Other Employees, the tariff and qualification characteristics of the professions of workers and the typical qualification characteristics of the positions of managers, specialists and others employees of organizations; 47) 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, other regulatory legal acts of the Republic of Kazakhstan, the collective agreement, the act of the employer are assigned to working hours; 48) summarized accounting of working time - accounting of working time by summing it up for the accounting period established by the employer; The paragraph was supplemented by subparagraph 48-1 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 48-1) sending party - a legal entity registered in the manner prescribed by the legislation of the Republic of Kazakhstan, carrying out activities for the provision of services for the provision of personnel, including a branch of a foreign legal entity; The paragraph was supplemented by subparagraph 48-2 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI 48-2) employees of the sending party - employees involved on the basis of an employment contract concluded with the sending party in accordance with the contract for the provision of services for the provision of personnel; 49) harmful working conditions - working conditions that are characterized by the presence of harmful production factors; 50) harmful production factor - a production factor, the impact of which on an employee can lead to illness or reduced ability to work and (or) a negative impact on the health of offspring; 51) occupational disease - a chronic or acute disease caused by exposure of an employee to harmful and (or) dangerous production factors in the course of the employee's performance of his labor (service) duties; The paragraph is supplemented by subparagraphs 51-1 - 51-3 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 51-1) professional risk - the risk of disability (or death) of an employee in the performance of labor (service) duties; 51-2) occupational risk management - an integral part of the labor protection management system , including the identification and assessment of occupational risks, corrective measures, control and monitoring of occupational risk; 51-3) assessment of occupational risk - determination of the degree of occupational risk based on the analysis of information on the identification of risks and statistical data on the incidence and occupational injuries in the organization, the availability of collective and individual protection equipment; 52) guarantees - the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured; The paragraph was supplemented by subparagraph 52-1 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI 52-1) the receiving party - an individual or legal entity, an individual entrepreneur, including a peasant or farm enterprise, employing employees of the sending party in accordance with a contract for the provision of services for the provision of personnel; The paragraph was supplemented by subparagraph 52-2 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI 52-2) acts of the receiving party - orders, instructions, instructions, rules, regulations, shift schedules, watch schedules issued by the receiving party in accordance with the contract for the provision of services for the provision of personnel; 53) safety standards - qualitative and quantitative indicators characterizing the conditions of production, the production and labor process in terms of ensuring organizational, technical, sanitary-hygienic, biological and other norms, rules, procedures and criteria aimed at preserving the life and health of workers in the process their work activity; 54) 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 an industrial injury, sudden deterioration in health or poisoning of an employee, resulting in temporary or permanent disability, occupational disease or death. ; 55) hazardous production factor - a production factor, the impact of which on an employee can lead to temporary or permanent disability (injury or occupational disease) or death; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The paragraph was supplemented by subparagraphs 55-1 and 55-2 in accordance with the Law of the Republic of Kazakhstan dated 01.07.21 No. 61-VII 55-1) combined remote work - the implementation of the labor process by alternating periods of performance of labor duties both at the location of the employer, the host party and their facilities, and through remote work; 55-2) remote work - the implementation of the labor process outside the location of the employer, the host party and their facilities using information and communication technologies in the process of labor activity ; 56) part-time employment - performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job; 57) foreign employee of a state body - a foreigner involved in a state body under an employment contract; 58) holidays - days of national and state holidays of the Republic of Kazakhstan; 59) 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 the labor legislation of the Republic of Kazakhstan, industry agreement, collective and (or) labor contracts; 60) production equipment - machines, mechanisms, devices, devices, devices and other technical means necessary for work, production; 61) occupational injury - damage to the health of an employee received in the performance of his job duties, which led to the loss of ability to work; 62) production necessity - the performance of work in order to prevent or eliminate a natural disaster, accident or immediately eliminate their consequences, to prevent accidents, downtime , loss or damage to property and in other exceptional cases, as well as to replace a temporarily absent employee; 63) production activity - a set of actions of employees using the means of labor necessary for the transformation of resources into finished products, including the production and processing of various types of raw materials, the provision of various types of services and the performance of work; Subparagraph 64 is set out in the wording of article 204 (effective from January 1, 2017) ( see previous edition ) 64) specialized organizations for attestation of production facilities - organizations that carry out activities for attestation of production facilities for working conditions, having qualified personnel and having testing laboratories accredited in accordance with the legislation of the Republic of Kazakhstan; 65) attestation of production facilities for working conditions - activities for the assessment of production facilities (shops, sites, jobs, as well as other separate divisions of employers engaged in 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 the working environment with the standards in the field of safety and labor protection; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 26, 2021 to the question dated March 4, 2021 No. 671721 (dialog.egov.kz) “Are office premises subject to certification of workplaces for working conditions” 66) industrial sanitation - a system of sanitary and hygienic, organizational measures and technical means that prevent or reduce the impact on workers of harmful production factors; The paragraph was supplemented by subparagraph 66-1 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 66-1) production and living conditions - working conditions necessary for an employee to stay at the workplace, including with a rotational method of work, including the provision of sanitary facilities, as well as conditions for rest and eating; 67) production factors - technical, sanitary, hygienic, industrial and household and other conditions that affect the employee in accordance with the legislative and other regulatory legal acts of the Republic of Kazakhstan; 68) gross negligence - the actions of an employee that contribute to the violation of labor protection and safety regulations and the safety of their health; 69) compensation payments - monetary payments related to a special mode of work and working conditions, loss of work, reimbursement to employees of costs associated with the performance of labor or other duties provided for by the laws of the Republic of Kazakhstan, as well as payments related to professional training, retraining and advanced training employees or other persons who are not in labor relations (hereinafter referred to as the trainee); The paragraph was supplemented by subparagraph 69-1 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI 69-1) provision of personnel - sending an employee under a contract for the provision of services for the provision of personnel by the sending party to the receiving party in order to perform their labor function in the interests, under the management and control of the receiving party; 70) inter-category coefficient - the ratio between the tariff rates of adjacent tariff-qualification categories; 71) tariff system - a kind of remuneration system, in which the wages of employees are determined differentially on the basis of tariff rates (salaries) and tariff scales; 72) tariff scale - a set of tariff categories and tariff coefficients, providing for differentiation on the basis of the complexity of the work performed and the qualifications of employees; 73) tariff rate (salary) - a fixed amount of remuneration of an employee for the performance of labor duties of a certain complexity (qualification) per unit of time; 74) tariff category - the level of complexity of work and an indicator of the qualification level required to perform this work; Subparagraph 75 is set out in the wording of the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI ( see previous edition ) 75) disciplinary sanction - a measure of disciplinary action on an employee, applied by the employer or the first head of the national managing holding in cases provided for by the laws of the Republic of Kazakhstan, for committing a disciplinary offense; Subparagraph 76 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 76) disciplinary offense - illegal, guilty failure to perform or improper performance by an employee of his labor duties, as well as violation of labor discipline; 77) rest time - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion; 78) means of collective protection - technical means designed to simultaneously protect two or more workers from the effects of harmful and (or) hazardous production factors; 79) collective agreement - a legal act in the form of a written agreement concluded between employees represented by their representatives and the employer, regulating social and labor relations in the organization; 80) overtime work - work performed by an employee at the initiative of the employer outside the established working hours (in excess of the normal number of working hours for the accounting period); Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Subparagraph 81 is set out in the wording of the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 81) notice - a statement of an employee or employer in writing (on paper or in the form of an electronic document certified by means of an electronic digital signature), submitted on purpose or by means of courier mail, mail, facsimile, e-mail and other information and communication technologies , or in electronic form with the provision of authorization, identification of the employee or employer; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 18, 2020 to the question dated June 16, 2020 No. 623689 (dialog.gov.kz) “On sending notices of layoffs via WhatsApp and Telegram messengers”, Answer of the Minister of Labor and social protection of the population of the Republic of Kazakhstan dated December 6, 2021 to the question dated November 3, 2021 No. 712839 (dialog.egov.kz) “On notification of termination of employment relations if the employment contract is concluded for a certain period” 82) business trip - sending an employee by order of the employer to perform labor duties for a certain period outside the place of permanent work in another locality, as well as sending an employee to another locality 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 determined in the relevant articles of this Code. Article 2. Labor legislation of the Republic of Kazakhstan 1. 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 the norms regulating labor relations, relations of social partnership and labor protection, except for the cases provided for by this Code. 3. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Code, then the rules of the international treaty shall apply . International treaties ratified by the Republic of Kazakhstan apply directly to labor relations, except when it follows from an international treaty that the issuance of a law is required for its application. 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 labor sphere. 2. The tasks 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, social stability, and public harmony. Article 4. Principles of labor legislation of the Republic of Kazakhstan The principles of the labor legislation of the Republic of Kazakhstan are: 1) the inadmissibility of restricting the rights of a person and a citizen in the sphere of labor; 2) freedom of labor; 3) prohibition of discrimination in the sphere of labor, forced labor and the worst forms of child labor; 4) ensuring the right to working conditions that meet the requirements of safety and hygiene; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 5) the priority of the life and health of the employee; 6) ensuring the right to remuneration for work not lower than the minimum wage; 7) ensuring the right to rest; 8) equality of rights and opportunities for employees; 9) ensuring the right of employees and employers to associate to protect their rights and interests; 10) state assistance in strengthening and developing social partnership; 11) state regulation of safety and labor protection issues. Article 5. Freedom of labor Everyone has the right to freely choose work or freely agree to work without any discrimination and coercion to it, the right to dispose of their abilities for work, to choose a profession and type of activity. Article 6. Prohibition of discrimination in the sphere of labor 1. Everyone has equal opportunities to exercise their rights and freedoms in the sphere of work. No one can be restricted in the rights in the sphere of labor, except for the cases and in the manner provided for by this Code and other laws of the Republic of Kazakhstan. 2. No one may be subjected to any discrimination in the exercise of labor rights on the grounds of origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence, age or physical disabilities, as well as belonging to public associations. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 27, 2019 to the question dated December 22, 2019 No. 586508 (dialog.gov.kz) “The norm determined by paragraph 2 of paragraph 2 of the Order of the MHSD of the Republic of Kazakhstan dated June 10, 2016 495, on the inclusion in the seniority of the time spent by the employee on the performance of labor duties, upon dismissal for negative reasons, is not discrimination" 3. Differences, exclusions, preferences and restrictions, which, in accordance with the laws of the Republic of Kazakhstan, are established for the relevant types of labor activity or are due to the special concern 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 apply to the court or other instances in the manner prescribed by the laws of the Republic of Kazakhstan. Article 7. Prohibition of forced labor Forced labor is prohibited. Forced labor means any work or service exacted from any person under the menace of any penalty, for which that person has not offered himself voluntarily. Forced labor is only allowed: as a result of a court verdict that has entered into legal force, provided that the work will be carried out under the supervision and control of state bodies and that the person performing it will not be assigned or transferred to the disposal of individuals and (or) legal entities; in a state of emergency or martial law. Article 8. Scope of this Code 1. This Code regulates the relations: 1) labor; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2) directly related to labor; 3) social partnership; 4) on safety and labor protection. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 02.01.21 No. 399-VI (came into force on December 16, 2020) ( see previous edition ) 2. This Code applies to employees, employees of the sending party, employers, as well as the receiving party, which are located on the territory of the Republic of Kazakhstan, including branches and (or) representative offices of foreign legal entities that have passed registration, unless otherwise provided by the laws of the Republic Kazakhstan and international treaties ratified by the Republic of Kazakhstan. The provisions of this Code, provided for an insurance company, apply to a branch of an insurance company that is a non-resident of the Republic of Kazakhstan, opened on the territory of the Republic of Kazakhstan and operating on the basis of a license from the authorized body for regulation, control and supervision of the financial market and financial organizations. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 2, 2019 (enbek.gov.kz) “On concluding an employment agreement for remote work with a citizen of the Russian Federation” 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. Laws of the Republic of Kazakhstan shall not reduce the level of rights, freedoms and guarantees established by this Code. Article 9. Minimum social standards in the sphere of labor The minimum monthly wage, the duration of daily work (work shift), the main paid annual labor leave are the minimum social standards in the labor sphere in accordance with the Law of the Republic of Kazakhstan “On minimum social standards and their guarantees”. Article 10 1. Labor relations, as well as other relations directly related to labor, are regulated by an employment contract, an act of the employer, an agreement and a collective agreement. 2. The provisions of the agreements of the parties to the social partnership, collective, labor contracts, acts of employers, worsening the position of employees in comparison with the labor legislation of the Republic of Kazakhstan, are recognized as invalid and are not subject to application. Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 3. The terms of agreements, collective, labor contracts cannot be changed unilaterally, except for the cases provided for by this Code. Article 11 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 11. Acts of the employer The employer issues acts within its competence in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan, labor contract, agreements, collective agreement. The employer's acts are drawn up in writing or in the form of an electronic document certified by means of an electronic digital signature. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 12 1. The employer, in cases provided for by agreements, collective agreements, issues acts taking into account the opinion of employees' representatives. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated April 26, 2021 to the question dated April 10, 2021 No. 544544 (dialog.egov.kz) “On the coordination of a decision made by the employer with representatives of employees” 2. The employer submits the draft act of the employer and the rationale for it to the representatives of the employees. If there are several representatives of employees, they create a single representative body to take into account the opinion on the acts of the employer, the numerical composition of which is proportional to the number of employees they represent. 3. The draft act of the employer is discussed by representatives of employees no more than five working days from the date of its submission. In the event that employees' representatives fail to provide a decision within the time limits established by this Code, the employer has the right to adopt an act without taking into account the opinion. 4. Decisions of employees' representatives are drawn up in a protocol, which indicates the agreement (disagreement) with the draft act of the employer's representatives of employees, if available, their proposals are stated. 5. If the opinion of the representatives of employees does not contain agreement with the draft act of the employer or contains proposals for changing it, the employer: 1) upon consent, issues an act amended taking into account the proposals of the employees' representatives; 2) in case of disagreement, the right to hold additional consultations with representatives of employees. 6. If agreement is not reached on the draft acts of the employer, for the issuance of which, in accordance with the agreements, the collective agreement, it is necessary to take into account the opinion of the representatives of the employees, the disagreements that have arisen are drawn up in a protocol signed by one representative of the employer and employees, after which the employer has the right to adopt the act. 7. 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 may be appealed to the local labor inspectorate or to the court. Article 13. Calculation of the terms established by this Code 1. The period established by this Code, labor or collective agreement, agreements is determined by a calendar date, the expiration of a period of time, which is calculated in years, months, weeks or days. The term can also be determined by indicating the event that must occur. 2. In the cases provided for by this Code, the term is calculated in working days. 3. The course of the term, determined by the period of time, begins on the next day after the calendar date, the occurrence of the event, which determines its beginning. 4. Terms calculated in years, months, weeks expire on the corresponding dates of the last year, month, week. If the end of a period calculated in months falls on a month in which there is no corresponding date, then the period shall expire on the last day of that month. Non-working days are also included in the period calculated in calendar weeks or days. 5. If the last day of the term falls on a non-working day, then the day of the end of the term is considered the first working day following it, unless otherwise provided by this Code. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 4, 2018 to the question dated November 20, 2018 No. 523724 (dialog.egov.kz) “On determining the last working day of an employee”, Answer of the Minister Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 of Labor and Social Protection of the Population of the Republic of Kazakhstan dated On May 27, 2021, to the question of May 13, 2021 No. 698419 (dialog.egov.kz) “In practice, it is not uncommon for employees to use the preposition “c” in their resignations, respectively, in these cases, the day of dismissal is considered to be a working day, following the last business day Article 14. Responsibility for violation of the labor legislation of the Republic of Kazakhstan Persons guilty of violating the labor legislation of the Republic of Kazakhstan shall bear responsibility in accordance with the laws of the Republic of Kazakhstan . Chapter 2. STATE REGULATION IN THE FIELD OF LABOR RELATIONS Article 15. Competence of the Government of the Republic of Kazakhstan in the field of regulation of labor relations Government of the Republic of Kazakhstan: 1) develops the main directions and ensures the implementation of the state policy in the field of labor, safety and labor protection; 2) determine the amount of social benefits for temporary disability; 3) approves the Model Regulations on the conditions of remuneration and bonuses for executives of national companies, joint-stock companies, the controlling stakes of which are owned by the state; 4) approves the system of remuneration of civil servants, employees of organizations maintained at the expense of the state budget, employees of state-owned enterprises; Subparagraph 5 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20, No. 321-VI ( see previous edition ) 5) concludes a general agreement with republican associations (associations, unions) of employers and republican associations of workers; 6) establishes the procedure for the adoption of regulatory legal acts in the field of safety and labor protection by the relevant authorized bodies; 7) performs other functions assigned to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan. Article 16. Competence of the authorized state body for labor in the field of regulation of labor relations Authorized state body for labor : 1) implements the state policy in the field of labor, safety and labor protection; 2) organizes state control over compliance with the labor legislation of the Republic of Kazakhstan, including the requirements for safety and labor protection, the legislation of the Republic of Kazakhstan on employment of the population, as well as coordinates the activities and checks the activities of the local labor inspectorate; 3) provides methodological guidance and coordination of local executive bodies in the field of regulation of labor relations; 4) requests the necessary information from local labor inspection authorities on labor relations issues; 5) excluded in accordance with the Law of the Republic of Kazakhstan dated November 26, 2019, No. 273-VI ( see previous edition ) 6) coordinates the activities of state bodies on the development of technical regulations in the field of safety and labor protection; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 7) carries out coordination and interaction in the field of ensuring safety and labor protection with other state bodies, as well as with representatives of employees and employers; 8) establishes the procedure for the development, approval, replacement and revision of labor standards by the employer, model labor standards and standards, unified and (or) intersectoral, model labor standards and standards for all areas of activity; 9) develops and approves a list of job titles of employees related to administrative staff; 10) establishes the procedure for the submission, consideration and approval of labor standards in organizations, for services (goods, works) of which state regulation of tariffs (prices, rates of charges) is introduced; 11) establishes the procedure for submitting, reviewing and agreeing on the parameters for the system of remuneration of employees of organizations, for the services (goods, works) of which state regulation of tariffs (prices, rates of charges) is introduced; 12) carries out registration of sectoral and regional agreements concluded at the level of the region (city of republican significance, the capital); 13) conducts training and certification of state labor inspectors; 14) exercise control over the timely and objective investigation of accidents related to labor activity, in the manner established by this Code and other regulatory legal acts of the Republic of Kazakhstan; 15) carry out international cooperation in the field of regulation of labor relations; 16) determines the procedure for the development, revision, approval and application of the Unified Tariff and Qualification Handbook of Works and Professions of Workers, Tariff and Qualification Characteristics of Worker Professions, the Qualification Handbook for the Positions of Managers, Specialists and Other Employees, as well as typical qualification characteristics of the positions of managers, specialists and other employees organizations; The article is supplemented by subparagraphs 16-1 and 16-2 in accordance with the Law of the Republic of Kazakhstan dated 06.04.16 No. 483-V 16-1) develops and approves the Unified Tariff and Qualification Reference Book of Works and Professions of Workers , the tariff and qualification characteristics of the professions of workers, the Qualification Reference Book of positions of managers, specialists and other employees; 16-2) develops and approves the qualification characteristics of individual positions of specialists of state institutions and state-owned enterprises, common to all areas of activity; Subparagraph 17 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.04.16, No. 483-V ( see previous edition ) 17) considers and approves qualification reference books or standard qualification characteristics of the positions of managers, specialists and other employees of organizations of various types of economic activity, developed and approved by the authorized state bodies of the relevant fields of activity; 18) determines the list of industries, workshops, professions and positions, the list of heavy work, work with harmful and (or) dangerous working conditions, work in which gives the right to reduced working hours, additional paid annual leave and increased wages, and also the procedure for their provision (hereinafter - the List of industries, workshops, professions and positions, a list of heavy work, work with harmful and (or) dangerous working conditions); 19) creates a commission to investigate group accidents in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan; 20) organize monitoring and risk assessment in the field of safety and labor protection; 21) approves the standard provision on labor arbitration; 22) establishes a unified procedure for calculating the average wage; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Subparagraph 23 was amended in accordance with the Law of the Republic of Kazakhstan dated March 31, 21, No. 24-VII ( see previous edition ) 23) determines the procedure for entering the civil service and holding a competition for a vacant position of a civil servant , with the exception of the first head and teacher of a state educational organization ; 24) determines the general requirements for professional training, retraining and advanced training of personnel in the organization; 25) approves the form, procedure for maintaining and storing work books; 26) approves the list of jobs where it is prohibited to use the labor of workers under the age of eighteen, the maximum norms for carrying and moving heavy loads by workers under the age of eighteen; Subparagraph 27 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); Law of the Republic of Kazakhstan dated 12.10.21, No. 67-VII ( see previous edition ) 27) approves the maximum norms for lifting and moving weights manually by women; 28) approves the model regulation on the safety and labor protection service in the organization; 29) determine the procedure for mandatory periodic certification of production facilities in terms of working conditions; Subparagraph 30 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 30) develops and approves the rules and terms for training, instruction and testing of knowledge on the issues of labor safety and labor protection of employees, managers and persons responsible for ensuring labor safety and labor protection; 31) establishes the procedure for the development, approval and revision of the instruction on safety and labor protection by the employer; 32) determine the procedure for assigning and paying social benefits for temporary disability; Subparagraph 33 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20, No. 321-VI ( see previous edition ) 33) approves the procedure for issuing milk or equivalent food products and (or) specialized products for dietary (therapeutic and preventive) nutrition, special clothing and other personal protective equipment to employees, and also establishes the procedure for providing them with collective protective equipment, sanitary facilities and devices at the expense of the employer; Subparagraph 34 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 34) approves, in agreement with the central authorized body for budget planning, the norms for issuing milk or equivalent food products and (or) specialized products for dietary (therapeutic and preventive) nutrition to employees; 35) approves, in agreement with the central authorized body for budget planning, the norms for issuing special clothing and other personal protective equipment to employees of organizations of various types of economic activity; 36) develop and approve the procedure for declaring the activities of the employer; 37) determines the priorities of scientific developments in the field of safety and labor protection and regulation of labor relations; 38) organize the development of scientific, scientific and technical projects and programs financed from the state budget, and carry out their implementation; 39) develop and approve the form of registration of collective labor disputes; 40) develops and approves unified intersectoral standards for the number of employees providing maintenance and functioning of state bodies; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The article is supplemented by subparagraph 40-1 in accordance with the Law of the Republic of Kazakhstan dated 06.04.16 No. 483-V 40-1) coordinates industry standards for the number of employees providing maintenance and functioning of state bodies, developed and approved by state bodies of the relevant areas of activity in the manner established by the authorized state body for labor; 41) coordinates the registers of positions of civil servants, developed and approved by the relevant authorized state bodies of the relevant fields of activity; The article is supplemented by subparagraphs 41-1 - 41-8 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 41-1) develop and approve a standard provision on the labor protection management system; 41-2) develops and approves the rules for managing professional risks; 41-3) develops and approves intersectoral standard standards for the number of employees of labor protection services; 41-4) develops and approves the Code of Ethics for Civil Servants; 41-5) develops and approves the rules for submitting and receiving information about an employment contract in a unified accounting system for employment contracts; 41-6) develops and approves the rules for issuing and applying work permits in the performance of work in conditions of increased danger; 41-7) ensures the confidentiality and protection of the employee's personal data contained in the unified system of accounting for employment contracts, in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection; 41-8) provides information from the unified system of accounting for employment contracts to individuals and legal entities, taking into account the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection; The article is supplemented by subparagraph 41-9 in accordance with the Law of the Republic of Kazakhstan dated 27.12.21, No. 87-VII 41-9) develop and approve the rules for ensuring safety and labor protection when working at height; 42) exercise other powers provided for by this Code, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. Article 17. Competence of the local authority for labor inspection Local labor inspectorate: 1) exercises state control over compliance with the labor legislation of the Republic of Kazakhstan, including the requirements for safety and labor protection; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 2, 2021 to the question dated January 28, 2021 No. 664589 (dialog.egov.kz) “On training and testing knowledge on safety and labor protection issues for managers and persons responsible for ensuring safety and labor protection" 2) monitors collective agreements submitted by employers; Subparagraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3) analyzes the causes of industrial injuries and develops proposals for its prevention; 4) investigates accidents related to labor activity in the manner prescribed by this Code and other regulatory legal acts of the Republic of Kazakhstan; 5) excluded in accordance with the Law of the Republic of Kazakhstan dated 04.05.20, No. 321-VI ( see previous edition ) 6) excluded in accordance with the Law of the Republic of Kazakhstan dated 24.05.18, No. 156-VI ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 7) interacts with representatives of employees and employers on the issues of improving safety and labor protection standards; Subparagraph 8 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 8) considers appeals of employees, employers and their representatives on issues of compliance with the labor legislation of the Republic of Kazakhstan, including safety and labor protection; 9) monitors the certification of production facilities for working conditions; 10) excluded in accordance with the Law of the Republic of Kazakhstan dated 24.05.18, No. 156-VI ( see previous edition ) periodic reports to the authorized state body for labor , as well as the results of monitoring the state of safety and labor protection on the basis of the information system for labor protection and safety; 12) conducts monitoring of collective labor disputes in the form established by the authorized state body for labor; 13) submit the necessary information on labor relations to the authorized state body for labor; 14) declares the activities of the employer. Article 18. Competence of local executive bodies in the field of regulation of labor relations Local executive bodies: 1) implement the state policy in the field of labor, safety and labor protection; Subparagraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated June 15, 2017 No. 73-VI (came into force on January 1, 2019) ( see previous edition ) 2) in agreement with the local representative body, determine the list of positions of specialists in the field of healthcare, social security, education, culture, sports, veterinary medicine, forestry and specially protected natural areas, who are civil servants and work in rural areas; 3) carry out registration of industry and regional agreements concluded at the city, district level; 4) coordinate the holding of strikes in organizations that ensure the vital activity of the population (public transport, organizations that provide water, electricity, heat); Subparagraph 5 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5) conclude regional (regional, city, district) agreements with regional associations (associations, unions) of employers and regional associations of employees; 6) consider and agree on the parameters of the system of remuneration of employees of organizations, for services (goods, works) of which state regulation of tariffs (prices, rates of fees) is introduced, in the manner established by the authorized state body for labor; 7) establish a quota for employment of categories of the population, determined by the laws of the Republic of Kazakhstan; 8) exercise in the interests of local government other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan. Chapter 3. SUBJECTS OF LABOR RELATIONS. GROUNDS FOR EMPLOYMENT RELATIONSHIPS Article 19. Subjects of labor relations The subjects of labor relations are the employee and the employer. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The head of a branch or representative office of a foreign legal entity exercises all the rights and performs all the obligations of the employer on behalf of this legal entity. Article 20. Representatives of employees and their powers Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 1. The interests of employees within the powers delegated to them are represented by the bodies of trade unions in accordance with the Law of the Republic of Kazakhstan "On Trade Unions", and in their absence - by elected representatives. Elected representatives of employees are elected and authorized at a general meeting (conference) of employees of the organization by a majority vote of participants in the presence of at least two thirds of the total number of employees of the organization. It is allowed to hold a general meeting (conference) of employees of the organization to elect elected representatives of employees by remote voting. Participation in the general meeting (conference) of an employee is confirmed by an electronic digital signature or by other electronic means providing authorization, identification of the employee. If the membership of employees in trade unions is less than half of the staff of the organization, then the interests of employees may be represented by trade unions and elected representatives. It is not allowed to conduct collective negotiations between the employer and employees without the participation of a trade union, if a trade union has been created in this organization. 2. Employees who are not members of a trade union who did not take part in the election of elected representatives of employees have the right to delegate the right to represent their interests to trade union bodies, elected representatives of employees. On the basis of a written application of an employee, trade union bodies, elected representatives of employees provide representation of his interests. 3. Elected representatives of employees have the right to: 1) represent and protect the labor rights and interests of employees; 2) conduct collective negotiations with the employer on the development of projects and the conclusion of collective agreements; 3) in accordance with collective agreements, visit workplaces to study and take measures to ensure normal working conditions; 4) participate in the settlement of labor disputes between the employee and the employer in the manner prescribed by this Code. The Code is supplemented by Article 20-1 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI Article 20-1. Associations (associations, unions) of employers and their powers 1. Employers have the right to create and join associations (associations, unions) of employers on a voluntary basis. 2. The interests of employers within the powers delegated to them are represented by associations (associations, unions) of employers in accordance with this Code, the Entrepreneurial Code of the Republic of Kazakhstan and other laws of the Republic of Kazakhstan. 3. Associations (associations, unions) of employers represent the rights and interests of their members through social partnership mechanisms by: 1) ensuring guarantees of the rights of employees and employers in the field of labor and improving the labor legislation of the Republic of Kazakhstan; 2) work in tripartite republican, branch, regional commissions on social partnership and regulation of social and labor relations; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3) participation in the development of agreements and their conclusion; 4) participation in the composition of the conciliation commission when considering individual labor disputes, the conciliation commission and labor arbitration when considering collective labor disputes; 5) consultations and negotiations with representatives of employees on the regulation of labor relations and other directly related relations. Article 21. Grounds for the emergence of labor relations 1. Labor relations arise between an employee and an employer on the basis of an employment contract concluded in accordance with this Code, with the exception of cases established by the laws of the Republic of Kazakhstan. 2. In cases and in the manner established by the laws of the Republic of Kazakhstan, constituent documents, acts of the employer, the conclusion of an employment contract may be preceded by the following procedures: 1) election (elections) to office; 2) election by competition to fill the relevant position; 3) appointment to a position or approval in a position; 4) assignment to work by the bodies authorized by the laws of the Republic of Kazakhstan on account of the established quota; 5) issuance of a court decision on the conclusion of an employment contract. 3. Labor relations with the head of the executive body of a legal entity are carried out in accordance with this Code, the laws of the Republic of Kazakhstan, constituent documents and an employment contract. Article 22. Basic rights and obligations of an employee 1. The employee has the right to: Subparagraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1) conclusion, amendment, addition, termination of an employment contract in the manner and under the conditions provided for by this Code; Subparagraph 2 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2) requirement from the employer to fulfill the conditions of labor, collective contracts, agreements, acts of the employer; 3) safety and labor protection; 4) obtaining complete and reliable information about the state of working conditions and labor protection; 5) timely and in full payment of wages in accordance with the terms of labor, collective agreements; 6) payment for downtime in accordance with this Code ; 7) rest, including paid annual labor leave; Subparagraph 8 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 8) association, including the right to create a trade union, as well as membership in it, to represent and protect their labor rights and interests, unless otherwise provided by the laws of the Republic of Kazakhstan; 9) participation through their representatives in collective negotiations and the development of a draft collective agreement, as well as familiarization with the signed collective agreement; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Subparagraph 10 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 10) compensation for harm caused to health in connection with the performance of labor (service) duties; 11) compulsory social insurance; 12) insurance against accidents in the performance of labor (service) duties; 13) guarantees and compensation payments; 14) protection of their rights and legitimate interests by all means that do not contradict the law; Subparagraph 15 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 15) equal pay for equal work, as well as equal production and living conditions without any discrimination; Subparagraph 16 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 16) applying for consideration of an individual labor dispute successively to the conciliation commission, the court in the manner prescribed by this Code; 17) a workplace equipped in accordance with the requirements of safety and labor protection; 18) provision of means of individual and collective protection, special clothing in accordance with the requirements provided for by the legislation of the Republic of Kazakhstan, as well as labor and collective agreements; 19) refusal to perform work in the event of a situation that poses a threat to his health or life, with a notification of this to the immediate supervisor or representative of the employer; 20) appeal to the authorized state body for labor and (or) to the local body for labor inspection to conduct an examination of the conditions of safety and labor protection at the workplace, as well as representative participation in the inspection and consideration of issues related to the improvement of conditions, safety and security labor; 21) appeal against the actions (inaction) of the employer in the field of labor and directly related relations; 22) wages in accordance with the qualifications, complexity of labor, quantity and quality of work performed, as well as working conditions; 23) resolution of individual and collective labor disputes, including the right to strike, in the manner prescribed by this Code, other laws of the Republic of Kazakhstan; 24) ensuring the protection of personal data stored by the employer; The paragraph was supplemented by subparagraph 25 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 25) obtaining from the unified system of accounting for employment contracts information about the employment contract and their labor activity. 2. The employee is obliged: 1) perform labor duties in accordance with agreements, labor, collective agreements, acts of the employer; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 11, 2019 to the question dated September 27, 2019 No. 572155 (dialog.gov.kz) “On the development of job and work instructions for employees at the enterprise” 2) observe labor discipline; 3) comply with the requirements for safety and labor protection, fire safety, industrial safety and industrial sanitation at the workplace; 4) take care of the property of the employer and employees; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 5) inform the employer about a situation that has arisen that poses a threat to the life and health of people, the safety of the property of the employer and employees, as well as about the occurrence of downtime; 6) not to disclose information constituting state secrets , official, commercial or other secret protected by law, which became known to him in connection with the performance of his labor duties; 7) compensate the employer for the damage caused within the limits established by this Code and other laws of the Republic of Kazakhstan. 3. The employee has other rights and performs other duties provided for by this Code. Article 23. Basic rights and obligations of the employer 1. The employer has the right: 1) freedom of choice in employment; 2) change, supplement, terminate and terminate employment contracts with employees in the manner and on the grounds established by this Code; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 15, 2021 to the question dated July 8, 2021 No. 694610 (dialog.egov.kz) “On determining the date of termination of the employment contract and the last working day” 3) to issue acts of the employer within the limits of their powers; Subparagraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4) create and join associations (associations, unions) in order to represent and protect their rights and interests; 5) require employees to comply with the terms of labor, collective agreements, labor regulations and other acts of the employer; 6) encourage employees, impose disciplinary sanctions, hold employees liable in the cases and in the manner prescribed by this Code; 7) for compensation for damage caused by the employee in the performance of labor duties; 8) apply to the court in order to protect their rights and legitimate interests in the field of work; 9) establish a probationary period for the employee; 10) provide employees with professional training, retraining and advanced training in accordance with this Code; 11) to reimburse their costs associated with employee training in accordance with this Code; Subparagraph 12 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 12) to apply for consideration of an individual labor dispute successively to the conciliation commission, the court in the manner prescribed by this Code; The paragraph was supplemented by subparagraph 13 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 13) to receive from the unified system of accounting for employment contracts information about the labor activity of applicants (with their prior consent) and employees. 2. The employer is obliged: 1) comply with the requirements of the labor legislation of the Republic of Kazakhstan, agreements, collective, labor contracts, acts issued by him; 2) when hiring, conclude employment contracts with employees in the manner and on the conditions established by this Code; 3) to demand, when hiring, the documents necessary for concluding an employment contract, in accordance with Article 32 of this Code; 4) provide the employee with work stipulated by the employment contract; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 5) timely and in full to pay the employee wages and other payments provided for by the regulatory legal acts of the Republic of Kazakhstan, labor, collective agreements, acts of the employer; Subparagraph 6 is set out in the wording of the Law of the Republic of Kazakhstan dated 01.07.21 No. 61-VII ( see previous edition ) 6) to acquaint the employee with the collective agreement, labor regulations, other acts of the employer that are directly related to the work (labor function) of the employee, and in cases provided for by this Code, other acts of the employer personally or by sending them by courier mail service, postal service , facsimile, e-mail and other information and communication technologies ; 7) consider the proposals of employees' representatives and provide employees' representatives with complete and reliable information necessary for conducting collective negotiations, concluding collective agreements, as well as monitoring their implementation; 8) conduct collective negotiations in accordance with the procedure established by this Code, conclude a collective agreement; 9) provide employees with working conditions in accordance with the labor legislation of the Republic of Kazakhstan, labor, collective agreements; 10) provide employees with equipment, tools, technical documentation and other means necessary for the performance of labor duties at their own expense; 11) provide information to the authorized body on employment issues in accordance with the requirements of the legislation of the Republic of Kazakhstan on employment of the population; 12) comply with the instructions of state labor inspectors; 13) suspend work if its continuation poses a threat to the life, health of the employee and other persons; 14) carry out compulsory social insurance of employees ; See: Response of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated September 27, 2019 to the question dated September 13, 2019 No. 568517 (dialog.egov.kz) “On insurance of a foreign employee transferred as part of an internal corporate transfer against accidents” 15) to insure the employee against accidents in the performance of labor (service) duties; 16) provide the employee with annual paid labor leave; Subparagraph 17 is set out in the wording of the Law of the Republic of Kazakhstan dated 02.07.18 No. 165-VI ( see previous edition ) 17) ensure the safety and delivery to the state archive of documents confirming the labor activity of employees, and information on the deduction and deduction of money for their pension provision and compulsory social insurance; 18) warn the employee about harmful and (or) dangerous working conditions and the possibility of occupational disease; Subparagraph 19 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 19) take measures to prevent occupational risks in the workplace and in technological processes, carry out preventive work, taking into account production and scientific and technological progress; 20) keep records of working time, including overtime work, in harmful and (or) dangerous working conditions, in hard work performed by each employee; 21) compensate for harm caused to the life and health of an employee in the performance of labor (service) duties in accordance with this Code and other laws of the Republic of Kazakhstan; 22) freely allow officials of the authorized state body for labor and the local body for labor inspection, representatives of workers, technical labor inspectors to conduct inspections of the state Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 of safety, conditions and labor protection in organizations and compliance with the legislation of the Republic of Kazakhstan, as well as to investigate accidents work-related and occupational diseases; 23) ensure the maintenance of registers or other documents determined by the employer, which indicate the last name, first name, patronymic (if it is indicated in an identity document) and the date of birth of employees under eighteen years of age; 24) 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; 25) exercise internal control on safety and labor protection; The paragraph was supplemented with subparagraphs 26 - 28 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 26) create a conciliation commission in the manner prescribed by this Code; The paragraph was supplemented by subparagraph 26-1 in accordance with the Law of the Republic of Kazakhstan dated 07.07.20 No. 361-VI 26-1) provide the employee with leave to undergo screening studies while maintaining the place of work (position) and average salary in the manner and amount determined by the legislation of the Republic of Kazakhstan in the field of healthcare; 27) enter information on the conclusion and termination of an employment contract with an employee, amendments and (or) additions to it, containing the information provided for in subparagraphs 1), 2), 3), 4), 5) and 13) of paragraph 1 of Article 28 of this of the Code, into a unified system of accounting for employment contracts in the manner determined by the authorized state body for labor; See: Response of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 10, 2020 to the question dated May 26, 2020 No. 619168 (dialog.egov.kz) “Only valid employment contracts of employees are entered into the ESUTD, and the employer’s obligations to enter historical data no”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated September 10, 2020 to the question dated September 9, 2020 No. 640583 (dialog.egov.kz) “On entering information into the unified system of accounting for employment contracts, if the head of the LLP is at the same time its only the founder, and the employment contract was not concluded”, On the answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 21, 2021 to the question dated March 15, 2021 No. 673631 (dialog.egov.kz) “From March 1, 2021, The electronic labor exchange uses an updated directory of professions and positions, where occupations that are never used by employers when filling vacancies are excluded, generally accepted names of occupations are used without deep side detail, added new professions and positions that are common in the labor market" 28) provide employees with equal pay for equal work, as well as equal working and living conditions without any discrimination. 3. The employer has other rights and performs other duties provided for by this Code. SPECIAL PART SECTION 2. LABOR RELATIONSHIPS Chapter 4. EMPLOYMENT CONTRACT Article 24. Subject of an employment contract Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Under the employment contract, the employee undertakes to personally perform the work (labor function), to comply with the rules of the labor schedule, and the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, the collective agreement , acts of the employer, pay wages to the employee in a timely manner and in full. Article 25. Guarantees of equality of rights and opportunities when concluding an employment contract 1. It is prohibited to violate the equality of rights and opportunities when concluding an employment contract. 2. Pregnancy, the presence of children under the age of three, minority, disability may not restrict the right to conclude an employment contract, with the exception of cases provided for by this Code. Article 26. Prohibitions and restrictions on the conclusion of an employment contract and employment 1. It is not allowed to conclude an employment contract: 1) to perform work that is contraindicated for a person for health reasons on the basis of a medical report; 2) with citizens under the age of eighteen, for hard work , work with harmful and (or) dangerous working conditions, as well as for positions and work that provide for the full liability of the employee for failure to ensure the safety of the property and other valuables of the employer, as well as 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 products, tobacco products, narcotic drugs, psychotropic substances and precursors); 3) with citizens deprived of the right to hold a certain position or engage in certain activities in accordance with a court verdict that has entered into legal force; Subparagraph 4 is set out in the wording of Article 204 (effective from January 1, 2017) ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 13.05.20, No. 327-VI ( see previous edition ); set out in the wording of the Law of the Republic of Kazakhstan dated December 30, 21, No. 95-VII ( see previous edition ) 4) with foreigners and stateless persons temporarily residing in the territory of the Republic of Kazakhstan, until the employer receives permission from the local executive body to attract foreign labor or until the foreign worker receives a certificate of qualifications for self-employment or a permit to a labor immigrant issued in the manner determined by by the authorized body on issues of population migration, or without observing the restrictions or exemptions established by the laws of the Republic of Kazakhstan; 5) with foreign students and trainees temporarily staying on the territory of the Republic of Kazakhstan, who did not submit certificates from the educational organization indicating the form of study or the host organization on the passage of vocational training and (or) internship and residence permit for the purpose of obtaining education; 6) with foreigners and stateless persons temporarily residing in the territory of the Republic of Kazakhstan, who did not submit an entry and stay permit for the purpose of family reunification and a document confirming the state of marriage recognized by the legislation of the Republic of Kazakhstan with a citizen of the Republic of Kazakhstan; 7) for the performance of work (provision of services) in the household by one employer - an individual simultaneously with more than five labor immigrants. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2. Employment is not allowed: Subparagraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1) to a commercial organization, with the exception of state organizations and organizations in the authorized capital of which the state's share is more than fifty percent, including in national management holdings, national holdings, national companies, national development institutions, the shareholder of which is the state, their subsidiaries , more than fifty percent of the voting shares (stakes in the authorized capital) of which belong to them, as well as legal entities, more than fifty percent of the voting shares (stakes in the authorized capital) of which belong to the specified subsidiaries, persons within one year after the termination of their public service if for the last year before the termination of public service during the period of performance of public functions, the specified person, by virtue of his official powers, directly exercised control in the form of inspections of the activities of this commercial organization or the activities of this commercial the legal organization was directly connected with the specified person in accordance with his competence; Subparagraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated December 30, 20, No. 393-VI ( see previous edition ) 2) to the subjects of the quasi-public sector of the person who committed the corruption crime ; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 12, 2021 to the question dated May 2, 2021 No. 682799 (dialog.egov.kz) “Is an employer of the quasi-public sector entitled to demand a certificate of the presence or absence of information about the commission of a corruption crime from the employee, and dismiss in case of a criminal record " 3) in organizations in the field of education, upbringing and development, organization of recreation and rehabilitation, physical culture and sports, medical support, provision of social services, culture and art with the participation of minors, persons who have or had a criminal record , are or have been subjected to criminal prosecution are not allowed ( with the exception of persons whose criminal prosecution has been terminated on the basis of subparagraphs 1) and 2) of part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses: murder , intentional infliction of harm to health , against public health and morality , sexual integrity , for extremist or terrorist crimes, human trafficking ; 4) excluded in accordance with the Law of the Republic of Kazakhstan dated 12.10.21, No. 67-VII ( see previous edition ) Subparagraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated April 16, 2018, No. 147-VI ( see previous edition ) 5) for part-time work of workers under the age of eighteen, and workers engaged in hard work, work with harmful and (or) dangerous working conditions, with the exception of medical workers. Article 27. Difference between an employment contract and other types of contracts Distinctive features of an employment contract from other types of contracts is the presence in it of one of the following conditions: 1) performance by an employee of work (labor function) according to a certain qualification, specialty, profession or position; 2) fulfillment of obligations personally with subordination to the labor schedule; 3) receipt by the employee of wages for work. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 28. Content of an employment contract 1. An employment contract must contain: 1) details of the parties: surname, name, patronymic (if it is indicated in the identity document) of the employer - an individual, the address of his permanent place of residence and information on registration at the place of residence, name, number and date of issue of the identity document; individual identification number (business identification number); name of the employer - legal entity and its location, number and date of state registration of the employer - legal entity, business identification number; surname, name, patronymic (if it is indicated in the identity document) of the employee, address of his permanent place of residence and information on registration at the place of residence, name, number, date of issue of the document proving his identity, individual identification number; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 30, 2019 to the question dated December 21, 2019 No. 586478 (dialog.gov.kz) “On indicating the address of residence of the employee when concluding an employment contract” 2) work in a certain specialty, profession, qualification or position (labor function); Subparagraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 01.07.21 No. 61-VII ( see previous edition ) 3) place of performance of work. When working remotely, the place of performance of work is not indicated, with the exception of combined remote work ; See Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 28, 2019 to the question dated October 21, 2019 No. 576412 (dialog.gov.kz) “On indicating in the employment contract the place of work of a shift worker in several separate structural divisions of the employer” 4) the term of the employment contract; 5) date of commencement of work; 6) regime of working time and rest time; 7) the amount and other conditions of remuneration; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 12, 2018 to the question dated December 6, 2018 No. 525662 (dialog.egov.kz) “On specifying the amount of wages in the employment contract, taking into account the individual taxpayer” 8) characteristics of working conditions, guarantees and benefits, if the work is difficult and (or) is performed in harmful and (or) dangerous conditions; 9) the rights and obligations of the employee; 10) the rights and obligations of the employer; 11) the procedure for changing and terminating the employment contract; 12) responsibility of the parties; 13) date of conclusion and serial number. 2. An employment contract concluded with a disabled person must contain conditions for equipping workplaces, taking into account their individual capabilities. 3. By agreement of the parties, the employment contract may include other conditions that do not contradict the legislation of the Republic of Kazakhstan. Article 29. Non-competition clause Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1. By agreement of the parties, a non-competition agreement may be concluded between the employer and the employee, which provides for the obligation of the employee not to take actions that could cause damage to the employer. 2. The non-competition agreement establishes restrictions and conditions for their acceptance, as well as compensation for the period of validity of this condition, except for cases when the non- competition condition is provided for by the legislation of the Republic of Kazakhstan. 3. The list of positions and works occupied or performed by employees with whom a non- competition agreement may be concluded is approved by the employer's act. Article 30. Term of an employment contract 1. An employment contract may be concluded: 1) for an indefinite period; Subparagraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); Law of the Republic of Kazakhstan dated 01.07.21 No. 61-VII ( see previous edition ) 2) for a certain period of at least one year, except for the cases established by subparagraphs 3), 4), 5) and 6) of this paragraph. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 8, 2018 (enbek.gov.kz) “The term of an employment contract concluded for a certain period should be determined by a calendar date ” Upon expiration of the term of the employment contract, the parties have the right to extend it for an indefinite or definite period of at least one year. In the event of the expiration of the employment contract, if neither of the parties during the last working day (shift) notified of the termination of the employment relationship, it is considered extended for the same period for which it was previously concluded, with the exception of cases provided for in paragraph 2 of Article 51 of this Code. An employment contract entered into for a fixed period of time may be extended no more than two times. When continuing the employment relationship, the employment contract is considered concluded for an indefinite period. The provisions of parts four and five of this subparagraph do not apply to foreign employees of autonomous educational organizations and their organizations; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” 3) for the period of performance of certain work; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 12, 2021 to the question dated October 28, 2021 No. 711890 (dialog.egov.kz) not on a specific date 4) for the period of replacement of a temporarily absent employee; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 30, 2018 to the question dated November 19, 2018 No. 523547 (dialog.egov.kz) “For the duration of an employee on social or labor leave, he is considered temporarily absent” 5) for the period of performance of seasonal work; Subparagraph 6 is set out in the wording of Article 204 (effective from January 1, 2017) ( see previous edition ); Law of the Republic of Kazakhstan No. 95-VII dated December 30, 21 ( see previous edition ) 6) within the terms established by the legislation of the Republic of Kazakhstan, permits to attract foreign labor, permits for a labor immigrant and certificates of qualifications for self- Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 employment, issued by local executive bodies in the manner determined by the authorized body on population migration. 2. Small business entities may conclude employment contracts with employees for a specified period without the limitation provided for in subparagraph 2) of paragraph 1 of this article. 3. An employment contract with a foreign employee of a state body is concluded for a period determined by the head of the state body. 4. An employment contract with the head of the executive body of a legal entity is concluded by the owner of the property of a legal entity or a person (body) authorized by him or an authorized body of a legal entity or a person authorized by him for a period and in the manner established by the laws of the Republic of Kazakhstan, constituent documents or agreement of the parties. In the event of the expiration of the employment contract concluded with the head of the executive body of the legal entity, if none of the parties notified about the termination of employment relations no later than the last working day before the expiration of the employment contract, the employment contract is extended for a period until a decision is made by the founders, owner property of a legal entity or a person (body) authorized by it or an authorized body of a legal entity on the election (appointment, approval in office) of a new head, or the same person, unless another extension period is determined by the specified decision. Paragraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.04.16, No. 483-V ( see previous edition ) 5. With an employee who has reached retirement age in accordance with paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan" and who has a high professional and qualification level, taking into account his ability to work, an employment contract can be extended annually without the restriction provided for in part four of subparagraph 2) paragraph 1 of this article. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Article 31. Age from which the conclusion of an employment contract is allowed 1. The conclusion of an employment contract is allowed with citizens who have reached the age of sixteen. 2. An employment contract may be concluded with: 1) by citizens who have reached the age of fifteen, in cases where they receive basic secondary, general secondary education in an organization of secondary education; 2) by students who have reached the age of fourteen, to perform work in their free time from studies that does not cause harm to health and does not violate the learning process; 3) with persons under the age of fourteen, in cinematography organizations, theaters, theater and concert organizations, circuses to participate in the creation and (or) performance of works without prejudice to health and moral development in compliance with the conditions specified in subparagraph 2) of this paragraph. Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. In the cases specified in paragraph 2 of this article, along with a minor, an employment contract must be signed by one of his legal representatives. Article 32. Documents required for concluding an employment contract 1. The following documents are required to conclude an employment contract: Subparagraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); Law of the Republic of Kazakhstan dated May 13, 20, No. 327-VI (entered into force on January 2, 2021) ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1) an identity card of a citizen of the Republic of Kazakhstan or a passport of a citizen of the Republic of Kazakhstan ( with a birth certificate for persons under the age of sixteen). Candases present a candas certificate issued by local executive bodies; Subparagraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2) a residence permit of a foreigner in the Republic of Kazakhstan or a certificate of a stateless person ( for foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan) or a refugee certificate ; 3) a document on education , qualifications, availability of special knowledge or professional training when concluding an employment contract for work requiring relevant knowledge, skills and abilities; 4) a document confirming labor activity (for persons with seniority); 5) a document on passing a preliminary medical examination (for persons who are required to undergo such an examination in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan). 2. To conclude an employment contract in the field of education, upbringing, organization of recreation and health improvement, physical culture and sports, medical care, provision of social services, culture and art with the participation of minors, a person shall submit a certificate of the presence or absence of information about the commission of a criminal offense: murder , intentional infliction of harm to health , against public health and morality , sexual integrity , for extremist or terrorist crimes, human trafficking . Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated December 30, 2020 No. 393-VI ( see previous edition ) 3. When entering the civil service, to work in the subjects of the quasi-public sector , a person submits a certificate on the presence or absence of information about the commission of a corruption crime. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 15, 2021 to the question dated June 1, 2021 No. 688203 (dialog.egov.kz) “When applying for a job in the subjects of the quasi-public sector, an employee provides a certificate of the presence or absence of a criminal record” , Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 15, 2021 to the question dated May 31, 2021 No. 687908 (dialog.egov.kz) “On the submission of a certificate on the presence or absence of information on the commission of a corruption crime when a person enters work in the subjects quasi-public sector" 4. To conclude an employment contract on part-time work with another employer, the employee submits a certificate of the nature and working conditions at the main place of work (place of work, position, working conditions). 5. The list of documents required for concluding an employment contract when attracting foreign employees of a state body is determined in accordance with the procedure for attracting foreign employees, approved by the Government of the Republic of Kazakhstan. Paragraph 6 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 6. The employer is not entitled to demand documents that are not provided for by this article, except for the cases provided for by the regulatory legal acts of the Republic of Kazakhstan. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated April 17, 2018 to the question of April 5, 2018 No. 491245 (dialog.egov.kz) 32 of the Labor Code" Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 7. If the employee agrees to store the original documents with the employer or temporarily leave them for the implementation of the procedures established by the legislation of the Republic of Kazakhstan, the employer issues a written obligation to the employee to return the documents. Article 33. Procedure for concluding, amending and supplementing an employment contract Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. An employment contract is concluded in writing in at least two copies and signed by the parties. One copy of the employment contract is kept by the employee and the employer. The conclusion of an employment contract, the introduction of amendments and additions to it can be made in the form of an electronic document certified by means of an electronic digital signature. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 2. Amendments and additions to the employment contract, including when transferring to another job, are carried out by the parties in writing in the form of an additional agreement in the manner provided for in paragraph 1 of this article , except for the cases provided for by this Code . A notice of a change in the terms of an employment contract is submitted by one of the parties to the employment contract and considered by the other party within five working days from the date of its submission. The party that received a notice of a change in the terms of the employment contract, including when transferring to another job, is obliged to inform the other party of the decision taken within the time period specified in this article. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 23, 2020 to the question dated July 18, 2020 No. 629168 (dialog.gov.kz) “The extension of the terms of an employment contract to previously arisen legal relations is possible only by agreement of the parties” 3. Admission to work of a person is carried out only after the conclusion of an employment contract. In the absence and (or) failure to properly execute an employment contract through the fault of the employer, he shall be liable in the manner prescribed by the laws of the Republic of Kazakhstan. In this case, the employment relationship is considered to have arisen from the day the employee started work. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 17, 2021 to the question dated March 1, 2021 No. 671127 (dialog.egov.kz) “If, due to the fault of the employer, there is no or improper execution of an employment contract, in this case, the employer is obliged to issue an act of the employer on the proper execution of the employment contract” 4. Recognition of an employment contract as invalid due to the fault of the employer does not entail the loss by the former employee of the right to remuneration, compensation payment for unused days of paid annual leave, other payments and benefits. The invalidation of certain terms of the employment contract does not entail the invalidity of the employment contract as a whole. Article 34 Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Employment is formalized by the act of the employer, issued on the basis of the concluded employment contract. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 31, 2021 to the question dated March 16, 2021 No. 673996 (dialog.egov.kz) invalidating it" Article 35. Documents confirming the labor activity of an employee The document confirming the labor activity of the employee can be any of the following: 1) work book ; 2) an employment contract marked by the employer on the date and grounds for its termination; Subparagraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3) extracts from the acts of the employer, confirming the emergence and (or) termination of labor relations on the basis of the conclusion and (or) termination of an employment contract; 4) extracts from the payroll sheet for employees; Subparagraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5) track record (a list of information about the work, labor activity of the employee), signed and certified by the seal of the employer (if any); 6) extracts from the unified accumulative pension fund on the transferred mandatory pension contributions; 7) information from the State Social Insurance Fund on social contributions made; The article was supplemented by subparagraph 7-1 in accordance with the Law of the Republic of Kazakhstan dated 08.01.21 No. 410-VI 7-1) an agreement on dual training; 8) archival certificate containing information about the work activity of the employee; The article is supplemented by subparagraph 9 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 9) a court decision that has entered into legal force on the establishment of a legal fact confirming the existence of an employment relationship. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 6, 2019 to the question dated November 24, 2019 No. 582134 (dialog.gov.kz) “On documents confirming the labor activity of citizens” Article 36 Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. When concluding an employment contract, a condition on a probationary period may be established in the employment contract in order to verify the compliance of the employee's qualifications with the assigned work. The probationary period starts from the date of commencement of work specified in the employment contract. 2. The trial period is included in the length of service of the employee and may not exceed three months. For heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices of organizations, the trial period may be extended to six months. 3. The trial period is suspended for the period when the employee was actually absent from work. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 See amendments to Article 37 - Law of the Republic of Kazakhstan dated 01.07.21 No. 61-VII (shall be enforced ten calendar days after the day of its first official publication ) Article 37 Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 1. If the result of the work of the employee during the probationary period is negative, the employer has the right to terminate the employment contract with him by submitting a notice to him indicating the reasons that served as the basis for terminating the employment contract. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. If the probation period has expired and the employer has not notified the termination of the employment contract, then the employee is considered to have passed the probationary period. Article 38. Transfer of an employee to another job 1. The transfer of an employee to another job is: 1) a change in the work (labor function) of an employee, that is, the performance of work in a different position, specialty, profession, qualification; 2) assignment of other work, in the performance of which working conditions change (wages, working hours and rest periods, benefits and other conditions) stipulated by the employment contract; 3) transfer to a separate structural subdivision of the employer; 4) transfer to another locality together with the employer. 2. The transfer of an employee to another job is allowed with the consent of the employee, formalized by making appropriate changes to the employment contract and the act of the employer, except for the cases provided for by this Code. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 3, 2021 to the question dated June 21, 2021 No. 691708 (dialog.egov.kz) “An employee’s refusal to be transferred to another city cannot serve as a basis for terminating an employment contract under article 58 TC RK" 3. It is not allowed to transfer an employee to another job if there are contraindications for the employee for health reasons, confirmed by a medical report. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Article 39. Transfer of an employee to another locality together with the employer Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 1. The employer is obliged to notify the employee of the upcoming relocation of the employer to another area no later than one month, unless labor, collective agreements provide for a longer notice period. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. In the event of a written refusal of the employee to transfer to another locality together with the employer or if there is an act certifying the employee’s refusal to submit a written refusal to transfer to another locality together with the employer, the employment contract with the employee is terminated on the grounds provided for in subparagraph 1) of paragraph 1 Article 58 of this Code. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 40 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 40. Secondment of an employee Paragraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 1. The secondment of an employee means the performance by an employee (seconded) of work in a certain specialty, qualification or position (labor function) stipulated by an employment contract, or in another position, specialty, qualification from another legal entity (including its branches, representative offices and (or) other separate structural subdivisions), as well as in branches, representative offices and (or) other separate structural subdivisions of the same legal entity, except for the restrictions provided for by the legislation of the Republic of Kazakhstan. For the purposes of this article, the receiving party means the legal entities specified in part three of this paragraph. In order to ensure the fulfillment of certain tasks, secondment of employees to the following host countries is allowed: 1) to a legal entity (its branches, representative offices and (or) other separate structural subdivisions) that is the founder, participant or shareholder of the employer, as well as which indirectly owns shares (stakes in the authorized capital) of the legal entity - employer; 2) to a legal entity (its branches, representative offices and (or) other separate structural divisions), whose shares (stakes in the authorized capital) are directly or indirectly owned by the legal entity - employer; 3) in a legal entity (its branches, representative offices and (or) other separate structural divisions), shares (stakes in the authorized capital) in which directly or indirectly belong to persons who directly or indirectly own shares (stakes in the authorized capital) of the legal employer person. 2. The conditions, procedure, term for seconding an employee, the list of positions and the number of seconded workers are determined by an agreement between legal entities in accordance with the civil legislation of the Republic of Kazakhstan, depending on the purposes of secondment. If more than ten percent of the average number of employees per year is seconded to a legal entity (including its branches, representative offices and (or) other separate structural subdivisions), it is necessary to coordinate secondment with representatives of employees of the host country. 3. The seconded employee retains the place of work (position) with the employer who carries out the secondment. 4. Secondment is allowed only with the written consent of the parties to the employment contract by signing an additional agreement to the employment contract indicating the place of work for the period of secondment. At the end of the secondment period, if the employment contract is continued, the employer undertakes to provide the employee with the place of work (position) that the employee occupied before secondment. 5. For the period of secondment, the employee is subject to the regime of working time and rest time of the receiving party, with the exception of the duration and procedure for granting annual paid leave. 6. In case of violation of labor discipline by the seconded worker, the receiving party, within three working days from the date of discovery of this fact, notifies the employer of the seconded worker with the submission of supporting documents to make a decision on bringing him to disciplinary responsibility in accordance with the labor legislation of the Republic of Kazakhstan. 7. In the event of an accident that occurred with a seconded worker, the organization of the investigation of an accident related to labor activity is entrusted to the receiving party with the participation of a representative of the employer. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 8. Secondment is not allowed for the purposes of: 1) replacement of employees of the host country who refused to perform work in cases and in the manner established by the labor legislation of the Republic of Kazakhstan; 2) performance of work in case of downtime (temporary suspension of work by the receiving party), bankruptcy proceedings by the receiving party, introduction by the receiving party of part- time work in order to save jobs in case of the threat of dismissal of employees. Article 41. Temporary transfer to another job in case of production necessity In the event of a production need, including temporary replacement of an absent employee, the employer has the right to transfer the employee without his consent for up to three months during the calendar year to another job not stipulated by the employment contract and not contraindicated for health reasons in the same organization, in the same locality or to a structural subdivision of the employer located in another locality, with wages for the work performed, but not lower than the average wage for the previous job. In the event of a temporary transfer to a structural subdivision of the employer located in another locality, the employee is paid compensation in the amount provided for in Article 127 of this Code. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 27, 2021 to the question dated May 13, 2021 No. 684521 (dialog.egov.kz) “The transfer of an accountant to the position of a cleaning lady does not apply to production necessity” Article 42. Temporary transfer to another job in case of downtime 1. In case of downtime , the employer has the right to transfer the employee without his consent for the entire period of downtime to another job that is not contraindicated for health reasons. 2. In case of temporary transfer to another job in case of downtime, the employee is paid according to the work performed. Article 43 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 43. Temporary transfer to another job for health reasons 1. In connection with an industrial injury, occupational disease or other damage to health received in connection with the performance of labor duties, or other damage to health not related to production, on the basis of a medical report, the employer is obliged until the restoration of working capacity or the establishment of disability or the establishment of loss of professional ability to work temporarily transfer the employee to another job that is not contraindicated for health reasons or release him from work on the terms specified in the labor, collective agreements, act of the employer. 2. In the event of a written refusal of the employee to temporarily transfer to another job that is not contraindicated for health reasons, or if there is an act certifying the employee’s refusal to submit a written refusal to temporarily transfer on such grounds, the employment contract with the employee is terminated on the grounds provided for in subparagraph 3) of paragraph 1 article 58 of this Code. Article 44 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 44. Temporary transfer to another job of pregnant women Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 An employer, on the basis of a medical report, is obliged to transfer a pregnant woman to another job that excludes the impact of harmful and (or) dangerous production factors, with payment for the work performed, but not lower than the average salary for the previous job. The employer is obliged to temporarily transfer a pregnant woman working on a rotational basis, on the basis of a certificate of pregnancy for a period of twelve or more weeks, to a five-day or six-day working week with pay for the work performed, but not lower than the average wage for the previous job. Until a pregnant woman is provided with another job, she is subject to release from work with the preservation of the average wage. If a pregnant woman refuses to be transferred to another job offered by the employer, she is subject to release from performing contraindicated work without pay until she is granted maternity leave. Article 45. Moving an employee to another workplace. Changing the name of the position (work) Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. The consent of the employee is not required to move him to another workplace or to another structural unit in the same locality, or to entrust work on another mechanism or unit within the position, specialty, profession, qualification and with the preservation of the amount and conditions of remuneration stipulated by the employment contract . 2. Changing the name of the position (job) of an employee, structural subdivision, changing the management structure, which do not entail changes in working conditions for the employee, may be carried out by the employer without the consent of the employee. Article 46. Change of working conditions 1. In connection with changes in the organization of production associated with the reorganization or change in economic, technological conditions, conditions of labor organization and (or) a reduction in the scope of work for the employer, it is allowed to change the working conditions of the employee while continuing to work in accordance with his specialty or profession, relevant qualifications. When working conditions change, appropriate additions and changes are made to the employment contract. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 25, 2021 to the question dated April 27, 2021 No. 681888 (dialog.egov.kz) “On the reduction of wages in accordance with Art. 46 of the Labor Code of the Republic of Kazakhstan", Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 26, 2021 to the question dated May 11, 2021 No. 683990 (dialog.egov.kz) to terminate the employment contract”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 29, 2021 to the question dated November 3, 2021 No. 712857 (dialog.egov.kz) “On changing the working conditions of an employee related to changes in economic and technological conditions at the employer" Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 2. The employer is obliged to notify the employee of a change in working conditions that occurred for the reasons specified in paragraph 1 of this article, no later than fifteen calendar days, unless labor, collective agreements provide for a longer notice period. Paragraph 3 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3. In the event of a written refusal of the employee to continue working due to a change in working conditions or if there is an act certifying the employee’s refusal to submit a written refusal to continue working in connection with a change in working conditions, the employment contract with the employee is terminated on the grounds provided for in subparagraph 2) paragraph 1 of Article 58 of this Code. In the event that the circumstances specified in paragraph 1 of this article may lead to a reduction in the number or staff of employees, the employer, in order to save jobs, has the right to introduce a part-time regime. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 18, 2019 No. 362073 (enbek.gov.kz) “Regarding changes in working conditions of workers during their temporary disability”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 3, 2021 of the year to the question of June 21, 2021 No. 691708 (dialog.egov.kz) “An employee’s refusal to transfer to another city cannot serve as a basis for terminating an employment contract under Article 58 of the Labor Code of the Republic of Kazakhstan” Article 47 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 47 In cases of a change in the name, departmental affiliation of the employer, a change in the ownership of shares (stakes in the authorized capital) of a legal entity, reorganization of the employer - a legal entity, labor relations with employees continue without changes. Article 48. Suspension from work Paragraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 1. In cases provided for by the laws of the Republic of Kazakhstan, the employer or the host are obliged to remove the employee , employee of the sending party from work on the basis of acts of the relevant authorized state bodies. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 22, 2020 to the question dated May 12, 2020 No. 615244 (dialog.egov.kz) “On the removal of an employee from work, with whom the employer has not concluded an agreement on full liability” , Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 7, 2021 to the question dated June 28, 2021 No. 693090 (dialog.egov.kz) “The employer does not have the right to dismiss an employee in connection with the refusal to vaccinate”, Resolution of the Chief State Sanitary Doctor Republic of Kazakhstan dated September 2, 2021 No. 38 "On further strengthening measures to prevent coronavirus infection among the population of the Republic of Kazakhstan" Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 2. Except as provided in paragraph 1 of this article, the employer or host are obliged to remove from work an employee , an employee of the sending party : 1) who is at work in a state of alcoholic, narcotic, substance abuse intoxication (their analogues) or who has used substances during the working day that cause such intoxication; 2) who has not passed examinations to test knowledge on safety and labor protection or industrial safety; 3) not using personal and (or) collective protective equipment provided by the employer or the host ; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 4) who has not passed a medical examination or a pre-shift medical examination, if they are mandatory in accordance with the legislation of the Republic of Kazakhstan; Subparagraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5) in case of deprivation of the right of an employee , an employee of the sending party to drive a vehicle or other permits necessary to perform work stipulated by an employment contract; Subparagraph 6 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 6) if his actions or omissions caused or could have caused serious consequences for his life and health, including other employees, industrial injuries and accidents, violation of labor protection, fire safety or traffic safety rules. Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 3. The employer or the receiving party has the right to suspend from work an employee , an employee of the sending party , who did not ensure the safety of property and other valuables transferred to the employee , an employee of the sending party on the basis of a written agreement on assuming full financial responsibility. Paragraph 4 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); Law of the Republic of Kazakhstan No. 386-VI dated 19.12.20 ( see previous edition ) 4. For the period of suspension from work, the employee , employee of the sending party is not retained wages and is not paid at the expense of the employer or the host party social benefits for temporary disability. Paragraph 5 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 5. The removal of an employee , an employee of the sending party from work is carried out by an act of the employer or an act of the receiving party for a period until the clarification and (or) elimination of the reasons that served as the basis for the removal. Paragraph 6 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 6. Wages, social benefits for temporary disability and other payments provided for by the regulatory legal acts of the Republic of Kazakhstan, labor, collective agreements, acts of the employer or the act of the host party , are retained by the employee , the employee of the sending party in case of their illegal removal by the employer or the host party from work. Article 49. Grounds for termination of an employment contract The grounds for termination of an employment contract are: 1) termination of the employment contract by agreement of the parties; 2) expiration of the employment contract; 3) termination of the employment contract at the initiative of the employer; 4) in connection with the transfer of an employee to another employer; 5) termination of the employment contract at the initiative of the employee; 6) circumstances beyond the control of the parties; 7) the employee's refusal to continue the employment relationship; 8) transfer of an employee to an elective job (position) or his appointment to a position that excludes the possibility of continuing labor relations, except for cases provided for by the laws of the Republic of Kazakhstan; 9) violation of the conditions for concluding an employment contract. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 50. Procedure for terminating an employment contract by agreement of the parties 1. An employment contract may be terminated by agreement of the parties. 2. A party to an employment contract that has expressed a desire to terminate the employment contract by agreement of the parties shall send a notification to the other party to the employment contract. The party that received the notification is obliged to inform the other party in writing about the decision taken within three working days. The date of termination of the employment contract by agreement of the parties is determined by agreement between the employee and the employer. 3. Excluded in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 12, 2020 to the question dated May 29, 2020 No. 620174 (dialog.egov.kz) “Regarding the termination of the employment contract under paragraph 3 of Art. 50 of the Labor Code of the Republic of Kazakhstan”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 26, 2020 to the question dated November 12, 2020 No. 652013 (dialog.egov.kz) before the adoption of Law No. 321-VI of May 4, 2020, is not a violation of the law” Article 51 1. An employment contract concluded for a fixed period is terminated due to the expiration of its term. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. If on the expiration date of the employment contract concluded for a fixed period of at least one year, a pregnant woman submits a certificate of pregnancy for a period of twelve or more weeks, as well as an employee who has a child under the age of three years who has adopted (adopted) a child and who wished to use their right to leave without pay to care for a child, submit a written application for an extension of the term of the employment contract, except in cases of replacing a temporarily absent employee, the employer is obliged to extend the term of the employment contract until the end of the parental leave. 3. The date of expiry of the term of the employment contract concluded for the period of performance of a certain work is the day of completion of the work. Paragraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. The date of expiration of the term of the employment contract concluded for the period of replacement of a temporarily absent employee is the day of the employee's return to work, who retained the place of work (position), or the date of termination of the employment contract with the employee, who retained the place of work (position). See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes”, Answer of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs dated October 28, 2020 to the question dated October 15, 2020 No. 647181 (dialog.gov.kz) “Regarding the dismissal of a civil servant who went on maternity leave, accepted for the duration of the study leave of the main employee”, Answer of the Minister of Labor and Social Protection Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 of the Population of the Republic of Kazakhstan dated October 13, 2021 to the question dated October 8, 2021 No. 708964 ( dialog.egov.kz) “On termination of the employment contract with a temporary employee on maternity leave due to the departure of the main employee” Article 52. Grounds for termination of an employment contract at the initiative of the employer 1. An employment contract with an employee at the initiative of the employer may be terminated in the following cases: 1) liquidation of the employer - a legal entity or termination of the activities of the employer - an individual; 2) reduction in the number or staff of employees; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” 3) a decrease in the volume of production, work performed and services rendered, which led to a deterioration in the economic condition of the employer; See: Letter of the General Prosecutor’s Office dated January 19, 2016 No. 2-010721-16-03143 “The possibility of applying the norms (which were absent in the previous Labor Code) to labor relations that arose before the entry into force of the Code”, Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 "On some issues of the application of legislation by the courts in resolving labor disputes" 4) non-compliance of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” The paragraph was supplemented by subparagraph 4-1 in accordance with the Law of the Republic of Kazakhstan dated 02.01.21 No. 405-VI 4-1) non-compliance of the employee with the requirements for professional activity established by the laws of the Republic of Kazakhstan; Subparagraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5) repeated failure to pass the knowledge test on safety and labor protection or industrial safety by the employee, manager and the person responsible for ensuring labor safety and protection; The paragraph was supplemented by subparagraph 5-1 in accordance with the Law of the Republic of Kazakhstan dated 10.01.18 No. 134-VI (introduced on July 13, 2018) 5-1) deprivation of the certificate of qualification "appraiser"; 6) inconsistency of the employee with the position held or work performed due to a state of health that prevents the continuation of this work and excludes the possibility of its continuation; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by the courts in resolving labor disputes”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated January 28, 2020 to the question dated January 15, 2020 No. 589836 (dialog.gov.kz) “On termination of an employment contract with an employee due to a health condition that prevents the normal performance of work”, Answer of the Minister of Health of the Republic of Kazakhstan dated February 11, 2021 to question No. 663367 dated January 22, 2021 (dialog.egov.kz) “How an examination of the professional suitability of an employee is carried out”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 29, 2021 to the question dated March 17, 2021 No. due to the state of health, a medical certificate is required on the degree of loss of professional ability to work”, Reply of the Minister of Labor and social protection of the population of the Republic of Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Kazakhstan dated May 13, 2021 to the question dated May 4, 2021 No. 682980 (dialog.egov.kz) “On termination of an employment contract with an employee on the basis of a certificate of disability” 7) a negative result of work during the probationary period; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” 8) the absence of an employee from work without a valid reason for three or more hours in a row in one working day (work shift); See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” 9) the employee is at work in a state of alcoholic, narcotic, psychotropic, toxicomanic intoxication (their analogues), including in cases of using during the working day substances that cause the state of alcoholic, narcotic, toxicomaniacal intoxication (their analogues); See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 4, 2020 to the question dated March 3, 2020 No. 598687 (dialog.gov.kz) “On the suspension from work of a person who is intoxicated with alcohol, if he refuses to undergo a medical examination”, Answer of the Minister of Health of the Republic of Kazakhstan dated February 4, 2021 to the question dated January 21, 2021 No. 663034 (dialog. egov.kz) “For other organizations (not law enforcement), the form of referral for a medical examination to establish the state of intoxication remains arbitrary” Subparagraph 10 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 10) refusal to undergo a medical examination to establish the fact of the use of substances that cause a state of alcoholic, narcotic, substance abuse; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 7, 2021 to the question dated June 28, 2021 No. 693090 (dialog.egov.kz) “An employer does not have the right to dismiss an employee due to refusal to vaccinate” Subparagraph 11 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20, No. 321-VI ( see previous edition ) 11) violation by the employee of the rules of labor protection or fire safety or traffic safety in transport, which caused or could cause serious consequences for the life and health of workers, including industrial injuries and accidents; 12) committing by an employee at the place of work theft (including small) of another's property, its deliberate destruction or damage, established by a verdict or court order that has entered into legal force; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Subparagraph 13 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 13) the commission of guilty actions or inaction of an employee servicing monetary or commodity values, as well as using his official position in his own interests or in the interests of a third party contrary to the interests of the employer in return for obtaining material or other benefits for himself or other persons, if these actions or inaction give reasons for the loss of confidence in him on the part of the employer; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Kazakhstan dated November 13, 2020 to a question dated November 11, 2020 No. 651812 (dialog.egov.kz) “On termination of the employment contract due to loss of confidence in the employee”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 19, 2021 to the question dated March 5, 2021 No. 672123 (dialog.egov. kz) “The termination of the employment contract on the basis of loss of confidence in the employee is carried out without observing the terms and procedure for applying a disciplinary sanction”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 27, 2021 to the question dated December 21, 2021 No. 719880 (dialog.egov .kz) “The legislation does not provide for the obligatory existence of a court decision or sentence when terminating an employment contract on the basis of Art. 52 h. 1 p. 13 of the Labor Code of the Republic of Kazakhstan " 14) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” 15) disclosure by an employee of information constituting state secrets and other secrets protected by law, which became known to him in connection with the performance of labor duties; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 16, 2021 to the question dated June 11, 2021 No. 690105 (dialog.egov.kz) “The absence of a reference in the order to paragraph 4. paragraph 1 of Art. 64 of the Labor Code of the Republic of Kazakhstan, upon termination of the employment contract, will not be a violation on the part of the employer " 16) repeated failure to perform or repeated improper performance without good reason of labor duties by an employee who has a disciplinary sanction; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” 17) submission by the employee to the employer of knowingly false documents or information when concluding an employment contract or transferring to another job, if original documents or information could be grounds for refusing to conclude an employment contract or transfer to another job; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 8, 2019 No. 362385 (enbek.gov.kz) “The employment contract at the initiative of the employer can be terminated if a disabled employee submits knowingly false documents or information when concluding an employment contract” , Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 15, 2021 to the question dated May 31, 2021 No. 687908 (dialog.egov.kz) “On the submission of a certificate on the presence or absence of information on the commission of a corruption crime when a person enters work in the subjects quasi-public sector" Subparagraph 18 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 18) violation of labor duties by the head of the executive body of the employer, his deputy or the head of the branch, representative office and (or) other separate structural unit of the employer, determined by the act of the employer, which caused material damage to the employer; 19) termination of the employee's access to state secrets in cases established by the laws of the Republic of Kazakhstan; 20) the employee's absence from work for more than two consecutive months due to temporary disability, except when the employee is on maternity leave, and also if the disease is included in the list of diseases for which a longer period of disability is established, approved by the authorized state body in the field of healthcare . Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 For an employee who lost his ability to work due to an industrial injury or an occupational disease, the place of work (position) is retained until the restoration of his ability to work or the establishment of disability; 21) commission by an employee of a corruption offense , which excludes, in accordance with a judicial act that has entered into force, the possibility of further work, except for cases expressly provided for by the laws of the Republic of Kazakhstan; 22) continuation by the employee of participation in the strike after bringing to his attention the decision of the court on the recognition of the strike as illegal or on the suspension of the strike; Subparagraph 23 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 23) early termination of the powers of the head of the executive body, members of the collegial executive body of a legal entity or the powers of an individual member of the executive body of a legal entity, as well as in accordance with the Law of the Republic of Kazakhstan "On Joint Stock Companies" employees of the internal audit service and the corporate secretary by decision of the founder, owner of the property a legal entity or authorized by the founder, owner of a person (body) or an authorized body of a legal entity; Subparagraph 24 was amended in accordance with the Law of the Republic of Kazakhstan dated 06.04.16, No. 483-V ( see previous edition ) 24) the employee reaches the retirement age, established by paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan", with the right to annually extend the term of the employment contract by mutual agreement of the parties; See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” 25) the absence of an employee from work for more than one month for reasons unknown to the employer. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 13, 2021 to the question dated July 2, 2021 No. 693820 (dialog.egov.kz) “On termination of an employment contract due to the absence of an employee from work for more than one month for reasons unknown to the employer” The article is supplemented by paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan dated 30.12.20 No. 393-VI 1-1. An employment contract with an employee at the initiative of the employer is subject to termination in the following cases: 1) the presence of citizenship of a foreign state in the head, his deputy, a member of the collegial management body of a subject of the quasi-public sector - a citizen of the Republic of Kazakhstan; corruption crime by an employee of the quasi-public sector . 2. An employment contract for part-time work may be terminated at the initiative of the employer in the event of the conclusion of an employment contract with an employee for whom this work will be the main one. Article 53. Procedure for termination of an employment contract at the initiative of the employer Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1. When terminating an employment contract on the grounds provided for in subparagraphs 1) and 2) of paragraph 1 of Article 52 of this Code, the employer is obliged to notify the employee of the termination of the employment contract at least one month in advance, unless a longer notice period is provided for in the labor, collective agreements . With the written consent of the employee, termination of the employment contract may be made before the expiration of the notice period. It is not allowed to terminate an employment contract with employees before reaching the retirement age established by the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan", which is less than two years old, on the grounds provided for in subparagraphs 2) and 4) of paragraph 1 of Article 52 of this Code, without the presence of a positive decision of the commission, created from an equal number of representatives from the employer and employees. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 2. When terminating an employment contract on the grounds provided for in subparagraph 3) of paragraph 1 of Article 52 of this Code, the employer is obliged to notify employees of the termination of the employment contract fifteen working days in advance, unless a longer notice period is provided for in labor, collective agreements. By agreement of the parties, the notice period may be replaced by the payment of wages proportional to the unworked period. In the notice, the employer is obliged to indicate the reasons that served as the basis for terminating the employment contract. Termination of the employment contract on this basis is possible subject to the following conditions: 1) closing of a structural subdivision (workshop, site); 2) the inability to transfer the employee to another job; Subparagraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 3) notification of employees' representatives at least one month in advance, indicating the reasons that served as the basis for terminating the employment contract (the presence of a direct connection between the employer's economic changes and the need to terminate the employment contract). 3. Termination of an employment contract on the grounds provided for in subparagraph 4) of paragraph 1 of Article 52 of this Code must be based on the decision of the attestation commission, which should include a representative of employees, unless otherwise established by the laws of the Republic of Kazakhstan. The procedure, conditions and frequency of certification of employees are determined by a collective agreement or an act of the employer. 4. Termination of an employment contract on the grounds provided for in subparagraph 5) of paragraph 1 of Article 52 of this Code must be based on the decision of the examination commission, created in the manner established by the legislation of the Republic of Kazakhstan. 5. To terminate the employment contract on the grounds provided for in subparagraph 6) of paragraph 1 of Article 52 of this Code, the employee’s inconsistency with the position held or work performed due to a health condition that prevents the continuation of this work must be confirmed by a medical certificate in the manner established by the legislation of the Republic of Kazakhstan. See: Response of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 20, 2020 to question No. 593865 dated February 7, 2020 (dialog.gov.kz) the right to terminate the employment contract Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Paragraph 6 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 6. Termination of an employment contract on the grounds provided for in subparagraphs 8), 9), 10), 11), 12), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code, is carried out in compliance with the procedure application of the disciplinary sanction provided for in Article 65 and the requirements of Article 66 of this Code. Paragraph 7 was amended in accordance with the Law of the Republic of Kazakhstan dated 02.07.18 No. 165-VI ( see previous edition ); Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 7. Termination of an employment contract on the grounds provided for in subparagraph 9) of paragraph 1 of Article 52 of this Code must be confirmed by a medical report. The decision to send an employee for a medical examination is made by the representative of the employer. The article was supplemented by paragraph 7-1 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 7-1. Termination of an employment contract on the grounds provided for by subparagraph 10) of paragraph 1 of Article 52 of this Code must be confirmed by an act on the employee's refusal to undergo a medical examination. The article was supplemented by paragraph 7-2 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 7-2. Termination of an employment contract on the grounds provided for in subparagraph 13) of paragraph 1 of Article 52 of this Code must be confirmed by an internal investigation report indicating in it the justifications confirming the commission of guilty actions or inaction by the employee. The procedure for an internal investigation is established by an act of the employer. Paragraph 8 was amended in accordance with the Law of the Republic of Kazakhstan dated 02.07.18 No. 165-VI ( see previous edition ); set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see from the tar. edition ) 8. Termination of an employment contract on the grounds provided for in subparagraph 20) of paragraph 1 of Article 52 of this Code is allowed after the employee presents a temporary disability certificate. Paragraph 9 was amended in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016, No. 483-V ( see previous edition ); set out in the wording of the Law of the Republic of Kazakhstan dated 16.04.18, No. 147-VI ( see previous edition ) 9. Termination of the employment contract on the grounds provided for in subparagraph 24) of paragraph 1 of Article 52 of this Code is allowed upon reaching the retirement age by the employee, established by paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan", with notification of the employee after he reaches the retirement age . age at least one month before the date of termination of the employment contract and payment of compensation in the amount determined by labor, collective agreements and (or) the act of the employer. Paragraph 10 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 10. Termination of an employment contract on the grounds provided for in subparagraph 25) of paragraph 1 of Article 52 of this Code is allowed if the employee fails to provide information on the reasons for absence within ten calendar days from the date the employer sends the employee an act of absence by registered mail with notification of its delivery. The article is supplemented by paragraph 11 in accordance with the Law of the Republic of Kazakhstan dated 30.12.20 No. 393-VI Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 11. Termination of the employment contract on the grounds provided for in subparagraph 1) of paragraph 1-1 of Article 52 of this Code is carried out on the basis of the presentation of the internal affairs bodies of the Republic of Kazakhstan or the diplomatic service of the Republic of Kazakhstan. The article was supplemented by paragraph 12 in accordance with the Law of the Republic of Kazakhstan dated 30.12.20 No. 393-VI 12. Termination of an employment contract on the grounds provided for in subparagraph 2) of paragraph 1-1 of Article 52 of this Code is carried out on the basis of: 1) a court conviction that has entered into legal force for committing a corruption crime; 2) a court decision that has entered into force or a decision of the criminal prosecution body approved by the prosecutor to terminate the criminal case on the basis of paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan . Article 54 Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated December 30, 20, No. 393-VI ( see previous edition ) 1. It is not allowed to terminate the employment contract at the initiative of the employer during the period of temporary disability and the employee is on vacation, except for the cases provided for in subparagraphs 1), 18), 20) and 23) of paragraph 1, paragraph 1-1 of Article 52 of this Code. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 22, 2020 to the question dated October 13, 2020 No. 646577 (dialog.egov.kz) “The employment contract can be terminated with the head of the executive body during the period of temporary disability and vacation ”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 4, 2021 to the question dated February 25, 2021 No. 670494 (dialog.egov.kz) “The employer should study the provisions of industry and regional agreements regarding the existence of possible restrictions on the reduction of certain groups of workers , because pp. 1) paragraph 2 of Art. 23 of the Code establishes the obligation of the employer to comply with the requirements of the labor legislation of the Republic of Kazakhstan, agreements, collective, labor contracts, acts issued by him" 2. Termination of an employment contract at the initiative of the employer on the grounds provided for in subparagraphs 2) and 3) of paragraph 1 of Article 52 of this Code is not allowed with pregnant women who have provided the employer with a certificate of pregnancy, women with children under the age of three years, single mothers , raising a child under the age of fourteen (a disabled child under eighteen), other persons raising the specified category of children without a mother. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated April 5, 2021 to the question dated March 18, 2021 No. 674450 (dialog.egov.kz) “Women who raise a child (children) without a father, regardless whether she was previously married" Article 55 Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. An employment contract with an employee is terminated due to his transfer to another legal entity: 1) more than fifty percent of the shares (stakes in the authorized capital) of which are directly or indirectly owned by the employer with whom the employment contract is terminated; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2) who directly or indirectly owns more than fifty percent of the shares (stakes in the authorized capital) of the employer with whom the employment contract is terminated; 3) more than fifty percent of the shares (stakes in the authorized capital) of the specified legal entity and the employer with whom the employment contract is terminated belong to the same legal entity. The article is supplemented by paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 1-1. An employment contract with a civil servant is terminated in connection with his transfer to work in another state institution, state-owned enterprise in the event that the requirement of paragraph 8 of Article 139 of this Code is met. 2. The grounds for termination of the employment contract are a written application of the employee and a written confirmation of the consent of employment by another legal entity. The date of termination of the employment contract is determined by agreement of the parties. Article 56. Procedure for termination of an employment contract at the initiative of an employee Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 1. The employee has the right to terminate the employment contract on his own initiative by notifying the employer of this at least one month in advance, except for the cases provided for in paragraph 3 of this article. In the employment contract, it is allowed to establish a longer period for the employee to notify the employer of the termination of the employment contract. 2. The employment contract at the initiative of the employee may be terminated before the expiration of the notice period provided for in paragraph 1 of this article, with the written consent of the employer. Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 3. The employee has the right to notify the employer of the employer's failure to comply with the terms of the employment contract. If, after seven working days from the date of notification, the employer continues to fail to fulfill the terms of the employment contract, the employee has the right to terminate the employment contract by notifying the employer no later than three working days in advance. Paragraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. During the notice period provided for by this article, the notice may be withdrawn by the employee. 5. After the expiration of the notice period specified in this article, the employee has the right to stop work, except for cases of non-completion of the acceptance and transfer of property (documentation) of the employer through 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. Article 57. Grounds for termination of an employment contract due to circumstances beyond the control of the parties 1. An employment contract is subject to termination due to the following circumstances beyond the control of the parties: Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Subparagraph 1 is set out in the wording of Article 204 (effective from January 1, 2017) ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1) when the local executive bodies revoke the permit to attract foreign labor or the expiration of the residence permit of a foreigner in the Republic of Kazakhstan; 2) upon entry into force of a court judgment by which the employee or employer - an individual is sentenced to punishment, excluding the possibility of continuing the employment relationship; 3) in the event of the death of an employee or employer - an individual, as well as in the event that an employee or employer - an individual is declared dead or missing by a court ; 4) if the court recognizes the employee as incapable or partially incapacitated, as a result of which the employee does not have the opportunity to continue labor relations; 5) in case of reinstatement at work of an employee who previously performed this work; Subparagraph 6 is set out in the wording of the Law of the Republic of Kazakhstan dated 13.06.17, No. 69-VI ( see previous edition ); Law of the Republic of Kazakhstan No. 321-VI dated 04.05.20 ( see previous edition ) 6) when an employee enters military service under a contract , service in law enforcement and special state bodies from the day the employee presents the relevant document no later than three working days. 2. The date of termination of the employment contract on the grounds specified in subparagraphs 2), 3) and 4) of paragraph 1 of this article is the date of entry into force of the sentence or court decision, the date of death of the employee or employer - an individual. Article 58 1. An employment contract with an employee is subject to termination if the employee refuses to continue the employment relationship in the following cases: 1) the employee's refusal to be transferred to another locality together with the employer; 2) the employee's refusal to continue working due to changes in working conditions; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 3, 2021 to the question dated June 21, 2021 No. 691708 (dialog.egov.kz) “An employee’s refusal to be transferred to another city cannot serve as a basis for terminating an employment contract under article 58 TC RK" 3) the employee's refusal to be temporarily transferred to another job for health reasons upon receipt of an industrial injury, occupational disease or other damage to health not related to production in connection with the performance of work duties. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. Termination of an employment contract is allowed upon written refusal of the employee to continue the employment relationship or if there is an act certifying the employee's refusal to submit a written refusal to continue the employment relationship. 3. It is not allowed to terminate the employment contract on the grounds specified in paragraph 1 of this article during the period of temporary disability of the employee (including pregnancy and childbirth) and vacation. Article 59 An employment contract with an employee is terminated in connection with his transfer to an elective job (position) or appointment to a position, if the laws of the Republic of Kazakhstan establish a ban on holding other paid positions for persons holding such positions. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The grounds are notification by the employee of the employer and the act of election or appointment of the employee to work (position). Article 60 An employment contract is subject to termination due to a violation of the conditions for concluding an employment contract, if this violation excludes the possibility of continuing the employment relationship in the following cases: 1) conclusion of an employment contract for the performance of work that is contraindicated for an employee for health reasons on the basis of a medical report; 2) the conclusion of an employment contract for the performance of work in violation of a judgment or court order that has entered into legal force, by which a person is deprived of the right to occupy certain positions or engage in certain activities; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 7, 2019 No. 363216 (enbek.gov.kz) “On termination of an employment contract due to violation of the conditions of its conclusion” Subparagraph 3 is set out in the wording of article 204 (effective from January 1, 2017) ( see previous edition ) 3) conclusion of an employment contract with foreigners and stateless persons without obtaining, in the prescribed manner, certificates of qualifications for self-employment or permission to attract foreign labor or without observing the restrictions or exemptions established by the laws of the Republic of Kazakhstan; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 29, 2019 to the question dated October 15, 2019 No. 575324 (dialog.gov.kz) “On the removal of a foreign worker from work on the basis of the loss of a residence permit in the Republic of Kazakhstan”, Answer of the Minister of Labor and social protection of the population of the Republic of Kazakhstan dated March 31, 2021 to the question dated March 4, 2021 No. 671823 (dialog.egov.kz) “With the acquisition of citizenship of another country, employees automatically become foreigners, as a result of which the continuation of labor relations with them without obtaining permission local executive body is not allowed" 4) conclusion of an employment contract with a foreign employee of a state body in violation of the requirements established by the regulatory legal acts of the Republic of Kazakhstan; 5) conclusion of an employment contract with the persons specified in paragraph 2 of Article 26 of this Code; 6) in other cases provided for by this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan. Article 61 1. Termination of an employment contract is formalized by an act of the employer, with the exception of termination of the employment contract in the event of death (declaration by the court of death or recognition as missing) of the employer - an individual and termination of the employment contract with domestic workers. 2. The act of the employer must indicate the grounds for termination of the employment contract in accordance with this Code. Paragraph 3 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. A copy of the employer's act on the termination of the employment contract is handed to the employee or sent to him by registered mail with notification of its delivery within three working days from the date of issuance of the employer's act. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 15, 2021 to the question dated July 8, 2021 No. 694610 (dialog.egov.kz) “On determining the date of termination of the employment contract and the last working day” Article 62. Issuance of documents confirming labor activity, as well as other documents related to labor activity 1. On the day of termination of the employment contract, the employer is obliged to issue a document confirming the labor activity of the employee. 2. At the request of an employee (including a former employee), the employer is obliged, within five working days from the date of application, to issue a certificate indicating the specialty (qualification, position), hours of work and wages, a characteristic-recommendation containing information about the qualifications of the employee and his in relation to work, as well as other documents provided for by this Code. 3. In the event of liquidation, bankruptcy of an employer - a legal entity, termination of the activity of an employer - an individual, the employer is obliged, if there is a debt to the employee, to issue a certificate on the amount of arrears in wages and other payments, duly drawn up. Chapter 5. LABOR REGULATION. WORK DISCIPLINE Article 63 1. Labor regulations are approved by the employer. 2. The labor regulations establish working hours and rest periods for employees, conditions for ensuring labor discipline, and other issues of regulating labor relations. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated January 16, 2020 to the question dated January 5, 2020 No. 588284 (dialog.gov.kz) “On amendments and additions to the employment contract in case of making appropriate amendments to the labor regulations » Article 64. Disciplinary penalties Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI ( see previous edition ) 1. For the commission of a disciplinary offense by an employee, the employer or the first head of the national managing holding, in cases provided for by the laws of the Republic of Kazakhstan, has the right to apply the following types of disciplinary sanctions: 1) remark; 2) reprimand; 3) severe reprimand; Subparagraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4) termination of the employment contract at the initiative of the employer on the grounds provided for in subparagraphs 8), 9), 10), 11), 12), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 16, 2021 to the question dated June 11, 2021 No. 690105 (dialog.egov.kz) “The absence of a reference in the order to paragraph 4. paragraph 1 of Art. 64 of the Labor Code of the Republic of Kazakhstan, upon termination of the employment contract, it will not be a violation on the part of the employer”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 26, 2021 to the question dated May 14, Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2021 No. 684657 (dialog.egov.kz) “Is it right the employer to announce a reprimand to the employee, if a remark has not been announced before” 2. The application of disciplinary sanctions not provided for by this Code and other laws of the Republic of Kazakhstan is not allowed. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Article 65. Procedure for the application of disciplinary sanctions Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. A disciplinary sanction is imposed by the employer by issuing an act of the employer, with the exception of cases provided for by the laws of the Republic of Kazakhstan. When imposing a disciplinary sanction by the first head of the national managing holding in cases provided for by the laws of the Republic of Kazakhstan, the provisions of this Article and Article 66 of this Code shall apply. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 01.07.21 No. 61-VII ( see previous edition ) 2. Before applying a disciplinary sanction, the employer is obliged to request an explanation from the employee in writing (on paper or in the form of an electronic document certified by means of an electronic digital signature) or in electronic form, providing authorization, identification of the employee. The requirement to provide an explanation on the fact of a committed disciplinary offense is drawn up in writing (on paper or in the form of an electronic document certified by an electronic digital signature) and is handed to the employee personally or by courier mail, postal service, facsimile, e-mail and other information. - communication technologies with confirmation of receipt of the employer's requirement. In case of evasion or refusal of the employee to receive the demand, the representative of the employer draws up an appropriate act. If the employee does not provide an explanation after two working days from the date of receipt of the demand or drawing up an act of evading or refusing to receive the demand, then the representative of the employer draws up an appropriate act. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. 3. Only one disciplinary sanction may be applied to an employee for each disciplinary offense. 4. The act of the employer on the imposition of a disciplinary sanction on the employee cannot be issued during the period: 1) temporary disability of the employee; 2) release of the employee from work for the period of performance of state or public duties; 3) the employee is on vacation or inter-shift rest; 4) the employee is on a business trip; The paragraph was supplemented by subparagraph 5 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 5) conducting an investigation of an accident related to labor activity in relation to persons who have committed violations of safety and labor protection requirements. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 26, 2019 to the question dated August 13, 2019 No. 562801 (dialog.gov.kz) “On the imposition of a disciplinary sanction on an employee during the period of his suspension from work” Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Paragraph 5 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5. The act of imposing a disciplinary sanction is announced to the employee subjected to disciplinary action against signature within three working days from the date of its issuance. If the employee refuses to confirm with his signature the familiarization with the employer's act, a corresponding entry is made in the act on the imposition of a disciplinary sanction. If it is impossible to familiarize the employee personally with the employer's act on the imposition of a disciplinary sanction, the employer is obliged to send the employee a copy of the act on the imposition of a disciplinary sanction by registered mail with a notification of its delivery within three working days from the date of issuance of the employer's act. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Article 66 1. A disciplinary sanction is imposed on an employee immediately upon discovery of a disciplinary offense, but no later than one month from the date of its discovery, except for the cases provided for in paragraph 4 of Article 65 of this Code and other laws of the Republic of Kazakhstan. In the cases provided for by Article 176 of this Code, disciplinary sanctions are imposed no later than one month from the date of entry into force of the court decision on recognizing the strike as illegal. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated November 26, 2019 No. 273-VI ( see previous edition ) 2. A disciplinary sanction may not be applied later than six months from the date of committing a disciplinary offense, and in cases established by the laws of the Republic of Kazakhstan, or establishing a disciplinary offense based on the results of an audit or audit of the financial and economic activities of the employer - later than one year from the date the employee committed a disciplinary offense . Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated November 26, 2019 No. 273-VI ( see previous edition ) 3. Consideration of the issue of disciplinary liability and the duration of the period for imposing a disciplinary sanction are suspended during the period: 1) absence of an employee from work due to temporary disability; 2) release from work to perform state or public duties; 3) being on vacation, business trip or inter-shift rest; 4) proceedings in a criminal case, a case on an administrative offense, as well as before the entry into force of a judicial act or an act of an official authorized to consider cases of administrative offenses that affects the decision on the issue of disciplinary liability of an employee; 5) the employee is in training, retraining, advanced training courses and internships; 6) appeal by the employee in court of the acts of the employer on the commission of a disciplinary offense by him; The paragraph was supplemented by subparagraph 7 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 7) conducting an investigation of an accident related to labor activity in relation to persons who have committed violations of safety and labor protection requirements. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 22, 2019 to the question dated October 10, 2019 No. 574574 Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 (dialog.gov.kz) “On the suspension of a six-month period from the date of commission of a disciplinary offense in case of temporary disability of an employee” 4. The term of a disciplinary sanction may not exceed six months from the date of its application, with the exception of termination of the employment contract on the grounds provided for by this Code. 5. An employer who has imposed a disciplinary sanction on an employee has the right to remove it ahead of schedule by issuing an act of the employer. Chapter 6. WORKING TIME Article 67. Working time and its types 1. Periods of preparatory and final work (receiving a work order, materials, tools, familiarization with equipment, documentation, preparation and cleaning of the workplace, delivery of finished products, etc.), breaks provided for by technology, labor organization; safety and labor protection rules; the time of presence or waiting for work at the workplace, when the employee does not have free time; duty on holidays and weekends; duty at home, as well as other periods that, in accordance with labor, collective agreements, acts of the employer or regulatory legal acts of the Republic of Kazakhstan, relate to working time. 2. Working hours may be of normal duration, reduced duration and part-time. Article 68. Normal hours of work 1. Normal working hours should not exceed 40 hours per week. 2. An employment contract may provide for a shorter working time with pay as for normal working hours. 3. The total duration of daily work at the place of main work and part-time work should not exceed the norm of the duration of daily work established by paragraph 4 of Article 71 of this Code by more than 4 hours. Article 69. Reduced working hours for certain categories of employees 1. For employees under the age of eighteen, a reduced working time is established: 1) for employees aged fourteen to sixteen years - no more than 24 hours a week; 2) for employees aged sixteen to eighteen years - no more than 36 hours per week. Paragraph 2 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 2. For workers engaged in heavy work, work with harmful and (or) dangerous working conditions, a reduced working time of no more than 36 hours per week is established according to the List of industries, workshops, professions and positions, the list of heavy work, work with harmful and (or) hazardous working conditions. The reduced working hours established by this paragraph shall apply to employees whose work in difficult, harmful and (or) dangerous conditions is confirmed by the results of attestation of production facilities in terms of working conditions. If the employer fails to certify production facilities for working conditions, as well as for jobs that are not subject to certification, the reduced working hours are provided in full according to the List of industries, workshops, professions and positions, the list of heavy work, work with harmful and (or ) dangerous working conditions. Employees of the sending party are provided with reduced working hours based on the results of certification of production facilities for working conditions of the receiving party. See: Rules for the provision of reduced hours of work Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Paragraph 3 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see tar. edition ) 3. Disabled workers of the first and second groups are assigned a reduced working time - no more than 36 hours per week. 4. Remuneration of labor of employees when they establish a reduced working time is made in accordance with this Code. Article 70. Part-time work 1. When concluding an employment contract, as well as in the course of labor relations, under a written agreement between the employee and the employer, the employee may be assigned part- time work. Part-time work is considered time that is less than the normal duration established by this Code, including: 1) part-time work, that is, a decrease in the norm of the duration of daily work (work shift); 2) incomplete working week, that is, a reduction in the number of working days in a working week; 3) a simultaneous reduction in the norm of the duration of daily work (work shift) and a reduction in the number of working days in a working week. 2. Part-time work does not entail restrictions for the employee on the duration of paid annual leave, calculation of work experience and other rights in the field of labor established by this Code, labor, collective contracts, agreements. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated September 24, 2019 363374 (enbek.gov.kz) “On the calculation of vacation days when working part-time” Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. An employer, upon a written application of a pregnant woman, one of the parents (adoptive parent), having a child (children) under the age of three years, as well as an employee caring for a sick family member in accordance with a medical report, is obliged to establish for them a regime of part-time working time. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 30, 2021 to the question dated July 16, 2021 No. 695920 (dialog.egov.kz) in extra care" Article 71. Working hours 1. A five-day work week with two days off is established for employees. With a five-day working week, the duration of daily work (shift) is determined by the act of the employer, taking into account the specifics of the work and in compliance with the established length of the working week. 2. In organizations where the introduction of a five-day working week is impractical due to the nature of production and working conditions, a six-day working week with one day off is established. 3. A five-day or six-day working week is established by the employer in accordance with the terms of the labor and collective agreements or the act of the employer. 4. The duration of daily work cannot exceed 8 hours, except for the cases provided for by this Code and other laws of the Republic of Kazakhstan. 5. The duration of daily work (work shift), the start and end time of daily work (work shift), the time of breaks in work are determined in compliance with the conditions established by the labor regulations, labor and collective agreements. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 6. For creative workers of professional organizations of art and cultural leisure, media workers, athletes, coaches, a different duration of daily work (work shift) may be established in accordance with the labor legislation of the Republic of Kazakhstan, acts of the employer, collective or labor contracts. Article 72. Division of daily work (work shift) into parts 1. The division of daily work (work shift) into parts is allowed: 1) at work with different intensity of work; 2) at the initiative of the employee, if this is related to his social and other personal needs. 2. When dividing the daily work (work shift) into parts, the total duration of the working time must not exceed the established duration of the daily work (work shift). 3. The types of work where the daily work (work shift) is divided into parts, the number and duration of breaks in work, as well as the types and amounts of compensation payments to employees for work with such conditions are determined by labor and collective agreements. Breaks related to the division of daily work (work shift) into parts are provided for rest of employees and do not apply to working time. Article 73. Shift work 1. Shift work may be established in cases where the duration of the production process exceeds the allowable duration of daily work. 2. When working in shifts, the duration of a work shift, the transition from one work shift to another are established by shift schedules. 3. Shift schedules are brought to the attention of employees by the employer no later than ten calendar days prior to their entry into force. 4. Engaging an employee to work for two work shifts in a row is prohibited. See: Letter of the Ministry of Health and Social Development of the Republic of Kazakhstan dated May 3, 2016 No. ZhT-K-1988 “Payment on holidays and weekends with a shift work schedule” Article 74. Work in the regime of flexible working hours Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 07/01/21 No. 61-VII ( see previous edition ) 1. For employees, including those employed at remote work, a flexible working time regime may be established in order to combine their social, domestic and other personal needs with the interests of production. 2. Under the flexible working time regime, the following are established: 1) fixed working hours; 2) flexible (variable) working hours, during which the employee has the right to perform labor duties at his own discretion; 3) accounting period. 3. The accounting period for flexible working hours is the period within which the average working hours established for this category of employees must be observed. 4. The accounting period for flexible working hours cannot exceed six months. 5. The duration of daily work (shift) and (or) weekly work in the flexible working hours may be more or less than the norm of daily and (or) weekly working hours. 6. The duration of fixed working hours, flexible (variable) working hours, the accounting period in the flexible working hours regime are established by the act of the employer, labor or collective agreements. Article 75 Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1. Summarized accounting of working time is used in continuously operating industries, workshops, sections and in some types of work, where, due to the conditions of production (work), the daily or weekly working hours established for this category of workers cannot be observed. 2. The accounting period in the case of the summarized accounting of working time is the period within which the average daily and (or) weekly working time norm established for this category of employees must be observed. 3. The accounting period for the summarized accounting of working time can be any calendar period, but not more than one year or the period of performance of certain work. 4. When establishing the summarized accounting of working time, it is obligatory to observe the duration of the employee's rest between the end of work and its beginning on the next working day (work shift). 5. The order of work in case of summarized accounting of working hours, categories of employees for whom the summarized accounting of working hours is established are determined by a collective agreement or an act of the employer. See: Guidelines for the development of a wage system for employees of privately owned organizations (approved by the First Vice Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan on February 21, 2022), Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 2, 2020 to a question from June 29, 2020 No. 625859 (dialog.gov.kz) "On the accounting period for the summarized accounting of working hours" 6. Engagement of employees under the age of eighteen years to work using the summarized accounting of working time is not allowed. 7. The application of the summarized recording of working time for pregnant women is not allowed if the duration of the working day (work shift) will exceed eight hours. 8. It is not allowed to use the summarized accounting of working hours for disabled workers of the first group. A summarized accounting of working time cannot be established for disabled workers of the second and third groups, if such a regime is prohibited to them on the basis of the conclusion of an expert occupational pathology commission. Article 76. Work at night 1. Night time is considered from 22:00 to 06:00. 2. The following are not allowed to work at night: employees under the age of eighteen; pregnant women who provided the employer with a certificate of pregnancy. 3. Engaging disabled workers to work at night is allowed only with their written consent, provided that such work is not prohibited to them for health reasons in accordance with a medical report. 4. The employer is not entitled to engage in work at night without the written consent of the following employees: 1) women with children under the age of seven, and other persons raising children under the age of seven without a mother; Subparagraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 12.10.21, No. 67-VII ( see the old version ) 2) workers raising disabled children under eighteen years of age. Article 77. Overtime work 1. Involvement in overtime work is allowed only with the written consent of the employee, except for the cases provided for in paragraph 2 of this article. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2. Overtime work without the consent of the employee is allowed in the following cases: 1) in the performance of work necessary for the defense of the country, as well as for the prevention of emergency situations , natural disasters or industrial accidents or the immediate elimination of their consequences; 2) to eliminate other circumstances that disrupt the normal functioning of water supply, gas supply, heat supply, energy supply and other life support systems; 3) to continue work in case of non-appearance of the replacement employee, if the work does not allow a break, with the immediate adoption of measures for replacement by another employee; 4) to provide emergency and emergency assistance to citizens who are threatened with loss of health or death. 3. The following employees are not allowed to work overtime: 1) pregnant women who have provided the employer with a certificate of pregnancy; 2) under eighteen years of age; 3) disabled people. Article 78. Maximum number of overtime work 1. Overtime work should not exceed two hours for each employee during the day, and for heavy work, work with harmful and (or) dangerous working conditions - one hour. 2. The total duration of overtime work must not exceed twelve hours per month and one hundred and twenty hours per year. 3. Limitation of the maximum number of overtime work does not apply to work in cases provided for by subparagraphs 1) and 4 ) of paragraph 2 of Article 77 of this Code. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 5, 2019 to the question dated October 31, 2019 No. 578288 (dialog.gov.kz) “The time of involvement in work on weekends and holidays does not apply to the time of involvement in overtime work » Article 79 1. The employer is obliged to keep records of the working hours actually worked by the employee. 2. The time worked and unworked by the employee is subject to accounting. At the same time, overtime work, work at night, weekends, holidays, days of business trips are taken into account separately. Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. The form and procedure for keeping records of working time are determined by the act of the employer. 4. In cases where the employee's working time includes periods of work performed outside the workplace or their performance cannot be recorded by the employer at a specific time, these periods are noted in the working time records as the performance of the scope of work established by the employment contract. Chapter 7 Article 80. Types of rest time The types of rest periods are: 1) breaks during the working day (work shift): a break for rest and eating; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 intra-shift and special breaks; 2) daily (between shifts) rest; 3) days off (inter-shift rest); 4) holidays; 5) holidays. Article 81 1. During the daily work (work shift), the employee must be given one break for rest and eating for at least half an hour. 2. The time for providing a break for rest and eating, its duration are established by the rules of the labor schedule, labor, collective agreements. 3. Break time for rest and meals is not included in working time. At work where, due to the conditions of production, it is impossible to provide a break, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours in a specially equipped place. The list of such works, the order and place for rest and eating are established by the collective agreement or acts of the employer. Article 82. Intra-shift and special breaks Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. For certain types of work, employees are provided with inter-shift breaks due to the technology and organization of production and labor, which are included in working hours. The types of these works, the duration and procedure for providing such breaks are determined by the collective agreement or acts of the employer, unless otherwise established by the legislation of the Republic of Kazakhstan. 2. Employees working in the cold or hot season outdoors, in closed unheated premises, as well as those engaged in loading and unloading operations, are provided with special breaks for heating or cooling and rest, which are included in working hours. The employer is obliged to provide facilities for heating, cooling and resting of employees. 3. Working women with children under the age of one and a half years, fathers (adoptive parents), raising children under the age of one and a half years without a mother, are provided with additional breaks for feeding the child (children) at least every three hours of work of the following duration: 1) having one child - each break is not less than thirty minutes; 2) having two or more children - each break is not less than one hour. 4. Breaks for feeding the child (children), at the request of the employee specified in paragraph 3 of this article, are added to the break for rest and eating, or summarized breaks are provided at the beginning or end of the working day (shift). 5. Breaks for feeding the child (children) are included in working hours. During the breaks, women, fathers, adoptive parents (adopters) retain the average salary. Article 83 The duration of the daily (between shifts) rest of an employee between the end of work and its beginning on the next day (work shift) cannot be less than twelve hours. Article 84. Holidays 1. Employees are given weekly days off. 2. With a five-day working week, employees are provided with two days off per week, and with a six-day working week - one day off. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3. With a five-day and six-day working week, the general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or labor regulations. 4. Employees (a group of employees) employed in continuous production or in production, the shutdown of which on weekends is impossible due to production and technical conditions or due to the need for constant continuous service to the population, as well as those working on a rotational basis, days off are provided on different days of the week in turn according to shift schedules (shift schedules). 5. The first day of Eid al-Adha, celebrated according to the Muslim calendar, January 7 - Orthodox Christmas is a day off, regardless of the applicable work modes and shift schedules (shift schedules). 6. An employee who is on a business trip enjoys days off in accordance with the rules of the work schedule of the employer to whom he is sent. Article 85. Work on weekends and holidays Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. To involve employees working on a shift schedule or on a rotational basis according to a shift schedule, to work on holidays , as well as on days off, provided for in paragraph 5 of Article 84 of this Code, the written consent of employees and the issuance of an act of the employer are not required. Work on weekends and holidays is allowed with the written consent of the employee or at his request on the basis of the employer's act, except for the cases provided for in Article 86 of this Code. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated January 8, 2020 to the question dated December 30, 2019 No. 587768 (dialog.gov.kz) “Labor legislation does not regulate the signing of legal documents on weekends and holidays”, Answer of the Minister labor and social protection of the population of the Republic of Kazakhstan dated November 13, 2020 to the question dated October 29, 2020 No. 649654 (dialog.egov.kz) “15-hour daily work is a violation of the employee’s daily rest between the end of work and its start the next day”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 4, 2022 to the question dated February 24, 2022 No. 728618 (dialog.egov.kz) “It is illegal for an employer to issue an act on employees to go to work on weekends and holidays without specifying specific dates” 2. For work on weekends and holidays, the employee, at his request, is provided with another day of rest or payment is made in the amount specified in Article 109 of this Code. See: Response of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 26, 2019 No. 365443 (enbek.gov.kz) “How work on a day off is paid with the provision of time off”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 29, 2020 to the question of December 23, 2020 No. 658661 (dialog.egov.kz) “On the number of hours provided to an employee for working on a day off” 3. For the purpose of rational use of working time during the holidays, as well as on days off, provided for in paragraph 5 of Article 84 of this Code, the Government of the Republic of Kazakhstan has the right to transfer days off to other working days. 4. It is prohibited to involve pregnant women who have provided the employer with a certificate of pregnancy to work on weekends and holidays. Article 86 Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Engagement to work on weekends and holidays without the consent of the employee is allowed in the following cases for: 1) prevention of emergencies , natural disasters or industrial accidents or immediate elimination of their consequences; 2) prevention and investigation of accidents related to labor activity, death or damage to property; 3) the performance of urgent, previously unforeseen work, on the urgent performance of which the normal work of the organization as a whole or its individual divisions depends in the future. Article 87. Types of holidays 1. Employees are provided with the following types of leave: 1) paid annual labor holidays; 2) social leave. 2. Paid annual leave is intended for rest of the employee, restoration of working capacity, promotion of health and other personal needs of the employee and is provided for a certain number of calendar days with the preservation of the place of work (position) and average wage. 3. Employees are provided with the following types of paid annual labor leave: 1) basic paid annual labor leave; 2) additional paid annual labor leave. Paragraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 07.07.20 No. 361-VI ( see previous edition ) 4. Social leave means the release of an employee from work for a certain period in order to create favorable conditions for motherhood, undergo screening studies , take care of children, receive education on the job and for other social purposes. 5. Employees are provided with the following types of social leave: 1) leave without pay; 2) study leave; 3) leave in connection with pregnancy and the birth of a child (children), adoption (adoption) of a newborn child (children); 4) unpaid leave to care for a child until the child reaches the age of three years; Paragraph 5 is supplemented by subparagraph 5 in accordance with the Law of the Republic of Kazakhstan dated 07.07.20 No. 361-VI 5) leave to undergo screening tests in the amount of not more than three working days during the year; Paragraph 5 is supplemented by subparagraph 6 in accordance with the Law of the Republic of Kazakhstan dated 07.07.20 No. 361-VI 6) leave for medical registration for pregnancy up to twelve weeks in the amount of at least three working days. The period of being on social leave is counted in the length of service, unless otherwise provided by the laws of the Republic of Kazakhstan. 6. The provision of leave is documented by the act of the employer. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 2, 2021 to question No. 664358 dated January 27, 2021 (dialog.gov.kz) “Based on the vacation schedule, the employer has the right to issue an order to grant annual labor leave without the employee’s application” Article 88. Duration of the main paid annual labor leave Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The main paid annual labor leave is granted to employees for a duration of twenty-four calendar days, unless a greater number of days is provided for by this Code, other regulatory legal acts of the Republic of Kazakhstan, labor, collective agreements and acts of the employer. Article 89. Additional paid annual labor leave Paragraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 1. Additional paid annual labor leaves are provided: 1) employees engaged in hard work, work with harmful and (or) dangerous working conditions, lasting at least six calendar days according to the List of industries, workshops, professions and positions, the list of heavy work, work with harmful and (or) dangerous working conditions . Additional paid annual labor leaves are provided to employees whose work in difficult, harmful and (or) dangerous conditions is confirmed by the results of attestation of production facilities in terms of working conditions. If the employer fails to certify production facilities for working conditions, as well as for jobs that are not subject to certification, additional paid annual labor leaves are provided in full according to the List of industries, workshops, professions and positions, the list of heavy work, work with harmful and ( or) dangerous working conditions; See: Rules for granting additional paid annual leave, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 10, 2021 to the question dated February 23, 2021 No. 669865 (dialog.egov.kz) “How is additional leave granted for work in harmful conditions work with employment less than half the working day " 2) disabled people of the first and second groups for at least six calendar days. Additional paid annual labor leaves are provided to employees of the sending party based on the results of certification of production facilities for working conditions of the receiving party. 2. For other categories of employees, the provision of additional annual leave and its duration may be established by the laws of the Republic of Kazakhstan . 3. Labor, collective agreements may establish additional paid annual labor leave of an incentive nature for employees for long-term continuous work, performance of important, complex, urgent work, as well as work of a different nature. Article 90. Calculation of the duration of paid annual leave 1. The duration of paid annual labor leave is calculated in calendar days, excluding holidays falling on the days of paid annual labor leave, regardless of the applicable work modes and shift schedules. 2. When calculating the total duration of paid annual leave, additional paid annual leave shall be added to the main paid annual leave. Article 91 The length of service when granting paid annual leave includes: 1) actual hours worked; 2) the time when the employee did not actually work, but he retained his place of work (position) and wages in full or in part; 3) the time when the employee actually did not work due to temporary disability, including the time spent on maternity leave; 4) the time when the employee did not actually work before being reinstated at work. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated September 4, 2020 to the question dated August 13, 2020 No. 635104 Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 (dialog.gov.kz) “On determining the number of calendar days required for calculating compensation for unused labor leave upon dismissal”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 17, 2021 to the question dated March 2, 2021 No. 671342 (dialog.egov.kz) “On granting leave to a full-time employee” Article 92. Determination of the period and procedure for granting paid annual leave 1. Paid annual leave for the employee for the first and subsequent years of work by agreement of the parties is provided at any time of the working year. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 24, 2019 to the question dated October 21, 2019 No. 576614 (dialog.gov.kz) “On the provision of full labor leave and the calculation of vacation pay for an employee who has no work experience”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 11, 2019 No. 365133 (enbek.gov.kz) “Can a vacation start on a holiday or weekend” 2. The working year is twelve calendar months calculated from the first day of work of the employee. Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. By agreement between the employee and the employer, paid annual leave may be divided into parts. In this case, one of the parts of the paid annual leave must be at least fourteen calendar days. See: Answers of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan 4. Payment for annual labor leave is made no later than three working days before its start, and in case of granting labor leave outside the vacation schedule - no later than three working days from the date of its grant. 5. Employees working under an employment contract on part-time work are provided with paid annual labor leaves simultaneously with leave for their main job. If the duration of the paid annual labor leave under an employment contract for part-time work is less than the duration of the leave for the main job, the employer, at the request of the part-time employee, grants him leave without pay for days that make up the difference in the duration of the holidays. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 10, 2021 to the question dated May 27, 2021 No. 687375 (dialog.egov.kz) “If the duration of part-time leave is longer than the duration of leave for the main job, then the procedure for granting leave is similar , as defined by the second part of paragraph 5 of Article 92 of the Code" 6. The provision of leave, transfer or withdrawal from paid annual leave shall be documented by the act of the employer. See: Letter of the Committee for Labor, Social Protection and Migration of the Ministry of Health and Social Development of the Republic of Kazakhstan dated August 31, 2016 No. 22-2-22 / 34664 “Deduction from wages, taking into account unworked vacation in the accounting period, can be made with the consent of the employee” Article 93 1. The sequence of granting paid annual labor leaves to employees is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of employees, or is established outside the vacation schedule by agreement of the parties. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2. In the event of a change in the vacation schedule due to production needs, the employer is obliged to notify the employee about this at least two weeks before the start of the vacation. Article 94. Cases and procedure for postponing paid annual leave 1. Paid annual leave is transferred in full or in part in the following cases: temporary disability of an employee; during maternity leave. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 27, 2020 to the question dated August 19, 2020 No. 636387 (dialog.gov.kz) “On the postponement of labor leave during the onset of disability” 2. Paid annual labor leave (its part) in the cases provided for in paragraph 1 of this article shall be transferred at the request of the employee during the period of being on paid annual labor leave. Postponed labor leave, by agreement of the parties, may be added to the labor leave for the next working year or granted at the request of the employee separately in the current working year. 3. It is prohibited not to provide unused paid annual leave or part of it for two consecutive years. Article 95 1. Paid annual labor leave may be interrupted by the employer in case of production necessity only with the written consent of the employee. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” 2. The unused part of the paid annual leave in connection with the recall, by agreement of the parties to the employment contract, is provided during the current working year or in the next working year at any time or is added to the paid annual leave for the next working year. 3. When an employee is recalled from paid annual leave, instead of providing the unused part of the leave at another time, by agreement between the employee and the employer, the employee is paid compensation for the days of the unused part of the paid annual leave. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated September 7, 2020 to the question dated August 26, 2020 No. 637917 (dialog.gov.kz) “On payment of compensation to the employee for the unused part of the vacation when the employee is recalled from paid annual leave” , Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated April 15, 2021 to the question dated April 2, 2021 No. 676771 (dialog.egov.kz) “Compensation payment is made if the employee has not received the average wage for the days of the unused part of the paid annual leave in connection with the review" Paragraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. It is not allowed to withdraw from the paid annual labor leave of an employee under the age of eighteen, pregnant women who have provided the employer with a certificate of pregnancy, and employees engaged in hard work, work with harmful and (or) dangerous working conditions. Article 96 1. Paid annual labor leave with the subsequent termination of the employment contract due to the expiration of its term may be granted in the event that the vacation time completely or partially goes beyond the term of the employment contract. The day of termination of the employment contract due to the expiration of its term is considered the last day of paid annual leave. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2. Upon termination of an employment contract, an employee who did not use or used incompletely paid annual labor leave (annual labor holidays) shall be paid a compensation payment for the unused days of paid annual labor leave (annual labor holidays). The compensation payment for unused days of paid annual leave (annual leave) is calculated based on the average wage of the employee. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated September 19, 2019 No. 363001 (enbek.gov.kz) “Days of unused labor leave are counted from the working day according to the work schedule following the date of dismissal of the employee and working days (hours) are paid attributable to the period of unused vacation days, taking into account the mode of work", Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 29, 2020 to the question dated December 23, 2020 No. 658545 (dialog.egov.kz) "On payment of compensation for unused days leave and recall of an employee from annual leave”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated January 25, 2021 to the question dated December 8, 2020 No. 656102 (dialog.egov.kz) “Regarding the settlement period when calculating compensation for unused labor leave”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 24, 2021 to the question dated June 9, 2021 No. 689785 (dialog.egov.kz) “Compensation for entitled leave refers to the concept of wages”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 8, 2021 to the question dated May 24, 2021 No. 686676 (dialog.egov.kz) unused days of annual labor leave, an employee of the personnel service is not obliged to indicate in the act of termination of the employment contract information on the number of unused days of labor leave" Article 97. Leave without pay 1. By agreement of the parties to the employment contract, based on the application of the employee, he may be granted leave without pay. 2. The duration of unpaid leave is determined by agreement between the employee and the employer. 3. Based on the notification of the employee, the employer is obliged to provide leave without pay for up to five calendar days when: 1) marriage registration; 2) the birth of a child; Subparagraph 3 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3) the death of close relatives, as well as the spouse (wife) and (or) their in-laws (full and half brothers and sisters, parents (parent), children, grandfather, grandmother, grandchildren); 4) in other cases provided for by labor, collective agreements. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 27, 2020 to the question dated July 24, 2020 No. 630901 (dialog.gov.kz) “Is it allowed to take leave without pay up to 6 months or 1 year”, Answer Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 10, 2022 to the question dated February 1, 2022 No. 724638 (dialog.egov.kz) “On the period of time when an employee can apply for leave without pay” Article 98. Study leave 1. Employees studying in educational organizations are provided with educational leave for preparing and passing tests and exams, performing laboratory work, preparing and defending a thesis (project), for passing military training reserve training programs . Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2. Payment for study leave is determined by agreements, collective, labor contracts, training contracts. 3. The employer provides employees sent for training, internships abroad within the framework of the Bolashak international scholarship, study leaves with the preservation of their place of work (position). Article 99 1. Pregnant women, women who have given birth to a child (children), women (men) who have adopted (adopted) a newborn child (children) are granted the following leave in connection with the birth of a child: 1) maternity leave; 2) leave to employees who have adopted (adopted) a newborn child (children); 3) unpaid leave to care for a child until the child reaches the age of three years. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 02.07.18 No. 165-VI ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. A pregnant woman, from the date indicated in the sheet of temporary disability , giving the right to maternity leave, draws it up by presenting a sheet of temporary disability, confirming the right to this type of leave. Maternity leave is granted for the duration of: in case of normal childbirth - seventy calendar days before childbirth and fifty-six calendar days after childbirth; in case of complicated childbirth or the birth of two or more children - seventy calendar days before childbirth and seventy calendar days after childbirth; women living in territories affected by nuclear tests, during normal childbirth - ninety-one calendar days before childbirth and seventy-nine calendar days (in case of complicated childbirth or the birth of two or more children - ninety-three calendar days) after childbirth; in the case of childbirth at a period of twenty-two to twenty-nine weeks of pregnancy and the birth of a child weighing five hundred grams or more, who has lived for more than seven days, seventy calendar days after childbirth; in the case of childbirth at a period of twenty-two to twenty-nine weeks of pregnancy and the birth of a dead fetus or a child weighing five hundred grams or more, who died before seven days of life - fifty-six calendar days after childbirth; women living in territories affected by nuclear tests, in case of childbirth at a period of twenty- two to twenty-nine weeks of pregnancy and the birth of a child weighing five hundred grams or more, who has lived for more than seven days, ninety-three calendar days after childbirth; women living in territories affected by nuclear tests, in case of childbirth at a period of twenty- two to twenty-nine weeks of pregnancy and the birth of a dead fetus or a child weighing five hundred grams or more, who died before seven days of life - seventy-nine calendar days after childbirth. When a woman applies for a temporary disability certificate during pregnancy, leave is calculated in total and is provided in full, regardless of the number of days she actually used before giving birth and the duration of work with the employer. When a woman applies for a sheet of temporary disability after childbirth, only leave after childbirth is granted for the duration provided for in part two of this paragraph. 3. Employees who have adopted (adopted) a newborn child (children) are granted (one of the parents) leave for the period from the date of adoption (adoption) until the expiration of fifty-six days from the date of birth of the child. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 4. The employer pays for maternity leave, leave for employees who have adopted (adopted) a newborn child (children), with the preservation of the average wage, if it is provided for by the terms of the labor and (or) collective agreement, by the act of the employer, minus the amount of social payment for case of loss of income due to pregnancy and childbirth, adoption (adoption) of a newborn child (children), carried out in accordance with the legislation of the Republic of Kazakhstan on compulsory social insurance. Article 100 1. The employer is obliged to grant unpaid leave to a childcare worker until he reaches the age of three years: 1) at the choice of the parents - the mother or father of the child; 2) a parent raising a child alone; 3) to another relative who is actually raising a child left without parental care, or to a guardian; 4) an employee who has adopted (adopted) a newborn child (children). 2. Unpaid leave to care for a child up to the age of three years is granted on the basis of a written application from the employee indicating its duration and providing a birth certificate or other document confirming the birth of the child. An employee may use parental leave until the child reaches the age of three years in full or in parts. See: Letter I.o. Deputy Director of the Department of Labor and Social Partnership of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan dated January 20, 2020 No. ZhT-M-56 “To provide unpaid leave to care for a child under the age of three years, a marriage certificate is not required » 3. For the period of unpaid leave to care for a child until the child reaches the age of three years, the employee retains the place of work (position). See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 12, 2020 to the question dated January 29, 2020 No. 592149 (dialog.gov.kz) “On the right of an employee to work part-time during the period of leave without pay” Paragraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. In the event of going to work before the end of unpaid leave to care for a child before the child reaches the age of three years, the employee is obliged to notify the employer of his intention one month before the start of work. Chapter 8 Article 101 1. Labor standards (time, output, labor intensity, maintenance, number) are a measure of labor costs and are established for an employee of the appropriate qualification in accordance with the achieved level of technology, technology, organization of production and labor. 2. Development, introduction, replacement and revision of labor standards are carried out by the employer in the manner established by the authorized state body for labor. 3. Labor standards are subject to mandatory replacement as the certification and rationalization of workplaces, the introduction of new equipment, technology and organizational and technical measures that ensure the growth of labor productivity are carried out. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Achieving a high level of product development (rendering of services) by individual workers through the use of new methods of labor on their own initiative and the improvement of workplaces is not a basis for revising previously established labor standards. 4. Employees shall be notified of the introduction by the employer of new labor standards no later than one month in advance. 5. When developing labor standards, the following must be ensured: 1) the quality of labor standards, their optimal approximation to the necessary labor costs; 2) the establishment of the same labor standards for the same work performed in similar organizational and technical conditions; 3) progressivity of labor standards based on the achievements of science and technology; 4) coverage by labor regulation of those types of work for which it is possible and expedient to establish labor standards; 5) technical (scientific) validity of labor standards. 6. Labor standards in an organization whose services (goods, works) are subject to state regulation of tariffs (prices, rates of fees) are approved by the employer in agreement with the authorized state bodies of the relevant fields of activity and with the authorized state body for labor in the manner prescribed by it . See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated January 28, 2021 to the question dated January 14, 2021 No. 661841 (dialog.egov.kz) “On sending the draft standards for the number of employees of the organization for approval” 7. Standard norms and standards for labor are developed and approved by industry associations of employers, unified and (or) inter-sectoral model norms and standards for labor for all areas of activity are approved by the National Chamber of Entrepreneurs of the Republic of Kazakhstan in agreement with representatives of employees in the manner established by the authorized state body for labor . 8. Qualification requirements for employees and the complexity of certain types of work are established on the basis of professional standards , and in their absence, on the basis of the Unified Tariff and Qualification Guide for Works and Professions of Workers, the Qualification Guide for the Positions of Managers, Specialists and Other Employees, the tariff and qualification characteristics of the professions of workers and typical qualification characteristics of the positions of managers, specialists and other employees of organizations. Article 102. State guarantees in the field of wages State guarantees in the field of remuneration of employees include: 1) the minimum monthly wage; 2) the minimum hourly wage; 3) payment for work in overtime; 4) payment for work on holidays and weekends; 5) payment for work at night; 6) limiting the amount of deductions from the employee's wages; 7) the procedure and terms for payment of wages. Article 103. The amount of wages 1. The amount of the monthly salary of an employee is established differentially depending on the qualifications of the employee, the complexity, quantity and quality of the work performed, as well as working conditions. There is no maximum monthly salary limit. Wages are paid to the employee for the time actually worked by him, recorded in the documents of the employer for recording working hours. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The article is supplemented by paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI 1-1. The amount of the basic salary of the employees of the sending party must not be lower than the amount of the basic salary of the employees of the receiving party in a similar position, relevant qualification, specialty or profession, complexity, quantity and quality of the work performed, as well as production and living conditions in accordance with the contract for the provision of services for the provision of personnel. Wages to employees of the sending party are paid for the time actually worked by them, recorded in the documents on recording the working time of the receiving party. 2. The amount of the monthly salary of an employee who has worked out the norm of working hours fully determined for this period and fulfilled the labor standards or labor duties cannot be lower than the minimum monthly salary established for the corresponding financial year by the law of the Republic of Kazakhstan on the republican budget. Article 104. Establishment of the minimum wage 1. The minimum monthly salary, established annually for the corresponding financial year by the law of the Republic of Kazakhstan on the republican budget, should not be lower than the subsistence minimum and does not include additional payments and allowances, compensation and social payments, bonuses and other incentive payments and is paid in proportion to the worked time. 2. The minimum hourly wage of an employee who has performed his labor duties cannot be lower than the minimum monthly wage divided by the average monthly number of working hours according to the balance of working hours for the corresponding calendar year. 3. The minimum monthly salary or the monthly tariff rate of an employee of the first category, provided for by the terms of labor, collective agreements and (or) acts of the employer, cannot be lower than the minimum monthly salary established for the corresponding financial year by the law of the Republic of Kazakhstan on the republican budget . The heading of Article 105 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20, No. 386-VI ( see previous edition ) Article 105 1. The remuneration of labor of employees engaged in heavy work, work with harmful and (or) dangerous working conditions, is established in an increased amount compared to the remuneration of labor of employees employed in work with normal working conditions, by establishing increased official salaries (rates) or additional payments, the amount of which is determined by a collective agreement or an act of the employer, taking into account industry coefficients that classify working conditions according to the degree of harmfulness and danger, determined by an industry agreement. See: Guidelines for the development of a wage system for employees of privately owned organizations (approved by the First Vice Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan on February 21, 2022) 2. Remuneration of labor of employees engaged in heavy work, work with harmful and (or) dangerous working conditions, in an increased amount is carried out according to the List of industries, workshops, professions and positions, the list of heavy work, work with harmful and (or) dangerous working conditions . Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3. The terms of remuneration established by this article are provided to employees whose work in heavy work, work with harmful and (or) dangerous working conditions is confirmed by the results of attestation of production facilities in terms of working conditions. Based on the results of certification of production facilities for the working conditions of the receiving party, increased official salaries (rates) or additional payments to employees of the sending party are established when concluding a contract for the provision of services for the provision of personnel. In the event that the employer fails to certify production facilities in terms of working conditions, as well as for jobs that are not subject to certification, the remuneration of workers engaged in hard work, work with harmful, dangerous working conditions is made in accordance with the List of industries, workshops, professions and positions, a list of hard work, work with harmful and (or) dangerous working conditions. See: Rules for granting increased wages Article 106. Hourly wages 1. The terms of the employment contract and (or) the act of the employer may establish hourly wages for actually performed work with part-time work or part-time work, as well as for payment for work of a temporary or one-time nature. With a reduced working time for certain categories of employees provided for by this Code, an hourly wage is established. 2. Remuneration for labor in the case of summarized accounting of working time is made for the actually worked number of working hours according to the shift schedule (shift schedule). At the same time, wages are calculated at the hourly tariff rate , calculated on the basis of the tariff rate (official salary) and the monthly norm of working hours in accordance with the balance of working hours for the corresponding calendar year. Article 107. Remuneration system 1. Wages for an employee are established by an employment contract in accordance with the employer's remuneration systems. See: Answer of the Minister of Health of the Republic of Kazakhstan dated April 7, 2020 to the question dated March 26, 2020 No. 602175 (dialog.egov.kz) “Is the employer entitled to withhold from the employee a contribution to the Social Insurance Fund from the income paid to the employee, the amount of which is determined by the employment contract minus taxes and pension contributions 2. The system of remuneration is determined by the terms of the labor, collective agreements and (or) acts of the employer. 3. In order to increase the interest of employees in increasing the efficiency of production and the quality of work performed, the employer may introduce bonus systems and other forms of labor incentives, determined by the terms of the collective agreement and (or) acts of the employer. 4. The remuneration system must ensure that the share of the basic wage is not less than 75 percent in the wages of employees, excluding lump sum incentive payments. 5. The terms of remuneration, determined by agreements, labor, collective agreements and acts of the employer, cannot be worsened in comparison with the conditions established by this Code and other regulatory legal acts of the Republic of Kazakhstan. See: Guidelines for the development of a wage system for employees of privately owned organizations (approved by the First Vice Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan on February 21, 2022) Article 108. Payment for overtime work Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 In the case of time wages, overtime work is paid at an increased rate in accordance with the terms of the labor or collective agreements and (or) the act of the employer, but not less than one and a half times based on the daily (hourly) rate of the employee. In the case of piecework wages, additional payment for overtime work is made in the amount of not less than fifty percent of the established daily (hourly) rate of the employee. By agreement of the parties, it is allowed to provide hours of rest for overtime work at the rate of at least one hour of rest for one hour of overtime work. Article 109. Payment for work on holidays and weekends Payment for work on holidays and weekends is made at an increased rate in accordance with the terms of the labor or collective agreements and (or) the act of the employer, but not less than one and a half times based on the daily (hourly) rate of the employee. Article 110 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 110. Payment for work at night Each hour of work at night is paid at an increased rate in accordance with the terms of the labor or collective agreements and (or) the act of the employer, but not less than one and a half times based on the daily (hourly) rate of the employee. If night work coincides with a holiday or day off, remuneration is made separately for night hours in accordance with part one of this Article and for hours of holidays or days off in accordance with Article 109 of this Code. See: Guidelines for the development of a wage system for employees of privately owned organizations (approved by the First Vice Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan on February 21, 2022), Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 29, 2020 to a question from December 21, 2020 No. 658277 (dialog.egov.kz) “If night work coincides with a holiday and a day off, the employer must also pay for holidays and weekend hours”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 31, 2021 to the question of August 3, 2021 No. 698664 (dialog.egov.kz) “On pay at night, coinciding with holidays and weekends” Article 111 1. Employees who perform in the same organization, along with their main job, stipulated by an employment contract, additional work in another or the same position or the duties of a temporarily absent employee without being released from their main job, are paid extra. 2. Additional work assigned to employees may be carried out by: 1) combining positions - the employee, along with his main job, provided for by the employment contract (job description), additional work in another vacant position; Subparagraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 06.04.16, No. 483-V ( see previous edition ) 2) expansion of service areas - the employee, along with his main work, provided for by the employment contract (job description), additional work during the established working day (shift); 3) performance (replacement) of the duties of a temporarily absent employee - the performance by the employee, along with his main job, provided for by the employment contract (job description), additional work both in another and in the same position. Additional payment to employees for the performance (replacement) of the duties of a temporarily absent employee is not made if the replacement of a temporarily absent employee is part of the duties of the replacement employee. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 6, 2020 to the question dated January 29, 2020 No. 592288 (dialog.gov.kz) “On additional payment to an employee, if replacing a temporarily absent employee is part of official duties”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 26, 2021 to the question dated July 12, 2021 No. 695206 (dialog.egov.kz) “Labor legislation does not prohibit combining a vacant position at the same time for several employees of an organization” 3. The amounts of additional payments for combining positions, expanding the service area or performing (replacing) the duties of a temporarily absent employee are established by the employer by agreement with the employee based on the amount of work performed. See: Guidelines for the development of a wage system for employees of privately owned organizations (approved by the First Vice Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan on February 21, 2022) The article is supplemented by paragraph 4 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI; amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 4. The employee has the right to refuse to perform additional work, and the employer - to cancel the order to perform it, notifying the other party of this no later than three working days before the termination of additional work. In case of early cancellation of the assignment or refusal to perform additional work by the employee, the employer is obliged to pay the employee wages for the period worked. Article 112. Payment for idle time 1. The procedure for registration of downtime and the conditions for payment of downtime for reasons beyond the control of the employer and employee are determined by labor, collective agreements and are established in an amount not lower than the minimum wage , through the fault of the employer - in the amount of at least fifty percent of the average wage worker. 2. Downtime due to the fault of the employee is not subject to payment. Article 113. Procedure and terms for payment of wages Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. Wages are established and paid in cash in the national currency of the Republic of Kazakhstan at least once a month not later than the first decade of the next month. The date of payment of wages is provided for by labor, collective agreements. If the day of payment of wages coincides with weekends or holidays, payment is made on the eve of them. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 3, 2019 No. 363732 (enbek.gov.kz) “Setting wages for foreigners in foreign currency is not allowed”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 10, 2020 to the question of October 26, 2020 No. 649024 (dialog.egov.kz) “On the payment of wages to an employee by electronic money to a personal electronic wallet” 2. When paying wages, the employer is obliged to notify each employee in writing or electronically on a monthly basis about the components of wages due to him for the relevant period, the amount and grounds for the deductions made, including information about the withheld and transferred mandatory pension contributions, as well as about the total amount of money to be paid. Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); amended in accordance with the Law of the Republic of Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Kazakhstan dated 02.01.21 No. 399-VI (came into force on January 1, 2021) ( see previous edition ) 3. In case of non-payment of wages by the employer in full and within the terms established by labor, collective agreements, the employer shall be liable in accordance with the laws of the Republic of Kazakhstan. The employer pays the employee the debt and interest for the delay in payment. The amount of the penalty is calculated based on 1.25 times the base rate of the National Bank of the Republic of Kazakhstan on the day of fulfillment of obligations to pay wages and is charged for each overdue calendar day, starting from the next day when payments are due and ending with the day of payment. See also: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 7 “On the application by courts of legislation on compensation for moral damage” The formula for calculating the penalty for delayed wages - see the answer of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 17, 2010 Paragraph 4 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); Law of the Republic of Kazakhstan dated January 2, 21, No. 399-VI (entered into force on January 1, 2021) ( see previous edition ) 4. Upon termination of an employment contract, payment of the amounts due to the employee from the employer is made no later than three working days after its termination. In case of violation of the deadlines specified in part one of this paragraph, the employer shall pay the employee the debt and penalty for the period of delay in payment. The amount of the penalty is calculated based on 1.25 times the base rate of the National Bank of the Republic of Kazakhstan on the day of fulfillment of obligations to pay the amounts due to the employee, and is charged for each overdue calendar day, starting from the next day when payments are due and ending with the day of payment . Article 114. Calculation of the average salary of an employee 1. The calculation of the average wage both for a five-day and a six-day working week is carried out for the actual hours worked based on the average daily (hourly) earnings for the corresponding period, taking into account the established additional payments and allowances, bonuses and other incentive payments of a permanent nature, provided for wage system. 2. For the calculation of the average wage, the billing period is twelve calendar months preceding the event with which the corresponding payment (payment) is associated, in accordance with this Code. For employees who have worked less than twelve calendar months, the average wage is determined for the time actually worked. The collective agreement may also provide for other periods for calculating the average wage, if this does not worsen the position of the employees. 3. For all cases of determining the average wage provided for by this Code, the authorized state body for labor establishes a single procedure for its calculation . See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Article 115. Deductions from wages 1. Deductions from the employee's wages are made by a court decision , as well as in cases provided for by the laws of the Republic of Kazakhstan and this article of the Code. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 2. Deductions from the employee's wages to pay off his debts to the organization in which he works may be made on the basis of the employer's act with the notification of the employee: Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1) for the repayment of unspent and not returned on time amounts of money issued in connection with a business trip, as well as in case of failure to provide documents confirming expenses related to a business trip; 2) in cases that provide for reimbursement to the employer of costs associated with the training of an employee, if there is a training contract, in proportion to the unfinished period of working out in case of early termination of the employment contract; 3) to compensate for the unworked advance payment issued to the employee on account of wages; 4) in cases of transferring or recalling an employee from annual paid leave, with the exception of paragraph 3 of Article 95 of this Code; 5) in other cases with the written consent of the employee. See: Letter of the Committee for Labor, Social Protection and Migration of the Ministry of Health and Social Development of the Republic of Kazakhstan dated August 31, 2016 No. 22-2-22 / 34664 “Deduction from wages, taking into account unworked vacation in the accounting period, can be made with the consent of the employee” , Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 26, 2020 to the question dated February 12, 2020 No. 594806 (dialog.gov.kz) “On deducting the residual value of previously issued overalls from the salary of employees in case of their dismissal” 3. When deducting from wages on several writ of execution, as well as in cases provided for by the laws of the Republic of Kazakhstan and this article of the Code, the amount of monthly deduction cannot exceed fifty percent of the wages due to the employee. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 26, 2020 to the question dated February 12, 2020 No. 594893 (dialog.gov.kz) “On the deduction by the employer of more than 50% of the amount from wages with the written consent of the employee” Chapter 9. PROFESSIONAL TRAINING, RETRAINING AND UPGRADING Article 116. Concepts used in this chapter The following concepts are used in this chapter: 1) advanced training - a form of vocational training that allows you to maintain, expand, deepen and improve previously acquired professional knowledge, skills and abilities; Subparagraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.07.18 No. 172-VI ( see previous edition ) 2) dual training - a form of training that combines training in an educational organization with mandatory periods of industrial training and professional practice at an enterprise (in an organization) with the provision of jobs and compensation payments to students with equal responsibility of the enterprise (organization), educational institution and student; Subparagraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.07.18 No. 172-VI ( see previous edition ) 3) dual training agreement - a written agreement between a student, an enterprise (organization) that provides a workplace for industrial training and professional practice, and an educational institution that regulates the conditions and procedure for industrial training and professional practice; 4) vocational training - a form of vocational training aimed at developing a person in order to acquire new or modified professional skills necessary to perform a certain type of work; 5) retraining - a form of vocational training that allows one to master another profession or specialty; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 6) training contract - a written agreement between the employer and the trainee on the conditions of vocational training, retraining and advanced training; The article is supplemented by subparagraph 6-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.18 No. 172-VI 6-1) industrial training - training aimed at acquiring theoretical knowledge, practical skills by students, on the basis of educational organizations and (or) enterprises (organizations); The article is supplemented by subparagraph 7 in accordance with the Law of the Republic of Kazakhstan dated 04.07.18 No. 171-VI (entered into force on January 1, 2021) 7) regulated professions - professional activities that require confirmation of compliance and qualification. The article is supplemented by subparagraph 8 in accordance with the Law of the Republic of Kazakhstan dated 04.07.18 No. 172-VI 8) mentor - a qualified employee of an enterprise (organization) who owns the technologies of production or the service sector, who manages industrial training and professional practice. Article 117. Professional standards and system of qualifications 1. The national qualifications framework consists of a description for each qualification level of the general characteristics of professional activity. The sectoral qualifications framework classifies in the industry the requirements for the qualification of a specialist by levels, depending on the complexity of the work performed and the nature of the knowledge, skills and competencies used. Professional standard - a standard that defines in a particular area of professional activity the requirements for the level of qualification and competence, for the content, quality and working conditions. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. The development, introduction, replacement and revision of professional standards are carried out by associations (associations, unions) of employers on the basis of sectoral qualifications frameworks and are approved by the National Chamber of Entrepreneurs of the Republic of Kazakhstan in the manner established by the authorized state body for labor . The article is supplemented by paragraph 2-1 in accordance with the Law of the Republic of Kazakhstan dated 06.04.16, No. 483-V 2-1. The development, approval, replacement and revision of professional standards for services provided by state legal entities are carried out by state bodies of the relevant areas of activity in agreement with the authorized state body for labor. Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.07.18, No. 171-VI ( see previous edition ) 3. The development and revision of the national qualifications framework are carried out by the authorized state body for labor together with the authorized body in the field of education and are approved by the republican tripartite commission on social partnership and regulation of social and labor relations. Paragraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. The development and revision of the sectoral qualifications framework are carried out by authorized state bodies and associations (associations, unions) of employers in the relevant fields of activity and are approved by sectoral commissions for social partnership and regulation of social and labor relations. See also: Guidelines for the development and design of sectoral qualifications frameworks Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The article is supplemented by paragraphs 5, 6 in accordance with the Law of the Republic of Kazakhstan dated 04.07.18 No. 171-VI (entered into force on January 1, 2021) 5. Confirmation of conformity and assignment of qualifications in regulated professions are carried out by organizations accredited in accordance with the legislation of the Republic of Kazakhstan. The procedure for confirming compliance and awarding qualifications for regulated professions is determined by the authorized state bodies of the relevant areas of activity. 6. The development and revision of the list of regulated professions are carried out by the authorized state body for labor together with the authorized state bodies of the relevant fields of activity and is approved by the republican tripartite commission on social partnership and regulation of social and labor relations. Article 118. Vocational training, retraining and advanced training 1. The need and scope of professional training, retraining and advanced training for the functioning and development of the organization are determined by the employer. See Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated December 28, 2015 No. 1045 “On approval of general requirements for professional training, retraining and advanced training of personnel in an organization” The article was supplemented by paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.18 No. 171-VI 1-1. Educational programs for technical and vocational, post-secondary, higher and postgraduate education, retraining and advanced training should be focused on learning outcomes and take into account the requirements in the presence of relevant professional standards for the implementation of a comprehensive system of conformity assessment and qualifications. 2. The employer conducts vocational training, retraining and advanced training of employees or other persons who are not in labor relations with him (trainee): 1) directly in the organization (at the employer); 2) in educational organizations implementing educational programs of technical and professional, post-secondary, higher and postgraduate education; 3) in other organizations providing professional training, retraining and advanced training of personnel. 3. Professional training, retraining and advanced training of trainees in the direction of the employer are carried out at the expense of the employer or other means not prohibited by the legislation of the Republic of Kazakhstan, in accordance with the training agreement. See: Response of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated September 15, 2021 to question No. 703394 dated September 1, 2021 (dialog.egov.kz) “If there are no other funds for employee training, and employees refuse to pay for training, then training should be made at the expense of the employer 4. The training contract must contain: Subparagraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.07.18 No. 172-VI ( see previous edition ) 1) an indication of a specific specialty, qualification acquired by the trainee, and (or) the name of the qualification course; 2) the rights and obligations of the employer and student; 3) the period of study and the period of working with the employer after the completion of training; 4) the procedure and cases of reimbursement to the employer of the costs associated with training, in proportion to the unfinished period of working off; 5) guarantees and compensation payments related to training; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 6) responsibility of the parties. The training agreement may contain other conditions determined by agreement of the parties. 5. Employees undergoing vocational training, retraining and advanced training, by agreement with the employer, may be released from work or perform part-time work. 6. The agreement, collective and (or) labor contracts may provide for benefits and compensation payments related to training. 7. The employer assists educational organizations implementing educational programs of technical and vocational education in the training, retraining and advanced training of personnel. Paragraph 8 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.07.18 No. 172-VI ( see previous edition ) 8. Employers, in accordance with the legislation of the Republic of Kazakhstan on education, provide places for professional practice, as well as industrial training, create a safe environment and fulfill the obligations stipulated by the contracts. Article 119 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.07.18 No. 171-VI ( see previous edition ); Law of the Republic of Kazakhstan dated 04.07.18 No. 172-VI ( see previous edition ) Article 119. Dual training Dual training is carried out in accordance with the dual training agreement concluded on the basis of the form of a standard dual training agreement approved by the authorized body in the field of education. During the period of industrial training and professional practice, the trainee is subject to the rules of labor regulations. During the course of industrial training and professional practice, the trainee performs certain functional duties, which are counted in the work experience of the trainee, and during this time a compensation payment may be made. Occupational safety and health requirements apply to persons undergoing industrial training and professional practice . On the basis of a dual training agreement, the enterprise (organization) assigns a mentor to the student to manage the production training and professional practice. The heading of chapter 10 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) Chapter 10 Article 120 1. The liability of a party to an employment contract for the damage (harm) caused by it to the other party to the employment contract is for the damage (harm) caused as a result of guilty unlawful behavior (action or inaction) and the causal relationship between the guilty unlawful behavior and the damage (harm) caused ), unless otherwise provided by this Code and other laws of the Republic of Kazakhstan. 2. A party to an employment contract that caused damage (harm) to the other party shall reimburse it in accordance with this Code and other laws of the Republic of Kazakhstan. 3. The labor and collective agreements may specify the liability of the employee and the employer. 4. Termination of the employment contract after causing damage (harm) does not entail the release of the party to the employment contract from liability for compensation for the damage (harm) caused to the other party. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 121 1. The employer is obliged to compensate the employee for the wages not received by him and other payments due to him in case of illegal transfer to another job, exclusion of the employee from the workplace, unilateral change in the terms of the employment contract, suspension from work, termination of the employment contract. 2. Labor, collective agreements may establish additional cases of compensation by the employer for damage caused by illegal deprivation of the employee of the opportunity to work. Article 122 1. When causing harm to the life and (or) health of an employee in connection with the performance of his labor duties, the employer is obliged to compensate for the harm in the amount and in the manner provided for by the legislation of the Republic of Kazakhstan. 2. The harm provided for in paragraph 1 of this article shall be compensated in full if the employee does not have insurance payments , except for the case provided for in paragraph 3 of this article. In the presence of insurance payments, the employer is obliged to compensate the employee for the difference between the sum insured and the actual amount of harm. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated December 25, 2020 to the question dated December 23, 2020 No. 658680 (dialog.egov.kz) “Regarding insurance payments for compensation for harm to life and health caused to an employee in the performance of his labor duties » Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 30.06.17 No. 80-VI (came into force on January 1, 2020) ( see previous edition ) 3. When harm is caused to an employee associated with the establishment of the degree of loss of professional ability to work from five to twenty-nine percent inclusive, the employer is obliged to compensate the employee for lost earnings and expenses caused by damage to his health. The amount of expenses caused by damage to health, reimbursed by the employer during the period of establishing the degree of disability, cannot exceed two hundred and fifty monthly calculation indices established for the corresponding financial year by the law on the republican budget, at the time of payment. Payment for reimbursement of expenses caused by damage to health is carried out on the basis of documents confirming these expenses, submitted by the employee or the person who incurred these expenses. At the same time, expenses for medical care provided within the guaranteed volume of free medical care and in the system of compulsory social health insurance in accordance with the legislation of the Republic of Kazakhstan in the field of healthcare are not subject to reimbursement. See also: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 9, 1999 No. 9 “On some issues of application by the courts of the Republic of legislation on compensation for harm caused to health” The heading of Article 123 is set out in the wording of the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) Article 123 Paragraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 1. Material liability of an employee , an employee of the sending party for damage caused to the employer or the receiving party , occurs in cases provided for by this Code, other regulatory legal acts of the Republic of Kazakhstan and acts of the employer or acts of the receiving party . Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 2. Liability of the employee, employee of the sending party for damage caused to the employer or host party is excluded if the damage arose due to force majeure circumstances, as a result of which the proper performance of duties was impossible, or extreme necessity, necessary defense, as well as non-performance by the employer or by the receiving party of the obligation to ensure appropriate conditions for the safety of property transferred to the employee, the employee of the sending party. Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 3. An employee, an employee of the sending party shall be obliged to compensate the direct actual damage caused to the employer or the receiving party. Paragraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 4. Direct actual damage is understood as a real decrease in the cash property of the employer or host party or deterioration in the condition of the specified property (including property of third parties located at the employer or host party, if the employer or host party is responsible for the safety of this property), as well as the need for the employer or host to incur costs or unnecessary payments to acquire or restore property. Paragraph 5 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 5. It is unacceptable to lay on an employee, an employee of the sending party, liability for such damage that can be classified as a normal production and economic risk. Paragraph 6 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ); set out in the wording of the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 6. The employer or the receiving party is obliged to create the conditions necessary for the employees of the sending party to work normally and ensure the complete safety of the property entrusted to them. The provision of this paragraph does not apply to remote work, with the exception of combined remote work . Paragraph 7 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20, No. 386-VI ( see previous edition ) 7. List of positions and works occupied or performed by employees, employees of the sending party, with whom an agreement can be concluded on full individual or collective (solidary) liability for failure to ensure the safety of property and other valuables transferred to employees, employees of the sending party, as well as a standard contract on full liability are approved by the act of the employer or the act of the receiving party. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 10, 2021 to the question dated December 23, 2020 No. 658662 (dialog.egov.kz) of the employee for the damage caused”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated April 7, 2021 to the question dated March 16, 2021 No. 673895 (dialog.egov.kz) “The law does not provide for the payment of bonuses to an employee for imposing liability” Paragraph 8 has been amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 8. Liability for the full amount of damage caused to the employer or the host party is assigned to the employee, employee of the sending party in the following cases: Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1) failure to ensure the safety of property and other valuables transferred to the employee, employee of the sending party on the basis of a written agreement on the assumption of full liability; 2) failure to ensure the safety of property and other valuables received by an employee, an employee of the sending party against a report on a one-time document; 3) infliction of damage in a state of alcoholic, narcotic or substance abuse intoxication (their analogues); 4) shortage, deliberate destruction or deliberate damage to materials, semi-finished products, products (products), including during their manufacture, as well as tools, measuring instruments, special clothing and other items issued by the employer or the receiving party to the employee, the employee of the sending party for use ; 5) violation of the non-competition clause, which caused damage to the employer or the host; 6) in other cases specified in labor, collective agreements or acts of the receiving party. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Chapter 11. GUARANTEES AND COMPENSATION PAYMENTS Article 124. Guarantees in the performance of state or public duties by employees 1. The employer releases employees from the performance of labor duties for the time they are involved in state or public duties in cases provided for by the laws of the Republic of Kazakhstan , while retaining their place of work (position). 2. For the performance of state and public duties, wages to the employee are paid at the place of performance of these duties, but not lower than the average wage at the place of work. Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. For employees subject to conscription for fixed- term military service or military training, during the period of passage of the medical commission, the place of work (position), wages at the place of work are retained if there is a summons to call to local military authorities, and for the period of military service or military training, the place of work (position) is retained. An employee who retained his place of work (position) for the period of military service or military training, no later than one month from the date of exclusion from the lists of the military unit due to dismissal from military service or the end of military training, is obliged to begin his labor duties. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 9, 2021 to the question dated May 25, 2021 No. 686986 (dialog.egov.kz) “On the procedure for maintaining a time sheet and issuing orders when an employee is called up for urgent military service » Article 125. Guarantees for employees sent for medical examination periodic medical examinations at the expense of the employer , employees who are obliged to undergo them in accordance with this Code or a collective agreement retain their place of work (position) and average salary. Article 126. Guarantees for employees who are donors For an employee who is a donor, for the period of examination and donation of blood and its components, the place of work (position) and average salary are retained, and other guarantees are Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 provided in accordance with the legislation of the Republic of Kazakhstan in the field of healthcare. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated September 19, 2019 to the question dated September 16, 2019 No. 569044 (dialog.gov.kz) “On the number of days of rest that are provided to the donor”, Letter from the Ministry of Labor and Social Protection population of the Republic of Kazakhstan dated December 14, 2021 No. 04-1-04 / ZhT-M-5041 "On providing an employee with three days of rest for gratuitous blood donation" Chapter 11 is supplemented by Article 126-1 in accordance with the Law of the Republic of Kazakhstan dated 07.07.20 No. 361-VI Article 126-1. Guarantees for women up to twelve weeks pregnant Pregnant women at the time of examination and medical registration for pregnancy up to twelve weeks retain their place of work (position) and average salary, as well as other guarantees in accordance with the legislation of the Republic of Kazakhstan in the field of healthcare. Chapter 11 is supplemented by Article 126-2 in accordance with the Law of the Republic of Kazakhstan dated 07.07.20 No. 361-VI Article 126-2. Guarantees for employees who are donors of organs (parts of organs) and (or) tissues (parts of tissue) for transplantation For an employee who is a donor of organs (parts of organs) and (or) tissues (parts of tissue) for transplantation, for the period of examination and removal of organs (parts of organs) and (or) tissues (parts of tissue), the place of work (position) and the average salary payment, as well as other guarantees are provided in accordance with the legislation of the Republic of Kazakhstan in the field of healthcare. Article 127. Guarantees and compensation payments for employees sent on business trips 1. For the duration of the business trip, the employee retains the place of work (position) and wages for working days falling on the days of the business trip. 2. Employees sent on business trips are paid: 1) daily allowance for calendar days of being on a business trip, including travel time; 2) travel expenses to and from the destination; 3) the cost of renting a dwelling. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 24, 2019 No. 364412 (enbek.gov.kz) “Is it possible not to pay per diems if the employee is provided with food when sent on a business trip”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 4, 2021 to the question dated January 26, 2021 No. 664015 (dialog.egov.kz) “Providing an employee with food at the place of business trip is not a reason for non-payment of daily allowances”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 25, 2021 to the question dated March 4, 2021 No. 671886 (dialog.egov.kz) “On determining the date an employee is on a business trip to reimburse travel expenses” Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 3. Conditions and terms for sending employees on business trips are determined by labor, collective agreements or an act of the employer. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 When working remotely, an employee is sent on a business trip from the place of actual performance of labor duties, unless otherwise provided by labor, collective agreements or an act of the employer. 4. Sending on a business trip workers under the age of eighteen, pregnant women, as well as disabled workers is allowed if such work is not prohibited to them for medical reasons. At the same time, these employees have the right to refuse to be sent on a business trip. 5. Employees with children under the age of three, employees caring for sick family members or raising disabled children have the right to refuse to be sent on a business trip if, on the basis of a medical report, disabled children or sick family members need constant care. The article is supplemented by paragraph 6 in accordance with the Law of the Republic of Kazakhstan dated November 30, 2017 No. 112-VI 6. Reimbursement of expenses for business trips at the expense of budgetary funds, including to foreign states, is carried out in the manner determined by the Government of the Republic of Kazakhstan. The procedure for reimbursement of expenses for business trips at the expense of budgetary funds, including to foreign states, is developed by the central authorized body for budget planning. The law is supplemented by articles 127-1 and 127-2 in accordance with the Law of the Republic of Kazakhstan dated 06.04.16 No. 483-V Article 127-1. Guarantees for employees working in areas of environmental disaster and radiation risk Guarantees for employees carrying out labor activities in the zones of ecological disaster and radiation risk are established by the laws of the Republic of Kazakhstan. Article 127-2. Guarantees for employees, employees who took part in the peacekeeping operation Guarantees for workers, employees who took part in a peacekeeping operation are established by the laws of the Republic of Kazakhstan. Article 128. Compensation payments when transferring an employee to another locality together with the employer 1. When transferring an employee to work in another locality, together with the employer, the employer is obliged to reimburse the employee for the costs of: 1) relocation of the employee and members of his family; 2) transportation of property of the employee and members of his family. 2. The procedure and amounts of compensation payments provided for in paragraph 1 of this article are determined by labor, collective agreements or an act of the employer. Article 129. Compensation payments in connection with the use of personal property by an employee in the interests of the employer By agreement of the parties, when the employee uses personal property in the interests of the employer and with his consent, the employer makes a compensation payment for the use, wear (depreciation) of the tool, personal transport, other technical means and the costs of their operation. The heading is set out in the version of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 130 Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1. Employees, when their work takes place on the road or has an itinerant nature, or is associated with business trips within the serviced areas, settlements, compensation payments are made for each day they are outside their permanent place of residence in the manner prescribed by the agreement, collective, labor contracts and ( or) an act of the employer. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. Employees whose permanent work takes place on the road or has a traveling character or is associated with business trips within the serviced areas, settlements, include employees of railway, river, sea, road transport, civil aviation, roads, gas distribution systems (including including when traveling within settlements), main pipelines, main communication lines and structures on them, radio relay lines and structures on them, overhead power lines and structures on them, communication facilities, as well as employees serving sections of the State Border of the Republic of Kazakhstan. 3. If the employees are not on the road all the working days of the month, the payment is made in proportion to the actual number of days of travel to the place of work (performance of work) and back. Article 131. Compensation payments in connection with the loss of work 1. The employer makes compensation payments in connection with the loss of work in the amount of the average monthly salary in the following cases: 1) upon termination of the employment contract at the initiative of the employer in the event of liquidation of the employer - a legal entity or termination of the activities of the employer - an individual; 2) upon termination of the employment contract at the initiative of the employer in the event of a reduction in the number or staff of employees; 3) upon termination of the employment contract at the initiative of the employee in case of non-fulfillment by the employer of the terms of the employment contract. 2. The employer makes compensation payments in connection with the loss of work upon termination of the employment contract at the initiative of the employer in the event of a decrease in the volume of production, work performed and services rendered, which led to a deterioration in the economic condition of the employer, in the amount of the average salary for two months. 3. An employment contract, collective agreement or act of the employer may provide for a higher amount of compensation payment in connection with the loss of a job. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 17, 2019 to the question dated October 15, 2019 No. 575417 (dialog.gov.kz) “On the calculation of compensation payment in connection with the loss of a job, in the amount of the average monthly salary » Article 132. Procedure and conditions for payment of field allowances 1. Field allowance is paid to employees of geological exploration, topographic and geodetic, surveying organizations when performing work in the field: 1) outside the permanent place of residence without a daily return to the permanent place of residence; 2) outside the permanent place of residence, but with a daily return to the base of the field organization, which is also not a permanent place of residence; 3) outside the permanent place of residence by organizing work on a rotational basis. 2. The procedure, conditions for payment and the amount of field allowance, accounting for time spent in the field are established in agreements, collective, labor contracts and approved by the employer's act. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 133. Payment of social benefits to employees for temporary disability at the expense of the employer 1. The employer is obliged to pay social benefits to employees for temporary disability at their own expense. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 02.07.18 No. 165-VI ( see previous edition ); Law of the Republic of Kazakhstan No. 321-VI dated 04.05.20 ( see previous edition ) 2. The basis for the payment of social benefits for temporary disability are sheets of temporary disability issued in the manner determined by the authorized body in the field of healthcare. 3. Social benefits for temporary disability are paid to employees from the first day of disability until the day of restoration of working capacity or until disability is established in accordance with the legislation of the Republic of Kazakhstan. 4. Social allowance for temporary disability is not paid: 1) to an employee whose temporary incapacity for work has occurred as a result of work- related injuries received when he committed a criminal offense , in the event that guilt is established by a court verdict that has entered into legal force; 2) during the period of compulsory treatment of an employee by court order (except for the mentally ill); 3) for the time the employee was under arrest and for the time of the forensic medical examination if his guilt is established by a valid sentence or court order; Subparagraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4) in case of temporary incapacity for work of an employee due to diseases or industrial injuries resulting from the use of alcohol, narcotic drugs, psychotropic substances, their analogues and precursors; 5) for days of temporary incapacity for work attributable to paid annual labor leave; The paragraph was supplemented with subparagraphs 6 and 7 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 6) for days of temporary incapacity for work attributable to unpaid leave; 7) for days of temporary incapacity for work attributable to unpaid leave to care for a child until the child reaches the age of three years. 5. The amount of social benefit for temporary disability is determined by the Government of the Republic of Kazakhstan, the procedure for appointment and payment - by the authorized state body for labor. Employers have the right to establish additional payments to employees in addition to the amount of social benefits for temporary disability established by the legislation of the Republic of Kazakhstan. Chapter 12 Article 134. Seasonal work 1. Seasonal works are those that, due to climatic or other natural conditions, are performed during a certain period (season), but not more than one year. 2. The employment contract must specify the condition for concluding a contract for the performance of seasonal work and a certain period of their performance. 3. When concluding an employment contract for seasonal work, a probationary period in order to verify the compliance of the employee with the work assigned to him is not established. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 4. An employment contract with employees engaged in seasonal work, in addition to the grounds provided for in Article 52 of this Code, may be terminated at the initiative of the employer in the following cases: 1) suspension of work at the employer for a period of more than two weeks for production reasons; 2) the employee's absence from work for one month in a row due to temporary incapacity for work. Paragraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 5. An employee engaged in seasonal work has the right to terminate the employment contract on his own initiative, notifying the employer about it seven calendar days in advance. Paragraph 6 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 6. The employer is obliged to notify the employee engaged in seasonal work of the upcoming termination of the employment contract on the grounds provided for in subparagraphs 1) and 2) of paragraph 1 of Article 52 of this Code, seven calendar days in advance. 7. When terminating an employment contract with an employee engaged in seasonal work, the employer makes a compensation payment for unused vacation in proportion to the hours worked. 8. Upon termination of an employment contract with an employee engaged in seasonal work, on the grounds provided for in subparagraphs 1) and 2) of paragraph 1 of Article 52 of this Code, compensation is paid in the amount of a two-week average wage. Article 135 1. The shift method is a special form of carrying out the labor process outside the place of permanent residence of employees, when their daily return to their permanent place of residence cannot be ensured. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. The employer is obliged to provide employees working on a rotational basis during their stay at the work site with housing and organize their meals to ensure their livelihoods, delivery from the collection point to the place of work and back, as well as conditions for performing work and rest between shifts. The employer determines the procedure for applying the rotational method of work, and also provides the necessary conditions for the employee to stay at the work site and in places specially equipped for living (camps), in accordance with labor, collective agreements and (or) the regulation on the rotational method of work, approved employer. The employee is obliged, while on shift, to comply with the schedule established by the employer at the work site and in places specially equipped for living (camps). Paragraph 3 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. Work performed on a rotational basis is not allowed for workers under the age of eighteen, pregnant women with a pregnancy of twelve or more weeks who have provided a certificate of pregnancy, disabled people of the first group from the date of the provision of a medical report. Other employees may be involved in work performed on a rotational basis, if such work is not contraindicated for them on the basis of medical reports. 4. A shift is a period that includes the time of work at the facility and the time between shifts of rest. The duration of the watch cannot exceed fifteen calendar days. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 With the written consent of the employee, the duration of the shift may be increased up to thirty calendar days in accordance with the collective, labor contracts. For crew members of sea vessels, with the consent of the employee, the duration of the watch may be increased up to one hundred and twenty calendar days. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated April 3, 2020 to the question dated March 30, 2020 No. 603006 (dialog.gov.kz) “On increasing the duration of the shift due to the extension of quarantine”, Answer of the Minister of Labor and Social Protection of the population of the Republic of Kazakhstan dated December 3, 2021 to the question dated November 22, 2021 No. 715834 (dialog.egov.kz) “Engaging an employee to work during the period between shifts is not considered a continuation of the shift” Paragraph 5 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5. With the rotational method of work, a summary accounting of working time is established for a quarter or another longer period, but not more than one calendar year, or the period for performing certain work. For the period of replacement of a temporarily absent employee working on a rotational basis, it is allowed to change the working hours (from a five-day or six-day working week) by agreement of the parties to the employment contract to work on a rotational basis, followed by providing the employee with days (hours) of rest for overworked hours. 6. Working time and rest time within the accounting period are approved by the shift work schedule (shift schedule). The accounting period covers working time, rest time, travel time from the location of the employer or from the collection point to the place of work and back, as well as other periods falling on a given calendar period of time. In this case, the total duration of working time for the accounting period should not exceed the norm established by this Code. The employer is obliged to keep records of the working time and rest time of each employee working on a rotational basis. Time spent on the road from the location of the employer or from the collection point to the place of work and back is not included in working time. If the working shift lasts more than eight hours, a break for rest and eating is set for at least one hour. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 20, 2019 No. 364916 (enbek.gov.kz) “On accounting for overtime hours with a rotational work method” 7. Payment for the work of employees working on a rotational basis at night, weekends and holidays is made no later than the date of payment of wages for the month worked, provided for by labor, collective agreements. Article 136 Domestic workers 1. Domestic workers are recognized as employees performing work (providing services) for employers - individuals in a household run by one or more family members, if the work (services) are performed (provided) not for the purpose of generating income by the employer and (or) for employer. 2. The issuance of an act on hiring or termination of labor relations with a domestic worker and entering information about his work in the work book by the employer is not carried out. Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3. The terms for notification of the termination (cancellation) of the employment contract with a domestic worker, as well as the cases and amounts of compensation payments in connection with the loss of work, are established by the employment contract. 4. Individual labor disputes between a domestic worker and an employer are resolved by agreement of the parties and (or) in court. Article 137. Home workers 1. Home workers are persons who have concluded an employment contract with the employer on the performance of work at home by personal labor with their own materials and using their own equipment, tools and appliances or allocated by the employer or purchased at the expense of the employer. 2. The performance of work at home by an employee can be established both at the conclusion of an employment contract and during the term of the employment contract by making appropriate changes to the employment contract. 3. An employment contract on the performance of work at home must necessarily provide for the conditions on: 1) performance of work using equipment, materials, tools and devices owned by the employee or allocated by the employer or purchased at the expense of the employer; 2) the procedure and terms for providing the employee with raw materials, materials, semi- finished products necessary for the performance of work; 3) compensation and other payments to the employee. The Code is supplemented by Article 137-1 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI Article 137-1. The procedure for the implementation of activities for the provision of services for the provision of personnel 1. The sending party concludes an employment contract or an additional agreement to the employment contract and sends employees to the receiving party for the employees of the sending party to perform the labor functions determined by their employment contracts, in the interests, under the management and control of the receiving party. The sending party is an employer for the employees of the sending party and has the rights and obligations provided for by this Code. 2. The direction of the employee of the sending party to the receiving party is allowed after the signing by the employee and the sending party of an employment contract or an additional agreement to the employment contract indicating the place of work at the receiving party. The direction of the employee of the sending party to the receiving party to perform hard work, work with harmful and (or) dangerous working conditions is allowed subject to the availability of the results of certification of production facilities for the working conditions of the receiving party, as well as familiarization of the employee of the sending party with such results at his workplace. In the case when the sending party carries out activities under the contract for the provision of services for the provision of personnel, the class of occupational risk of the sent employee must comply with the requirements of the Law of the Republic of Kazakhstan "On Compulsory Insurance of an Employee against Accidents in the Performance of Labor (Official) Duties". The sending party is not entitled to send, and the receiving party is not entitled to admit to the workplace an employee of the sending party who is not insured under compulsory insurance of the employee against accidents in the performance of his labor (service) duties. 3. It is allowed to send employees of the sending party to the receiving party in the following cases: 1) to perform work in the household of individuals; 2) for the period of performance of certain work; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3) for the period of replacement of a temporarily absent employee; 4) for the duration of seasonal work. 4. The date of completion of work by the employee of the sending party at the receiving party is the day specified in the notification sent by the receiving party to the sending party about the expiration of the term for attracting the workers of the sending party by the receiving party. 5. It is not allowed to send employees of the sending party to the receiving party to perform work in the following cases: 1) replacement of employees participating in the strike in accordance with the procedure established by the legislation of the Republic of Kazakhstan; 2) replacement of employees who refused to perform work in the cases and in the manner established by the labor legislation of the Republic of Kazakhstan, with the exception of the deterioration of the employee's health; 3) downtime, implementation of the bankruptcy procedure , the introduction of a part-time work regime in order to save jobs with the threat of dismissal of employees. 6. The conditions and procedure for the performance of work by the employees of the sending party are determined by the contract for the provision of services for the provision of personnel, which is concluded between the sending and receiving parties in accordance with the civil legislation of the Republic of Kazakhstan. The provisions of the contract for the provision of services for the provision of personnel, worsening the position of the employees of the sending party in comparison with the labor legislation of the Republic of Kazakhstan, are recognized as invalid and are not subject to application. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 15, 2021 to the question dated January 26, 2021 No. 664191 (dialog.egov.kz) “Provision of workers of the sending party with a social package (food, staffing services" 7. The receiving party is obliged to observe the rights of the employees of the sending party when regulating the regime of work and rest provided for by the labor legislation of the Republic of Kazakhstan. 8. It is prohibited for the receiving party to allow discrimination in the field of remuneration in relation to the employees of the sending party when concluding a contract for the provision of services for the provision of personnel. 9. An employee of the sending party has the right to refuse to perform work in the event of a situation that poses a threat to his health or life, with the notification of the representative of the receiving party and the representative of the employer, and also has other rights and bears the obligations provided for by this Code. 10. The receiving party has the right: 1) require employees of the sending party to comply with the terms of the employment contract, labor regulations and other acts of the receiving party; 2) encourage employees of the sending party in the manner prescribed by the act of the receiving party; 3) for compensation for damage caused by the employee of the sending party in the performance of labor duties. 11. The receiving party is obliged: 1) to acquaint the employee of the sending party with the labor regulations, other acts of the host party that are directly related to work (labor function); 2) provide employees of the sending party with production and living conditions in accordance with the labor legislation of the Republic of Kazakhstan; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3) provide employees of the sending party with equipment, tools, technical documentation and other means necessary for the performance of their labor duties at their own expense; 4) suspend work if its continuation poses a threat to the life, health of the employee of the sending party and other persons; 5) notify the employee of the sending party about harmful and (or) dangerous working conditions and the possibility of occupational disease; 6) take measures to prevent risks in the workplace and in technological processes, carry out preventive work, taking into account production and scientific and technological progress; 7) keep records of working time, including overtime work, work on weekends and holidays, in harmful and (or) dangerous working conditions, in hard work performed by each employee of the sending party. 12. In case of violation of labor discipline by an employee of the sending party, the receiving party, within five working days from the date of discovery of this fact, notifies the sending party to make a decision on bringing him to disciplinary responsibility in accordance with the labor legislation of the Republic of Kazakhstan. 13. Liability of the employee of the sending party for damage caused to the receiving party occurs in the cases provided for in Article 123 of this Code, the regulatory legal acts of the Republic of Kazakhstan, as well as the employment contract. 14. Labor relations of employees of the sending party are carried out in accordance with this Code, the laws of the Republic of Kazakhstan and the employment contract. See: Letter of the Deputy Prime Minister of the Republic of Kazakhstan dated June 12, 2021 No. 21-09/3052 dz “Regarding the restriction of the use of forms of agency work in the quasi-public sector, the transition to a policy of full-fledged labor relations and the creation of a political institution - the commissioner for labor rights” Article 138 is set out in the wording of the Law of the Republic of Kazakhstan dated 01.07.21 No. 61-VII ( see previous edition ) Article 138. Remote work 1. Remote work is established both at the conclusion of an employment contract and during the term of the employment contract with the introduction of appropriate amendments and additions to the employment contract. For employees performing official (official) duties without concluding an employment contract, whose work is regulated by this Code with the features provided for by special laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, including those in military service, employees of special state and law enforcement agencies, civil servants, the procedure and terms of remote work, the provision of equipment necessary for the performance of labor duties, informatization objects in accordance with the legislation of the Republic of Kazakhstan on informatization, communication services and other means, reimbursement of expenses are determined by the act of the employer. 2. At the initiative of an employee or employer, by agreement of the parties, remote work or combined remote work may be established . 3. During the introduction of a state of emergency or martial law, the declaration of an emergency or the introduction of other restrictive measures, including quarantine, by decision of state bodies or their officials, as well as in other exceptional cases that endanger the life or health of employees, the employer has the right by an act of the employer to temporarily establish remote work or combined remote work, indicating the reasons, until the above cases are eliminated. At the same time, the provision of employees with the equipment necessary for the performance of labor duties, informatization objects in accordance with the legislation of the Republic of Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Kazakhstan on informatization, communication services and other means, as well as reimbursement of expenses are determined by the act of the employer. The act of the employer must contain: 1) the basis for the temporary establishment of remote work and (or) combined remote work; 2) a list of employees in respect of which remote work and (or) combined remote work is temporarily established; 3) the period of remote work and (or) combined remote work, not exceeding the date of elimination of the case that served as the basis for the temporary establishment of remote work and (or) combined remote work. 4. The employer, the host party shall provide the employee with the equipment necessary for the performance of labor duties, informatization objects in accordance with the legislation of the Republic of Kazakhstan on informatization, communication services and other means. The employer bears the costs of their installation and maintenance. The employee is obliged to use equipment, informatization objects in accordance with the legislation of the Republic of Kazakhstan on informatization, communication services and other means provided by the employer, the host party in the process of performing labor duties. In the event that an employee uses his own equipment, informatization objects in accordance with the legislation of the Republic of Kazakhstan on informatization and other means to perform labor duties, and also bears the costs of paying for communication services, the employer pays compensation, the amount, procedure and term of payment of which are established by agreement with an employee. By agreement of the parties, an employee engaged in remote work may also be reimbursed for other reasonable expenses, including the cost of electricity, related to the performance of work for the employer, the host party. See: Answer of the Chairman of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan dated November 12, 2021 to the question dated November 5, 2021 No. 713261 (dialog.egov.kz) “Reimbursement by the employer of expenses for paying utility bills to a remote worker is recognized as income of such an employee, subject to taxation of PIT, and is also subject to the calculation of social tax” 5. For employees engaged in remote work, a fixed accounting of working hours is established subject to restrictions on the daily length of working hours, the features of control over which are determined in the employment contract or in the act of the employer. The employee within working hours must be available to communicate with the employer, the host. The employer, the host party is not entitled to demand that the employee be in the availability mode outside working hours, except for the cases provided for in paragraph 2 of Article 77 and Article 86 of this Code. If it is necessary to perform remote work outside the established working hours, the involvement of an employee to work is allowed only with his written consent with payment in an increased amount in accordance with Articles 108 , 109 and 110 of this Code. When working remotely, when the performance of work cannot be fixed by the employer, the host party with a specific time, the working time is noted in the document on recording working hours as the fulfillment of the scope of work established by the employment contract, the act of the employer. By agreement of the parties to the employment contract for employees engaged in remote work, a flexible working time regime may be established in accordance with Article 74 of this Code. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 6. Wages for remote work are paid in full when performing the scope of work stipulated by the employment contract and the act of the employer, depending on the qualifications of the employee, the complexity and quality of the work performed. 7. In order to ensure the safety and labor protection of employees during the period of their remote work, the employer performs the duties provided for in subparagraphs 2), 3), 8), 10), 11), 14), 16) and 17) of paragraph 2 of Article 182 of this of the Code, the host party fulfills the obligations provided for in subparagraphs 3), 8), 9) and 10) of paragraph 2 of Article 182-1 of this Code, and the employer or host party develops and issues an act of the employer, an act of the host party with requirements for safety and security labor when working with equipment, informatization objects in accordance with the legislation of the Republic of Kazakhstan on informatization and other means. Other obligations of the employer, the host party to ensure safety and labor protection, established by this Code, do not apply to employees during the period of remote work, unless otherwise provided in the labor, collective agreements, act of the employer, act of the host party. 8. In order to protect official, commercial or other secrets protected by law, which became known to the employee in the process of remote work, the employment contract or act of the employer, act of the host party provides for the preservation and non-disclosure of this information of the employer, information of the host party. 9. Labor relations of employees engaged in remote work are carried out in accordance with this Code, taking into account the specifics established by this article, the employment contract, the act of the employer. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 2, 2019 (enbek.gov.kz) “On concluding an employment agreement for remote work with a citizen of the Russian Federation” Article 139. Civil service 1. Admission to the civil service is carried out in the order of appointment or by competition . 2. The competition is organized and conducted by a state institution, a state-owned enterprise that has a vacant position. 3. Recruitment to the civil service is carried out by concluding an employment contract and issuing an act of the employer. corruption offense cannot be accepted into the civil service for a position related to the performance of managerial functions . 5. The development and approval of the register of positions of civil servants are carried out by the authorized state bodies of the relevant areas of activity in agreement with the authorized state body for labor. 6. A civil servant is not entitled to: 1) use for non-official purposes the means of material and technical, financial and information support, other state property and official information; 2) participate in actions that impede the normal functioning of the civil service and the performance of official duties; 3) use his official position for purposes not related to the civil service; 4) disclose information that became known during the period of civil service, constituting state secrets , official and other secrets protected by law. 7. The procedure and conditions for the certification of civil servants are determined by the authorized state body of the relevant field of activity. 8. A civil servant, upon his written application, may be transferred to work in another state institution, a state-owned enterprise, as agreed between the heads of the relevant organizations. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Paragraph 9 was amended in accordance with the Law of the Republic of Kazakhstan dated 15.06.17 No. 73-VI (came into force on January 1, 2019) ( see previous edition ) 9. Remuneration of labor of civil servants maintained at the expense of the state budget is determined by the Government of the Republic of Kazakhstan. Specialists in the field of health care, social security, education, culture, sports, veterinary medicine, forestry and specially protected natural areas, who are civil servants and work in rural areas, by decision of local representative bodies at the expense of budgetary funds, are set to be increased by at least twenty-five percent official salaries and tariff rates in comparison with the salaries and rates of civil servants engaged in these types of activities in urban conditions, unless otherwise provided by the laws of the Republic of Kazakhstan. The list of positions of specialists in the field of healthcare, social security, education, culture, sports, veterinary medicine, forestry and specially protected natural areas, who are civil servants and work in rural areas, is determined by the local executive body in agreement with the local representative body. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 25, 2020 to the question dated February 14, 2020 No. 595257 (dialog.gov.kz) “Workers with an average level of qualification also belong to specialists” 10. Civil servants maintained at the expense of the state budget are provided with a basic paid annual leave of at least thirty calendar days with the payment of a health improvement allowance in the amount of their official salary. Rehabilitation allowance for civil servants is paid once in a calendar year upon provision of paid annual leave. The heading has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 140 Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. The conclusion and termination of an employment contract, the procedure and conditions for remuneration, bringing to material and disciplinary liability, dismissal from work of the head of the executive body, members of the collegial executive body of a legal entity, as well as employees of the internal audit service and the corporate secretary are carried out in accordance with this Code , other regulatory legal acts of the Republic of Kazakhstan, documents approved by the founders, the owner of the legal entity's property or authorized by the founders, the owner of the person (body) or the authorized body of the legal entity, regulations on the executive body, the internal audit service, the corporate secretary of the legal entity and the employment contract. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. If the sole founder (participant, shareholder) is the sole executive body of a legal entity, then an employment contract is not concluded. Labor relations are formalized by the employer's act of employment, which must contain the labor function, the period of employment, the date of commencement of work, the place of work, as well as the amount and other conditions of remuneration. In the event of a change in the composition of the founders (participants, shareholders), a new employment contract is concluded with the head of the executive body, members of the collegial executive body of the legal entity or labor relations with them are terminated on the basis of the decision of the founders, the owner of the property of the legal entity or authorized by the founders, the owner of the person (body) or authorized body of a legal entity. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Paragraph 3 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. In case of appointment (election, approval in position) of the head of the executive body, members of the collegial executive body of the legal entity, as well as employees of the internal audit service and the corporate secretary for a new term, the employment contract is amended and supplemented accordingly. 4. The act of the employer on the acceptance and termination of the employment contract is signed by a person authorized to do so by the decision of the founders, the owner of the property of the legal entity or authorized by the founders, the owner of the person (body) or the authorized body of the legal entity, or documents approved by them. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 26, 2021 to the question dated August 2, 2021 No. 698504 (dialog.egov.kz) “On the signing of employer’s acts on the appointment or termination of employment with the first head and head of the executive body of the LLP » Paragraph 5 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5. A disciplinary sanction is imposed on the head and other members of the collegial executive body of a legal entity, employees of the internal audit service and the corporate secretary immediately after the discovery of a disciplinary offense, but no later than two months from the date of its discovery. The procedure for applying disciplinary sanctions to the head and other members of the collegial executive body of a legal entity, employees of the internal audit service and the corporate secretary is established by an act of the employer, approved by the decision of the founders, the owner of the property of the legal entity or authorized by the founders, the owner of the person (body) or the authorized body of the legal entity, taking into account features of the legislation of the Republic of Kazakhstan and constituent documents of a legal entity. 6. Features of labor regulation of the head of the executive body of a legal entity, provided for by this Code, apply to the sole executive body of the legal entity, as well as to other members of the collegial executive body of the legal entity. Article 141 The labor of employees related to aviation personnel of civil and experimental aviation, directly related to flight safety, is regulated by this Code with the features provided for by the Law of the Republic of Kazakhstan "On the use of the airspace of the Republic of Kazakhstan and aviation activities" and other regulatory legal acts of the Republic of Kazakhstan that establish special norms the duration of the working hours and rest time, taking into account international standards and regulations in the field of civil aviation. Article 142 The labor of employees related to members of the crews of sea vessels (sailing personnel) is regulated by this Code with the features provided for by the Law of the Republic of Kazakhstan "On Merchant Shipping" and other regulatory acts of the Republic of Kazakhstan that establish the specifics of labor regulation, remuneration, working hours and rest time of members crews of sea vessels (swimming composition). Article 143 work of civil servants , deputies of the Parliament and maslikhats , judges of the Republic of Kazakhstan is regulated by this Code with the specifics provided for by the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, establishing special Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 conditions and procedures for entering the service, its passage and termination, special working conditions, conditions remuneration, as well as additional benefits, benefits and restrictions. The Code is supplemented by Article 143-1 in accordance with the Law of the Republic of Kazakhstan dated 11/26/19 No. 273-VI Article 143-1. Regulation of the labor of persons subject to the requirements of the Law of the Republic of Kazakhstan "On Combating Corruption" labor of persons subject to the requirements of the Law of the Republic of Kazakhstan "On Combating Corruption" is regulated by this Code with the specifics provided for by the Law of the Republic of Kazakhstan "On Combating Corruption". Article 144 The labor of persons in military service , employees of special state , law enforcement agencies and state courier service is regulated by this Code with the features provided for by special laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, establishing special conditions and procedures for entering the service, its passage and termination , special working conditions, remuneration conditions, as well as additional benefits, benefits and restrictions. Article 145. Regulation of labor of employees of the National Bank of the Republic of Kazakhstan and its departments The work of employees of the National Bank of the Republic of Kazakhstan and its departments is regulated by this Code with the specifics provided for by the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" and other regulatory legal acts of the Republic of Kazakhstan and acts of the National Bank of the Republic of Kazakhstan establishing special conditions for appointment to a position, termination of an employment contract , special working conditions, the system and conditions of remuneration, as well as advantages and limitations. The Code is supplemented by Article 145-1 in accordance with the Law of the Republic of Kazakhstan dated 03.07.19 No. 262-VI (came into force on January 1, 2020) Article 145-1. Regulation of labor of employees of the authorized body for regulation, control and supervision of the financial market and financial organizations The work of employees of the authorized body for regulation, control and supervision of the financial market and financial organizations is regulated by this Code with the specifics provided for by the Law of the Republic of Kazakhstan “On state regulation, control and supervision of the financial market and financial organizations”, other regulatory legal acts of the Republic of Kazakhstan and acts of the authorized body on the regulation, control and supervision of the financial market and financial organizations, establishing special conditions for appointment to a position, termination of an employment contract, special working conditions, remuneration conditions, as well as additional benefits, advantages and restrictions. Article 146 The labor of employees who are members of the trade union bodies of a trade union is regulated by this Code with the specifics provided for by the Law of the Republic of Kazakhstan “On Trade Unions”. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 SECTION 3. SOCIAL PARTNERSHIPS AND COLLECTIVE RELATIONS IN THE SPHERE OF WORK Chapter 13. SOCIAL PARTNERSHIP IN THE SPHERE OF LABOR Article 147. Bodies, principles and tasks of social partnership 1. The parties to the social partnership are the state represented by the relevant executive bodies, employees and employers represented by their representatives duly authorized. 2. Social partnership is provided in the form of interaction of the parties through the bodies of social partnership: 1) at the republican level - by the republican tripartite commission on social partnership and regulation of social and labor relations (hereinafter - the republican commission); 2) at the sectoral level - by sectoral commissions for social partnership and regulation of social and labor relations (hereinafter referred to as the sectoral commission); 3) at the regional (regional, city, district) level - by regional, city, district commissions for social partnership and regulation of social and labor relations (hereinafter referred to as the regional commission); 4) at the level of organizations in the form of collective agreements that establish specific mutual obligations in the field of labor between representatives of employees and the employer based on the legislation of the Republic of Kazakhstan. 3. Permanent republican, branch, regional commissions are formed on the basis of the following principles: 1) mandatory participation of representatives of executive authorities, representatives of employers and employees in the activities of commissions; 2) powers of the parties; 3) parity representation; 4) equality of the parties; 5) mutual responsibility of the parties. 4. The personal composition of the commission participants is formed by each party of the social partnership independently. 5. Social partnership in the Republic of Kazakhstan is aimed at solving the following tasks: 1) creation of an effective mechanism for regulating social, labor and related economic relations; 2) assistance in ensuring social stability and public harmony on the basis of an objective consideration of the interests of all sections of society; 3) assistance in ensuring the guarantees of the rights of workers in the sphere of labor, the implementation of their social protection; 4) facilitating the process of consultations and negotiations between the parties to the social partnership at all levels; 5) assistance in resolving collective labor disputes; 6) development of proposals for the implementation of state policy in the field of social and labor relations. Article 148. Organization of social partnership 1. The Republican, sectoral and regional commissions are permanent bodies to ensure the coordination of the interests of the parties to the social partnership through consultations and negotiations, which are formalized by the relevant decisions binding on the parties. 2. Ensuring the organization of social partnership is assigned to: Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1) at the republican level - to the authorized state body for labor; 2) sectoral level - to the authorized state bodies of the relevant fields of activity; 3) at the regional level - to the local executive bodies of the respective administrative-territorial unit. For the purposes of this Code, the list of industries is established by the republican commission. Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. Representatives of the parties are: 1) at the republican level - authorized representatives of the Government of the Republic of Kazakhstan, republican associations of trade unions, republican associations (associations, unions) of employers, republican associations for small business; 2) at the industry level - authorized representatives of the authorized state bodies of the relevant fields of activity, industry trade unions, industry associations (associations, unions) of employers, and in their absence - industry organizations; 3) at the regional level: at the level of the region, city of republican significance, the capital - authorized representatives of local executive bodies, territorial associations of trade unions, regional or city of republican significance and the capital of an association (association, union) of employers, regional or city of republican significance and the capital of an association for small business; at the level of a district, a city of regional significance - authorized representatives of local executive bodies, a district or city of regional significance, small business associations, territorial associations of trade unions. The personal composition of the commission participants is formed by each party of the social partnership independently. Representatives of the parties to the social partnership are vested with equal rights and powers. 4, 5. Excluded in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 149. The right to negotiate on the preparation of agreements 1. Any of the parties to the social partnership has the right to initiate negotiations on the development, content, conclusion, amendment, addition of an agreement. 2. If there are several representatives authorized by employees and employers at the republican, sectoral, regional levels, each of them is granted the right to negotiate on the basis of the principle of proportional representation, depending on the number of represented employees and employers. Article 150. Procedure for negotiating, developing and concluding agreements 1. The parties that have received written proposals to start negotiations from the other party are obliged to consider them within ten calendar days and start negotiations. If there are disagreements between the parties on certain provisions of the agreements, the parties must sign the agreement on agreed terms with the simultaneous drawing up of a protocol of disagreements within three months from the date of the start of negotiations. If the parties could not reach an agreement, a protocol is drawn up, in which the final proposals of the parties are entered on the elimination of differences and the timing of the resumption of negotiations. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2. The procedure for conducting negotiations, the terms for the development and conclusion of agreements, as well as the introduction of amendments and additions to them, are approved by the commissions. 3. Agreements come into force from the moment they are signed by the parties or from the date specified in the agreements. All appendices to agreements are their integral part and have equal legal force with them. 4. The term of the agreement is established by agreement of the parties or until the adoption of a new agreement, but cannot exceed three years. 5. In cases where employees are simultaneously subject to several agreements, the most favorable terms of the agreements for employees are applied if there are written applications from employees. 6. Decisions of the commissions are made only on the basis of reaching the consent of all parties in the negotiations and are formalized by the relevant agreements. The procedure for making decisions and organizing work is developed and approved by the commissions. 7. General, sectoral, regional agreements are fixed by the signatures of representatives of the parties to the social partnership. Article 151. Registration of agreements 1. Branch, regional agreements signed by the parties with annexes shall be sent for notification registration within ten days. 2. Registration of sectoral and regional agreements concluded at the regional level is carried out by the authorized state body for labor. 3. Registration of sectoral and regional agreements concluded at the city, district levels is carried out by local executive bodies. Article 152. Parties, types of social partnership agreements Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. At the republican level, a general agreement is concluded between the Government of the Republic of Kazakhstan, republican associations (associations, unions) of employers and republican associations (associations, unions) of trade unions. 2. At the industry level, industry agreements are concluded between the authorized state bodies of the relevant field of activity, authorized representatives of employers and industry trade unions. 3. At the regional level, regional (regional, city, district) agreements are concluded between local executive bodies and authorized representatives of employers and territorial associations of trade unions. Article 153. Content of social partnership agreements 1. Agreements must include provisions for: 1) on the validity period; 2) on the procedure for monitoring compliance; 3) on the procedure for making changes and additions to the agreement; 4) on the liability of the parties in case of failure to fulfill their obligations. 2. The content of the general agreement is determined by the republican commission based on the draft general agreement submitted by all parties to the social partnership or one of them. 3. The content of the sectoral and regional agreements is determined by the sectoral and regional commissions on the basis of draft agreements submitted by all parties to the social partnership or one of them. 4. The general agreement must provide for the following provisions: Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1) on consideration of draft laws in the field of social and labor relations; 2) on measures to prevent and prevent social and labor conflicts and strikes; 3) on the development of the labor market, the promotion of effective employment of the population; Paragraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see old version ) 4) on approval of the national qualifications framework; 5) on conditions and labor protection, industrial and environmental safety; 6) on the development of social partnership and dialogue; 7) on the procedure for the formation and activities of a group of observers to participate in the development and adoption of agreements at the sectoral and regional levels. 5. Industry agreements should provide for the following provisions: Subparagraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1) on the consideration of program and strategic documents of the relevant industry; 2) on the development of social partnership and dialogue in the industry; 3) on measures to prevent and prevent social and labor conflicts and strikes; Subparagraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4) on the basic principles of the industry remuneration system, including the establishment of: minimum tariff rates (salaries) in the industry; minimum values of interdigit coefficients; a unified procedure for establishing additional payments to employees engaged in heavy work, work with harmful and (or) dangerous working conditions; Subparagraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5) on approval of the sectoral qualifications framework; 6) - 9) are excluded in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 6. Regional agreements should include provisions on: 1) development of social partnership and dialogue in the region; Subparagraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2) consideration of program and strategic documents of the region; 3) measures to prevent and prevent social and labor conflicts and strikes; 4) assistance to employers and employees' representatives in settling labor disputes; 5) taking measures aimed at ensuring employment and reducing unemployment; Subparagraph 6 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 6) activities of the Council for the Prevention and Resolution of Collective Labor Disputes. 7. The provisions of the agreement, which worsen the position of the employee in comparison with the labor legislation of the Republic of Kazakhstan, are recognized as invalid and are not subject to application. Article 154 1. The effect of the general agreement extends to state bodies, employers, employees represented by their representatives duly authorized. 2. The effect of the industry agreement applies to state bodies of the relevant field of activity, employers, employees and their representatives of the relevant industry. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated July 17, 2019 No. 361984 (enbek.gov.kz) “After the official publication of the industry agreement, it applies to all employers, employees and their representatives of the relevant industry” 3. Action of the regional agreement extends to local executive bodies, employers, workers and their representatives of the corresponding administrative-territorial unit. 4. The agreements also apply to organizations registered in the territory of the Republic of Kazakhstan, whose property owners, founders (participants) or shareholders of which are foreign citizens or foreign legal entities or legal entities with foreign participation, as well as branches and representative offices of foreign legal entities. 5. The authorized state body for labor at the republican level, state bodies of the relevant field of activity at the sectoral level and local executive bodies at the regional levels are required to officially publish agreements within thirty calendar days from the date of their signing. 6. Control over the implementation of agreements is carried out by the parties to the social partnership. 7. Evasion of representatives of the parties from participating in negotiations on the conclusion, amendment, addition of agreements or unreasonable refusal to sign an agreement, violation of the terms of negotiations and failure to ensure the work of the relevant commission, failure to provide information necessary for negotiating and monitoring compliance with the provisions of agreements, as well as violation or non-fulfillment of their conditions entails liability established by the laws of the Republic of Kazakhstan. Article 155. Public control over compliance with the labor legislation of the Republic of Kazakhstan Republican and sectoral associations of workers exercise public control over compliance with the labor legislation of the Republic of Kazakhstan on the terms and in the manner prescribed in agreements and collective agreements. Chapter 14. COLLECTIVE AGREEMENT Article 156. Parties to a collective agreement. The procedure for conducting collective bargaining, developing and concluding a collective agreement 1. The parties to the collective agreement are the employer and employees represented by their representatives duly authorized. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. A proposal to start collective negotiations and conclude a collective agreement may come from any of the parties. A party that has received a notification from the other party with a proposal to start negotiations on concluding a collective agreement is obliged to consider it within ten working days and enter into negotiations in the manner prescribed by paragraph 4 of this article. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated January 24, 2020 to the question dated January 13, 2020 No. 589395 (dialog.gov.kz) “On conducting collective bargaining, developing and concluding a collective agreement” Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3. A collective agreement may be concluded both in organizations and in branches and representative offices of foreign legal entities. The organization concludes one collective agreement. 4. To conduct collective negotiations and prepare a draft collective agreement, the parties create a commission on a parity basis. The number of members of the commission, its personal composition, the terms for the development of the project and the conclusion of the collective agreement are determined by agreement of the parties. Employees who are not members of a trade union have the right to authorize the body of the trade union to represent their interests in relations with the employer. If there are several representatives of employees in the organization, they create a single representative body to participate in the work of the commission, discuss and sign the collective agreement. 5. The draft collective agreement prepared by the commission is subject to mandatory discussion by the employees of the organization. The project is being finalized by the commission, taking into account the comments and suggestions received. 6. Upon reaching an agreement between the parties, the collective agreement shall be drawn up in at least two copies and signed by the representatives of the parties. 7. If there are disagreements between the parties on certain provisions of the collective agreement, the parties must sign the collective agreement on agreed terms with the simultaneous drawing up of a protocol of disagreements within one month from the date of their occurrence. Disagreements that have arisen in the course of collective bargaining may be subject to further collective bargaining to settle them when amendments and additions are made. 8. Changes and additions to the collective agreement are made only by mutual agreement of the parties in the manner prescribed by this article, for its conclusion. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 31, 2021 to the question dated May 14, 2021 No. organizations" 9. The parties to collective bargaining are not entitled to disclose the information received if this information constitutes state secrets , official, commercial or other secrets protected by law. 10. The parties to collective bargaining may be relieved of their labor duties for the duration of their conduct with the preservation of wages. 11. The employer is obliged to submit the collective agreement signed by the parties to the local labor inspectorate for monitoring within one month from the date of signing. Article 157. Content and structure of the collective agreement 1. The content and structure of the collective agreement are determined by the parties in accordance with the concluded general, sectoral and regional agreements. The following provisions are included in the collective agreement: 1) on rationing, remuneration systems, tariff rates and salaries, allowances and additional payments to employees, including those employed in heavy work, work with harmful and (or) dangerous working conditions; 2) on the establishment of inter-digit coefficients; 3) on the duration of working hours and rest time, labor holidays; 4) on the creation of healthy and safe working and living conditions, on the amount of funding for safety and labor protection measures, on improving health protection; 5) on creating conditions for the activities of the trade union; 6) on the procedure for introducing amendments and additions to the collective agreement; 7) on the control and responsibility of employees and the employer for the implementation of the collective agreement; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 8) on the acts of the employer, requiring consideration of the opinion of the employees' representatives; The paragraph was supplemented by subparagraph 9 in accordance with the Law of the Republic of Kazakhstan dated 06.04.16 No. 483-V 9) on the procedure for admission to hard work, work with harmful and (or) dangerous working conditions of persons who have reached retirement age in accordance with paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan". 2. The collective agreement may include mutual obligations of employees and the employer on the following issues: 1) on improving the organization of labor and increasing the efficiency of production; 2) on the procedure for indexation of wages; 3) on ensuring employment, training, advanced training, retraining and employment of laid- off workers; 4) on guarantees and benefits for employees undergoing training, retraining, advanced training, as well as for employees combining work with training; 5) on improving the housing and living conditions of employees; 6) on health improvement, health resort treatment and rest of employees; 7) on guarantees to employees elected to the bodies of the trade union, as well as to elected representatives and conditions for the implementation of their activities; 8) on the procedure for taking into account the reasoned opinion of the body of the trade union when terminating the employment contract with employees who are members of the trade union; 9) on compensation payment in case of termination of the employment contract at the initiative of the employer when the employee reaches retirement age; 10) on compensation payment for the time spent by employees on the way from the location of the employer or from the collection point to the place of work and back; 11) on payment for maternity leave, leave for employees who have adopted (adopted) a newborn child (children), with the preservation of the average wage minus the amount of social benefits in case of loss of income due to pregnancy and childbirth, adoption (adoption) of a newborn child (children) carried out in accordance with the legislation of the Republic of Kazakhstan on compulsory social insurance; 12) on the liability of employees and the employer for the damage caused by them; 13) on voluntary pension contributions; 14) on guarantees of medical insurance for employees and their families, on environmental protection; 15) on the implementation at the expense of the employer of voluntary pension contributions in favor of the employee in case of insufficient funds for him to conclude a pension annuity agreement with an insurance company; 16) on measures to train employees in the basics of the labor legislation of the Republic of Kazakhstan; 17) on the payment of benefits and compensation payments, including in case of accidents related to labor activity; 18) other issues determined by the parties and this Code. 3. The collective agreement should not worsen the position of employees in comparison with the labor legislation of the Republic of Kazakhstan, general, sectoral, regional agreements. Such provisions shall be deemed invalid and shall not be applied. Article 158. Terms, scope of the collective agreement and responsibility of the parties 1. The collective agreement is concluded for a period determined by the parties. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated April 16, 2018 No. 147-VI ( see previous edition ) 2. The collective agreement shall enter into force from the moment of its signing, unless otherwise provided by its provisions, and is binding on the parties. In the event of the expiration of the term of the collective agreement, it is considered extended until the conclusion of a new collective agreement, but not more than for a period of up to one year, provided that at least one of the parties before the expiration of its validity has made a proposal to conclude a new collective agreement. The collective agreement may provide for its extension until the date of conclusion of a new collective agreement without limiting the period established by part two of this paragraph. 3. The effect of the collective agreement extends to the employer and employees of the organization on whose behalf the collective agreement is concluded, and the employees who have joined it. The procedure and conditions for accession are determined in the collective agreement. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 9, 2021 to the question dated March 2, 2021 No. 671395 (dialog.egov.kz) “Can employees who are not members of trade unions enjoy the benefits specified in the collective agreement” 4. In case of liquidation of the organization, declaring it bankrupt, the collective agreement terminates from the date of termination of employment contracts with all employees. 5. Evasion of representatives of the parties from participation in negotiations on the conclusion, amendment, addition of a collective agreement or unreasonable refusal to conclude a collective agreement, violation of the terms of negotiations and failure to ensure the work of the relevant commission, failure to provide information necessary for negotiating and monitoring compliance with the provisions of the collective agreement , as well as violation or non-fulfillment of its conditions entail liability established by the laws of the Republic of Kazakhstan. Chapter 15. CONSIDERATION OF INDIVIDUAL LABOR DISPUTES Article 159. Procedure for considering an individual labor dispute Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. Individual labor disputes are considered by conciliation commissions, with the exception of disputes arising between an employer and an employee of a micro-entrepreneurship entity, a non- profit organization with no more than fifteen employees, a domestic worker, the sole executive body of a legal entity, the head of the executive body of a legal entity, as well as other members collegial executive body of a legal entity, and on unsettled issues or non-execution of the decision of the conciliation commission - by the courts. The requirement to create a conciliation commission to consider individual labor disputes in the manner prescribed by this Code does not apply to certain categories of employees whose work is regulated by the Labor Code of the Republic of Kazakhstan with the features provided for by special laws and other regulatory legal acts of the Republic of Kazakhstan, including military service, employees of special state and law enforcement agencies, civil servants. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. The conciliation commission is a permanent body created in the organization, its branches and representative offices on a parity basis from an equal number of representatives from the employer and employees. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The collective agreement may provide for the creation of conciliation commissions in other separate structural divisions of the organization. 3. The number of members of the conciliation commission, the procedure for its work, the content and procedure for making a decision by the conciliation commission, the term of office of the conciliation commission, the issue of involving an intermediary are established in a written agreement between the employer and representatives of employees or in a collective agreement. Paragraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. An application received by the conciliation commission is subject to mandatory registration by the said commission on the day of submission. The dispute is considered in the presence of the applicant and (or) a representative authorized by him within the powers delegated to him in accordance with the regulatory legal acts of the Republic of Kazakhstan. Consideration of the dispute without the participation of the applicant is allowed with his written consent. Paragraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5. The conciliation commission is obliged to consider the dispute within fifteen working days from the date of registration of the application and issue copies of the decision to the parties to the dispute within three working days from the date of its adoption. 6. The decision of the conciliation commission is subject to execution within the period established by it, with the exception of a dispute on reinstatement. Paragraph 7 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 7. In cases of non-execution of the decision of the conciliation commission, non-settlement of issues within the prescribed period, the employee or the person who was previously in labor relations, or the employer has the right to apply to the court. Paragraph 8 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 8. Members of the conciliation commission are required to undergo annual training on the application of the labor legislation of the Republic of Kazakhstan, the development of negotiating skills and reaching consensus in labor disputes. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On Some Issues of the Application of Legislation by the Courts in Resolving Labor Disputes”, Guidelines for the Formation and Operation of Conciliation Commissions for Resolving Individual Labor Disputes (Kazakhstan Branch Trade Union of Educational Workers and science, 2016) Article 160 The following deadlines are established for applying to the conciliation commission or to the court for consideration of individual labor disputes: Subparagraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1) for disputes about reinstatement - one month from the date of delivery or sending by registered mail with notification of delivery of a copy of the employer's act on termination of the employment contract to the conciliation commission, and for applying to the court - two months from the date of delivery or sending by mail by registered mail with notification of delivery of a copy of the decision of the conciliation commission when applying for unresolved disputes or in case of non-fulfillment of its decision by the party to the employment contract; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2) for other labor disputes - one year from the day when the employee or employer learned or should have known about the violation of their rights. The term for applying for the consideration of individual labor disputes is suspended during the period of validity of the mediation agreement on the labor dispute under consideration, as well as in the absence of a conciliation commission before its creation. If, for valid reasons, the deadline for applying is missed, the conciliation commission for labor disputes may restore the deadline for applying to the conciliation commission and resolve the dispute on the merits. The conciliation commission independently determines whether valid reasons for which the employee, including those who were previously in labor relations, did not apply to the conciliation commission within the established time frame are considered valid. For participants in labor relations who, in accordance with this Code, have the right to apply to the court without applying to the conciliation commission for consideration of individual labor disputes, the following terms are established: for disputes about reinstatement - three months from the date of delivery or sending by registered mail with notification of delivery of a copy of the employer's act on termination of the employment contract; for other labor disputes - one year from the day when the employee, including those who were previously in labor relations, learned or should have learned about the violation of his right. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Article 161 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 161. Reinstatement of an employee at work 1. An employee reinstated in his previous job is paid wages for the entire period of forced absenteeism or the difference in wages for the time of performing lower-paid work in case of illegal transfer to another job, but not more than for six months. 2. The decision of a conciliation commission or a court to consider an individual labor dispute on the reinstatement of an employee in his previous job is subject to immediate execution. If the employer delays the execution of the decision on reinstatement, the conciliation commission or the court makes a decision to pay the employee wages or the difference in wages for the time of the delay in the execution of the decision. See: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 “On some issues of application of legislation by courts in resolving labor disputes” Chapter 16. CONSIDERATION OF COLLECTIVE LABOR DISPUTES Article 162. Concepts used in this Chapter The following concepts are used in this chapter: 1) 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; 2) strike - complete or partial cessation of work in order to meet the socio-economic and professional requirements of employees in a collective labor dispute with the employer; 3) conciliation commission - a body created by agreement between the employer and employees (their representatives) to resolve a collective labor dispute by conciliating the parties; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 4) conciliation procedures - sequential consideration of a collective labor dispute, initially in a conciliation commission, and if no agreement is reached in it, in a labor arbitration, as well as by mutual agreement of the parties using the mediation procedure. Article 163. Occurrence of a collective labor dispute Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.07.21, No. 61-VII ( see previous edition ) 1. A collective labor dispute is considered to have arisen from the date of notification of the employer about the requirements of employees on the application of the labor legislation of the Republic of Kazakhstan, the implementation or amendment of the terms of agreements, labor and (or) collective agreements, acts of the employer, drawn up in accordance with Article 164 of this Code. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. The employer is obliged to consider the demands put forward by employees no later than three working days, associations (associations, unions) of employers - no later than five working days from the date of their receipt and take measures to resolve them, and if it is impossible to resolve them within the specified period, bring their decisions and proposals in writing to the employees, indicating their representatives for further consideration of the disagreements that have arisen. Article 164 Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. Collective labor disputes are resolved in the following sequence: they are considered by the employer (association (association, union) of employers) if it is impossible to resolve it - in a conciliation commission, if an agreement is not reached in it - by labor arbitration, on issues not settled by it - by courts. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. The requirements of employees on the application of the labor legislation of the Republic of Kazakhstan, the implementation or amendment of the terms of agreements, collective and (or) labor contracts, acts of the employer between employees and the employer, an association (association, union) of employers are formed and approved at a general meeting (conference) of employees . The meeting of employees is considered competent if at least two thirds of the total number of employees of the organization are present at it. The conference is considered eligible if it is attended by at least two thirds of the delegates elected by the employees in accordance with protocol decisions. The decision of the meeting (conference) of employees is considered adopted if at least two thirds of the participants voted in support of the demands put forward by them. If it is impossible to hold a meeting (conference) of employees, the representative body of employees has the right to approve its decision by collecting at least two-thirds of the signatures of employees in support of the demands put forward by it. Representatives of employees coordinate with the employer the rules for holding meetings (conferences) of employees, the place, time, number of participants in the meeting (conference). Paragraph 3 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3. The demands of employees are set out in writing and sent to the employer, associations (associations, unions) of employers within three calendar days from the date of the meeting (conference). 4. If the specified requirements are put forward by employees of different employers, then these requirements may be submitted by sectoral or territorial associations of trade unions or other individuals and (or) legal entities authorized by employees. Paragraph 5 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5. An employer, an association (association, union) of employers shall be obliged to refrain from any interference that could impede the holding of a meeting (conference) of employees to put forward demands. 6. The claims of employees, if it is impossible to resolve them, are considered in the order of conciliation procedures. 7. At any stage of consideration of a collective labor dispute, the parties may apply to a mediator. The mediation procedure is independent in relation to the conciliation procedures in the conciliation commission, labor arbitration and can run in parallel with them. Article 165. Conciliation Commission Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. The conciliation commission is a body created by a joint decision of the parties on an equal footing from an equal number of representatives from the employer and employees. The decision to establish a conciliation commission is made within three working days from the date the employer, association (association, union) of employers (their representatives) communicates or fails to communicate its decision to the attention of employees (their representatives) or draws up a protocol of disagreements during collective bargaining. If there are several representatives of employees in the organization, they create a single representative body to participate in the work of the commission. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. The employer, association (association, union) of employers create the necessary conditions for the work of the conciliation commission. 3. The conciliation commission considers the claims of employees (their representatives) no later than seven working days from the date of their receipt. The procedure for consideration of claims by the conciliation commission, the extension of the specified period of consideration are carried out by agreement of the parties and drawn up in a protocol. Paragraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. In the course of the conciliation procedure, the conciliation commission consults with the employees (their representatives), the employer, the association (association, union) of employers (their representatives), state bodies and other interested persons. 5. The decision of the commission is made on the basis of the agreement of the parties, is drawn up in a protocol signed by the representatives of the parties, is binding on the parties and is executed in the manner and within the time limits established by the decision of the conciliation commission. If one of the parties refuses to sign in the protocol, the other party makes a corresponding entry in the protocol. 6. If an agreement is not reached in the conciliation commission, its work is terminated, and a labor arbitration is created to resolve the dispute. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 166. Labor arbitration 1. Labor arbitration is created by the parties to a collective labor dispute within five working days from the date of termination of the work of the conciliation commission. Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. The number of members of the labor arbitration, its personal composition, the procedure for considering a labor dispute are determined by agreement of the parties on a parity basis. Labor arbitration must consist of at least five people. The composition of the labor arbitration includes the state labor inspector. According to the claims of employees under consideration, members of the conciliation commission cannot be members of the labor arbitration. 3. The chairman of the labor arbitration is elected by the members of the arbitration from among them. 4. A collective labor dispute is considered by a labor arbitration with the obligatory participation of representatives of the parties to the collective labor dispute, and, if necessary, also with the participation of representatives of other interested parties. 5. The dispute resolution procedure is determined by labor arbitration and brought to the attention of the parties to the collective labor dispute. 6. The decision of the labor arbitration is made no later than seven working days from the date of its creation by a simple majority of votes of the members of the arbitration. When the votes of the members of the labor arbitration are equally divided, the vote of the chairman is decisive. The decision must be motivated, set out in writing and signed by all members of the arbitration. 7. In case of failure to reach an agreement between the parties to a collective labor dispute in a conciliation commission in organizations in which strikes are prohibited or restricted by the laws of the Republic of Kazakhstan, the creation of a labor arbitration is mandatory. 8. The decision of the labor arbitration is binding on the parties to the collective labor dispute. 9. In case of non-execution of the decision of the labor arbitration within the prescribed period, the parties have the right to resolve the dispute in court. See: Model clause on labor arbitration Article 167. Consideration of a collective labor dispute with the participation of a mediator 1. The procedure for considering a collective labor dispute with the participation of a mediator is determined by agreement of the parties to the collective labor dispute. 2. As intermediaries, the parties shall determine organizations and persons independent of them. The republican, sectoral, regional commissions for the regulation of social and labor relations may, with the consent of the parties to the collective labor dispute, involve heads and employees of central and local executive bodies, associations and other public associations, employers, as well as independent experts in the settlement of collective labor disputes. In all cases where mediators are involved, written consent to mediation must be obtained from them. Article 168. Consequences of reaching an agreement of the parties on a collective labor dispute 1. In all cases of reaching an agreement between the parties to a collective labor dispute on its resolution with or without the participation of a mediator, the pending conciliation procedures shall be terminated, and the terms of the agreement between the parties shall be considered the conditions for resolving the dispute. Agreements reached by the parties to a collective labor dispute shall be drawn up in writing. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2. Reaching an agreement between the parties on the resolution of the dispute entails the termination of the strike, if it was announced. Article 169. Guarantees in connection with the resolution of a collective labor dispute Members of the conciliation commission for the period of participation in negotiations on the resolution of a collective labor dispute are released from work with the preservation of wages. Representatives of employees, their associations participating in the resolution of a collective labor dispute may not be subjected to disciplinary action during the period of resolution of a collective labor dispute, transferred to another job, or employment contracts may not be terminated with them at the initiative of the employer without the prior consent of the body that authorized them to represent. Article 170 1. None of the parties has the right to evade participation in conciliation proceedings. 2. Disagreements not settled in a collective labor dispute must be brought to the attention of the parties in writing. 3. If the settlement of disagreements between the parties to a collective labor dispute is impossible due to insufficient authority of the representative of the employer, the claims of employees are presented to the owners of property, founders (participants) or shareholders of organizations, including organizations located on the territory of the Republic of Kazakhstan, whose property is owned by foreign individuals or legal entities. persons or organizations with foreign participation. 4. In case of disagreement with the results of the procedures specified in paragraphs 2 and 3 of this article, employees have the right to use all other methods provided by law to protect their interests. 5. The employer is obliged: 1) within five working days from the date of receipt of the requirements of employees, drawn up in accordance with paragraph 3 of Article 164 of this Code, inform the local labor inspection body about the occurrence of a collective labor dispute, followed by weekly informing about the situation until its final resolution; 2) during the day, inform the prosecution authorities of the Republic of Kazakhstan and the local labor inspection authority about the start of a strike conducted without observing the requirements of this Code. Article 171. Right to strike 1. Employees may decide to go on strike if the settlement of the collective labor dispute has not been achieved through conciliation procedures, as well as in cases where the employer evades conciliation procedures or fails to comply with the agreement reached in the course of resolving the collective labor dispute. 2. The decision to hold a strike is made at a meeting (conference) of workers (their representatives). The meeting of employees is considered eligible if it is attended by more than half of the total number of employees of the organization. The conference is considered eligible if it is attended by at least two thirds of the delegates elected by the employees in accordance with protocol decisions. Decisions of the meeting (conference) of employees are considered adopted by a majority vote of the participants. If it is impossible to hold a meeting (conference) of workers, the representative body of workers has the right to approve its decision by collecting the signatures of more than half of the workers in support of the strike. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3. The strike is headed by a body authorized by workers (their representatives) (strike committee). If a strike is declared by employees (their representatives) of several employers with the same demands, it may be headed by a joint body formed from an equal number of representatives of these employees. 4. Participation in a strike is voluntary. No one may be forced to participate or refuse to participate in a strike. 5. Persons forcing employees to participate or refuse to participate in a strike shall be liable in the manner prescribed by the laws of the Republic of Kazakhstan. Article 172. Announcement of the start of a strike Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. An employer, an association (association, union) of employers (their representatives) must be notified in writing by the body authorized by employees, specified in paragraph 3 of Article 171 of this Code, of the start of a strike and its possible duration no later than five working days before its announcement. 2. The following shall be indicated in the decision to declare a strike: 1) a list of disagreements between the parties that are the basis for holding a strike; 2) the date, place and time of the start of the strike, the expected number of participants; 3) the name of the body leading the strike, the composition of the representatives of employees authorized to participate in conciliation procedures; 4) proposals for the minimum necessary work (services) performed during the strike. Article 173. Powers of the body leading the strike 1. The body leading the strike shall act within the limits of the rights granted to it by this Code and on the basis of the powers vested by its employees (their representatives). 2. The body leading the strike has the right: Subparagraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1) represent the interests of employees in relations with the employer, an association (association, union) of employers (their representatives), state, trade union, other legal entities, officials on the issues of resolving the requirements put forward; Subparagraph 2 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2) receive from the employer, the association (association, union) of employers (their representatives) information on issues affecting the interests of employees; 3) to cover the course of consideration of the requirements of employees in the media; 4) involve specialists to give opinions on controversial issues; 5) suspend the strike with the consent of the workers (their representatives). Paragraph 3 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. To resume a previously suspended strike, a re-consideration of the dispute by a conciliation commission, mediator or labor arbitration is not required. The employer, association (association, union) of employers (their representatives) and the labor dispute resolution body must be notified of the resumption of the strike no later than three working days in advance. 4. The powers of the body leading the strike shall be terminated in cases where the parties to the collective labor dispute have signed an agreement on its settlement, as well as in the event that the strike is recognized as illegal. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 174. Obligations of the parties to a collective labor dispute during a strike During the period of the strike, the parties to a collective labor dispute are obliged to continue resolving this dispute through negotiations. The employer, state bodies and the body leading the strike are obliged to take measures depending on them to ensure public order during the period of the strike, the safety of the property of the organization and the safety of employees, as well as the operation of machinery and equipment, the stoppage of which poses a direct threat to the life and health of people. Article 175. Guarantees to employees in connection with a strike 1. Organization or participation in strikes (with the exception of cases provided for by paragraph 1 of Article 176 of this Code) cannot be considered as a violation of labor discipline by an employee and entail the application of disciplinary measures provided for by this Code. 2. For the duration of the strike, the employee retains the place of work (position), the right to receive social benefits for temporary disability, work experience, and other rights arising from labor relations are guaranteed. Wages for the duration of the strike shall not be retained for the employees participating in it, except in cases where the strike is held due to non-payment or late payment of wages. Article 176. Illegal strikes 1. Strikes are recognized as illegal: Subparagraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); set out in the wording of the Law of the Republic of Kazakhstan dated 10.06.20 No. 344-VI ( see previous edition ) 1) during periods of introduction of martial law or state of emergency or special measures in accordance with the laws of the Republic of Kazakhstan "On martial law" and "On state of emergency"; in the bodies of military administration and military units of the Armed Forces, other troops and military formations of the Republic of Kazakhstan and organizations in charge of ensuring the defense of the country, state security, emergency rescue, search and rescue, fire fighting, prevention or elimination of emergency situations; in special state and law enforcement agencies ; in organizations that are hazardous production facilities; at ambulance and emergency medical aid stations; Subparagraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2) in organizations directly related to ensuring the life of the population, for energy supply, heat supply, water supply and sanitation, gas supply, aviation, rail, road, public and water transport, communications, health care, if the minimum list and volume of relevant services necessary for the population are not preserved , determined on the basis of a preliminary agreement between the employees' representatives and the local executive body; The paragraph was supplemented by subparagraph 2-1 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 2-1) at hazardous production facilities, the suspension of activities of which is associated with severe and dangerous consequences, if the uninterrupted operation of the main equipment and mechanisms is not ensured; 3) in case of announcement without taking into account the terms, procedures and requirements provided for by this Code; 4) in cases where it creates a real threat to the life and health of people; 5) in other cases provided for by the laws of the Republic of Kazakhstan. If one of the grounds specified in this paragraph exists, the prosecutor has the right to suspend the strike until the court makes an appropriate decision. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2. Excluded in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. The decision to recognize the strike as illegal is taken by the court in accordance with the laws of the Republic of Kazakhstan. 4. The decision to recognize the strike as illegal is taken by the court upon the application of the employer or the prosecutor. The decision of the court is communicated to the workers through the body leading the strike, which is obliged to immediately inform the participants of the strike about the decision of the court, and in the absence of the body leading the strike, directly by the employer. The employer ensures that the text of the court decision is placed in places accessible for public viewing. A court decision declaring a strike illegal is subject to immediate execution, and the strike is to be terminated. In the event of a direct threat to the life and health of people, the prosecutor or the court has the right to suspend the strike until an appropriate decision is made. 5. The body leading the strike has the right to appeal against the court decision in the manner prescribed by the laws of the Republic of Kazakhstan. 6. Persons provoking the continuation of participation in a strike, recognized by the court as illegal, shall be liable in the manner established by the laws of the Republic of Kazakhstan. Article 177. Consequences of declaring a strike illegal If the court recognizes the strike as illegal, the employer may bring to disciplinary liability the employees who took part in the organization or conduct of the strike. Article 178. Prohibition of lockout In the process of settling a collective labor dispute, including holding a strike, it is prohibited to lockout, that is, the termination of employment contracts with employees at the initiative of the employer in connection with their participation in a collective labor dispute or in a strike, with the exception of the case provided for by subparagraph 22) of paragraph 1 of Article 52 of this Code. SECTION 4. SAFETY AND HEALTH Chapter 17. STATE REGULATION IN THE FIELD OF SAFETY AND LABOR PROTECTION Article 179. State regulation in the field of safety and labor protection State regulation in the field of safety and labor protection includes: 1) state supervision, control and monitoring of compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of safety and labor protection; 2) development and adoption of regulatory legal acts of the Republic of Kazakhstan and regulatory and technical documentation in the field of safety and labor protection; 3) creation and implementation of systems of economic incentives for activities to improve conditions, safety and labor protection, development and implementation of safe equipment and technologies, individual and collective protection of workers; 4) increasing the efficiency of state, internal control over compliance with the legislation of the Republic of Kazakhstan in the field of safety and labor protection; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 5) conducting scientific research on the problems of safety and labor protection, taking into account the best domestic and foreign experience in improving working conditions and labor protection; 6) protection of the legitimate interests of employees who suffered from accidents related to work activities and occupational diseases, as well as members of their families; 7) establishment of guarantees and compensations for hard work and work with harmful and (or) dangerous working conditions that cannot be eliminated with the modern technical level of production and labor organization; 8) training and advanced training of specialists in safety and labor protection; 9) establishment of a unified procedure for recording work-related accidents and occupational diseases; 10) ensuring the functioning of a unified information system in the field of safety and labor protection; 11) international cooperation in the field of safety and labor protection. See: Action Plan to ensure safe labor in the Republic of Kazakhstan until 2025 Article 180. Requirements for safety and labor protection and financing of measures 1. The requirements for safety and labor protection are established by the regulatory legal acts of the Republic of Kazakhstan and must contain rules , procedures and standards aimed at preserving the life and health of workers in the course of their labor activity. See: Rules for the adoption of regulatory legal acts in the field of safety and labor protection by the relevant authorized bodies 2. The requirements for safety and labor protection are mandatory for employers and employees when they carry out activities on the territory of the Republic of Kazakhstan. 3. Financing of measures for safety and labor protection is carried out at the expense of the employer and other sources not prohibited by the legislation of the Republic of Kazakhstan. Employees do not bear the costs for these purposes. The amount of funds is determined by the act of the employer or the collective agreement. The heading of chapter 18 is set out in the wording of the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) Chapter 18 Article 181. Rights and obligations of an employee in the field of safety and labor protection 1. The employee has the right to: 1) a workplace equipped in accordance with the requirements for safety and labor protection; 2) provision of sanitary facilities, means of individual and collective protection in accordance with the requirements for safety and labor protection, as well as labor and collective agreements; 3) an appeal to the local labor inspectorate to conduct an examination of the conditions and labor protection at his workplace; 4) participation personally or through his representative in the verification and consideration of issues related to the improvement of conditions, safety and labor protection; 5) refusal to perform work in the event that the employer fails to provide the employee with personal and (or) collective protective equipment and in the event of a situation that poses a threat to his health or life, with a written notice of this to the immediate supervisor or employer; 6) education and professional training necessary for the safe performance of labor duties, in the manner prescribed by the legislation of the Republic of Kazakhstan; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Subparagraph 7 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 7) obtaining reliable information from the employer about the characteristics of the workplace and the territory of the organization, the state of conditions, safety and labor protection, the existing occupational risk, as well as measures to protect it from exposure to harmful and (or) dangerous production factors; Subparagraph 8 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20, No. 321-VI ( see previous edition ) 8) maintaining wages for the period of suspension of the organization's work due to non- compliance with the requirements for safety and labor protection. 2. The employee is obliged: 1) comply with the requirements of norms, rules and instructions on safety and labor protection; 2) immediately inform the employer or work organizer about each work-related injury and other damage to the health of employees, signs of an occupational disease (poisoning), as well as about a situation that poses a threat to life and health of people; Subparagraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated April 16, 2018 No. 147-VI ( see previous edition ) 3) undergo mandatory preliminary and periodic medical examinations, as well as pre-shift and other medical examinations in the manner determined by the authorized body in the field of healthcare; 4) at the request of the employer, undergo preventive medical examinations in cases provided for by the act of the employer, as well as when transferring to another job; 5) notify the employer about the establishment of disability or other deterioration in health, preventing the continuation of labor duties; 6) strictly apply and use for their intended purpose the means of individual and collective protection provided by the employer; 7) comply with the requirements of the state labor inspector, the technical inspector for labor protection, internal control specialists and the medical and recreational measures prescribed by medical institutions; 8) undergo training, instruction and testing of knowledge on safety and labor protection in the manner determined by the employer and provided for by the legislation of the Republic of Kazakhstan. The Code is supplemented by Article 181-1 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI Article 181-1. Rights and obligations of the employee of the sending party in the field of safety and labor protection 1. An employee of the sending party has the right to: 1) a workplace equipped in accordance with the requirements for safety and labor protection at the receiving party; 2) provision of sanitary facilities in accordance with the requirements for safety and labor protection of the host country; 3) obtaining reliable information from the host about the characteristics of the workplace and the territory of the organization, the state of conditions, safety and labor protection, the existing occupational risk to his life and health, as well as measures to protect him from exposure to harmful and (or) hazardous production factors. 2. An employee of the sending party is obliged to: Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 1) comply with the requirements of the norms, rules and instructions on safety and labor protection of the receiving party; 2) immediately inform the employer or representative of the host country about each work- related injury and other damage to the health of employees, signs of an occupational disease (poisoning), as well as about a situation that poses a threat to life and health of people; 3) at the request of the receiving party, undergo preventive medical examinations in cases stipulated by the act of the receiving party. Article 182. Rights and obligations of the employer in the field of safety and labor protection 1. The employer has the right: 1) encourage employees for assistance in creating favorable working conditions in the workplace, rationalization proposals for creating safe working conditions; 2) suspend from work and bring to disciplinary responsibility employees who violate the requirements for safety and labor protection, in the manner prescribed by this Code; 3) require the employee to strictly comply with the requirements for the safe conduct of work in production; Subparagraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4) send employees at their own expense to preventive medical examinations in cases provided for by the legislation of the Republic of Kazakhstan or the act of the employer. 2. The employer is obliged: Subparagraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1) assess the occupational risk and take measures to minimize and eliminate it by carrying out prevention, replacing production equipment and technological processes with safer ones; 2) conduct training, instruction, testing the knowledge of employees on safety and labor protection issues, as well as provide documents on the safe conduct of the production process and work at their own expense; Subparagraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3) organize training and testing of knowledge on safety and labor protection issues for managers and persons responsible for ensuring labor safety and protection, periodically at least once every three years in organizations providing advanced training of personnel, in the manner determined by the authorized state body for labor , according to the list approved by the act of the employer; 4) create the necessary sanitary and hygienic conditions for employees, ensure the issuance and repair of special clothing and footwear for employees, supply them with preventive treatment, detergents and disinfectants, a first-aid kit, milk or equivalent food products, and (or) specialized products for dietary (medical) and preventive) nutrition, means of individual and collective protection in accordance with the standards established by the authorized state body for labor; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 21, 2020 to the question dated May 6, 2020 No. 613965 (dialog.gov.kz) not required in this case." 5) excluded in accordance with the Law of the Republic of Kazakhstan dated 06.04.16, No. 483-V ( see previous edition ) See: Letter of the Ministry of Health and Social Development of the Republic of Kazakhstan dated March 25, 2016 No. 10-1-27 / 9175 / / 20-8 / 671 “On admission to heavy work, work with harmful and (or) dangerous working conditions for persons reached retirement age" Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 6) not to allow for the carrying and movement of workers under the age of eighteen years, weights exceeding the limit norms established for them ; 7) prevent women from lifting and moving by hand weights that exceed the limits established for them ; 8) to register, record and analyze work-related accidents and occupational diseases; 9) once a quarter, provide the authorized state body for labor and the local body for labor inspection, representatives of employees, upon their written request, with the necessary information to monitor the state of conditions, safety and labor protection; 10) ensure the investigation of accidents related to labor activity in the manner prescribed by the legislation of the Republic of Kazakhstan; 11) comply with the instructions and conclusions of state labor inspectors; 12) to carry out, with the participation of representatives of employees, periodic, at least once every five years, certification of production facilities for working conditions in accordance with the rules approved by the authorized state body for labor; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 25, 2020 to the question dated November 12, 2020 No. 651996 (dialog.egov.kz) “All organizations must certify production facilities for working conditions” Subparagraph 13 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 13) submit within a month in writing or through the information system on labor protection and safety information on the results of certification of production facilities for working conditions; 14) to insure the employee against accidents in the performance of his labor (service) duties; 15) take urgent measures to prevent the development of an emergency and the impact of traumatic factors on other persons; Subparagraph 16 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 16) develop, approve and revise instructions on safety and labor protection in the manner established by the authorized state body for labor; Subparagraph 17 is set out in the wording of the Law of the Republic of Kazakhstan dated April 16, 2018 No. 147-VI ( see previous edition ) 17) conduct at their own expense mandatory, periodic (during employment) medical examinations and pre-shift medical examination of employees in cases provided for by the agreement, the collective agreement, the legislation of the Republic of Kazakhstan, as well as when transferring to another job with changes in working conditions or the appearance of signs occupational disease; The paragraph was supplemented by subparagraph 18 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 18) introduce a labor protection management system and exercise control over its functioning. The Code is supplemented by Article 182-1 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI Article 182-1. Rights and obligations of the host in the field of safety and labor protection 1. The receiving party has the right: 1) encourage employees of the sending party for assistance in creating favorable working conditions in the workplace, rationalization proposals for creating safe working conditions; 2) require employees of the sending party to strictly comply with the requirements for the safe conduct of work in the workplace; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 3) send employees of the sending party at their own expense for preventive medical examinations in accordance with the terms of the contract for the provision of services for the provision of personnel. 2. The receiving party is obliged: 1) present the results of certification of production facilities for working conditions to the sending party when concluding a contract for the provision of services for the provision of personnel. In case of failure to provide the results of certification of production facilities for working conditions by the receiving party, the sending party is prohibited from concluding a contract for the provision of services for the provision of personnel; 2) take measures to prevent any risks in the workplace and in technological processes in relation to the employees of the sending party by carrying out preventive measures, replacing production equipment and technological processes with safer ones; 3) instruct employees of the sending party on safety and labor protection issues; 4) create the necessary sanitary and hygienic conditions for the employees of the sending party in accordance with the sanitary rules and hygienic standards established by the state body in the field of sanitary and epidemiological welfare of the population; 5) not to allow employees of the sending party who have not reached the age of eighteen to carry and move loads that exceed the limits established for them; 6) prevent women from lifting and moving by hand weights that exceed the limits established for them; 7) take urgent measures to prevent the development of an emergency situation and the impact of traumatic factors on the employees of the sending party; 8) analyze work-related accidents and occupational diseases of employees of the sending party; 9) provide, together with the sending party, the investigation of accidents related to the labor activity of employees of the sending party, in the manner prescribed by the legislation of the Republic of Kazakhstan; 10) in the cases provided for by this Code, remove the employees of the sending party from work with immediate notification of the sending party in the manner prescribed by the contract for the provision of services for the provision of personnel. Chapter 19. ORGANIZATION OF SAFETY AND LABOR PROTECTION Article 183. Certification of production facilities for working conditions 1. Production facilities are subject to mandatory periodic certification in terms of working conditions. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 26, 2021 to the question dated March 4, 2021 No. 671721 (dialog.egov.kz) “Are office premises subject to certification of workplaces for working conditions” 2. Attestation of production facilities in terms of working conditions is carried out by specialized organizations for attestation of production facilities periodically at least once every five years. 3. The procedure for conducting mandatory periodic certification of production facilities for working conditions is determined by the authorized state body for labor. 4. Extraordinary attestation of production facilities for working conditions is carried out at the request of the body of state control and supervision of safety and labor protection in case of violation of the procedure for attestation of production facilities for working conditions. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 The results of an extraordinary certification of production facilities for working conditions are drawn up as an appendix to the materials of the previous certification of a production facility for working conditions. 5. To organize the certification of production facilities for working conditions, the employer issues an appropriate order to create an attestation commission consisting of a chairman, members and a secretary responsible for compiling, maintaining and storing documentation for attesting production facilities for working conditions. 6. The composition of the attestation commission includes the head or his deputy, specialists from the security and labor protection services and other units as agreed, as well as representatives of employees. The refusal of representatives of employees to participate in the certification commission is not a reason for not conducting certification of production facilities in terms of working conditions. 7. After the certification of production facilities for working conditions is completed, the specialized organization for attestation of production facilities within ten calendar days sends information about its results to the authorized state body for labor in the manner prescribed by it . 8. The results of attestation of production facilities in terms of working conditions come into force from the moment the certificate of attestation of the production facility is issued. 9. Control over compliance with the procedure for attestation of production facilities is carried out by state labor inspectors. Article 184. Safety requirements for workplaces 1. Buildings (structures) in which workplaces are located, according to their structure, must comply with their functional purpose and safety and labor protection requirements. 2. Work equipment must comply with the safety standards established for this type of equipment, have the appropriate technical passports (certificate), warning signs and be provided with fences or protective devices to ensure the safety of workers in the workplace. 3. Emergency routes and exits of workers from the premises must be marked, remain free and lead to the open air or to a safe area. Paragraph 4 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. Hazardous areas must be clearly marked. If workplaces are located in hazardous areas in which, due to the nature of the work, there is a risk to the employee, then such places should be equipped with devices that block access to these areas by unauthorized persons. Pedestrians and technological vehicles must move around the territory of the organization in a safe environment. 5. During working hours, the temperature, lighting, and ventilation in the room where the workplaces are located must comply with sanitary and epidemiological requirements . The article is supplemented by paragraph 6 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 6. When carrying out work on a construction site simultaneously by several organizations (two or more), the general contractor shall carry out general coordination of work to comply with the requirements of safety and labor protection in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan. Article 185. Mandatory medical examination of employees 1. The employer, at his own expense, is obliged to organize periodic medical examinations and examinations of employees engaged in hard work, work with harmful and (or) dangerous working conditions, in the manner prescribed by the legislation of the Republic of Kazakhstan. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated April 16, 2018 No. 147-VI ( see previous edition ) 2. Employees engaged in work associated with increased danger, machines and mechanisms must undergo a pre-shift medical examination. The list of professions requiring a pre-shift medical examination is determined by the authorized body in the field of healthcare. Chapter 20. INVESTIGATION AND RECORDING OF ACCIDENTS RELATED TO WORK Article 186 1. In accordance with this Code, cases of damage to the health of workers associated with their labor activity and leading to disability or death are subject to investigation, as well as: 1) persons studying in educational institutions during their professional practice; 2) military personnel, employees of special state bodies involved in the performance of work not related to military service, service in special state bodies; 3) persons involved in labor in places of deprivation of liberty and by a court verdict; 4) personnel of paramilitary and other specialized professional emergency rescue services and formations in the field of civil protection, paramilitary security, members of voluntary teams to eliminate the consequences of accidents, natural disasters, to save human life and property. Paragraph 2 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); Law of the Republic of Kazakhstan No. 386-VI dated 19.12.20 ( see previous edition ) 2. To be accounted for as accidents related to labor activity, damage to the health of employees, employees of the sending party, related to the performance of labor duties, which led to disability or death, if they occurred: 1) before the start or at the end of working hours in the preparation and putting in order of the workplace, production tools, personal protective equipment and other actions; 2) during working hours at the workplace, along the route of the employee, employee of the sending party, whose activities are related to movement between service facilities, including on the instructions of the employer or the host party, as well as during a business trip in the performance of work duties; 3) when traveling to the place of work or from work in a vehicle provided by the employer or the host; 4) on a personal vehicle with the written consent of the employer or host party for the right to use it for official purposes; 5) when performing actions on their own initiative in the interests of the employer or the host; 6) on the route of workers on a rotational basis from the place of assembly (residence during the period of rotation) to work or back on a vehicle provided by the employer or the host. Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI ( see previous edition ) 3. The following shall not be recorded as accidents related to labor activity, damage to the health of employees, employees of the sending party, during the investigation of which it is objectively established that they occurred: 1) when the victim, on his own initiative, performs work or other actions that are not included in the functional duties of the employee, employee of the sending party and not related to the interest of the employer or host party, including during the period between shifts when working on a rotational basis, a break for rest and reception food; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2) in the case when the main reason was the state of alcoholic intoxication, the use of toxic and narcotic substances (their analogues) by the victim; 3) as a result of deliberate (deliberate) infliction of harm to one's health, as well as when the victim commits a criminal offense ; 4) due to a sudden deterioration in the health of the victim, not related to the impact of production factors, confirmed by a medical report. Paragraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 07.07.20 No. 361-VI ( see previous edition ) 4. The investigation of cases of occupational diseases is carried out by the employer together with the state body in the field of sanitary and epidemiological welfare of the population in the manner determined by the legislation of the Republic of Kazakhstan in the field of healthcare. 5. Responsible officials of health care organizations, no later than two working days, must inform employers and the local labor inspectorate about each case of initial treatment with an industrial injury or damage to the health of workers associated with work, as well as cases of acute occupational disease (poisoning). body in the field of sanitary and epidemiological welfare of the population. 6. The employer is responsible for organizing the investigation and registration of work- related accidents and occupational diseases at work. The article was supplemented by paragraph 7 in accordance with the Law of the Republic of Kazakhstan dated 19.12.20 No. 386-VI 7. Responsibility for organizing the investigation of accidents related to the work of employees of the sending party, and occupational diseases at work, as well as for admission to the facility or workplace of a representative of the sending party shall be borne by the receiving party. Article 187. Duties of the employer in the investigation of accidents related to work 1. The employer is obliged: 1) organize the provision of first aid to the victim and, if necessary, his delivery to a healthcare organization; 2) until the beginning of the investigation, the situation at the scene of an accident related to labor activity (the condition of equipment and mechanisms, tools) is maintained in the same form as at the time of the incident, provided that this does not endanger the life and health of other persons, and disruption of the continuity of the production process will not lead to an accident, as well as to photograph the place of the accident; 3) immediately inform the relatives of the victim about the accident and send a message to the state bodies and organizations specified by this Code, other regulatory legal acts; 4) allow members of the special investigation commission to the scene of an accident to investigate an accident related to work activity. 2. The employer immediately within 24 hours notifies about an accident related to labor activity in the form established by the authorized state body for labor: 1) to the local labor inspection body; 2) to the territorial subdivision of the authorized body in the field of industrial safety in case of accidents that occurred at hazardous production facilities; 3) to the territorial subdivision of the state body in the field of sanitary and epidemiological welfare of the population about cases of occupational disease or poisoning; 4) representatives of employees; 5) excluded in accordance with the Law of the Republic of Kazakhstan dated 04.05.20, No. 321-VI ( see previous edition ) Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 6) to the law enforcement agency at the place where the accident occurred, and to the authorized bodies of production and departmental control and supervision in cases subject to special investigation. The article was supplemented by paragraph 2-1 in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI 2-1. The employer immediately, but no later than three working days, as he became aware of the occurrence of an accident, notifies the insurance company with which he has concluded an agreement on insurance of the employee against accidents in the performance of his labor (service) duties. 3. When investigating an accident related to labor activity, at the request of the commission, the employer, at his own expense, ensures: 1) performance of technical calculations, laboratory research, testing, other expert work and the involvement of specialist experts for this purpose; 2) photographing the scene and damaged objects, drawing up plans, sketches, diagrams; 3) provision of transport, office space, means of communication, special clothing and other personal protective equipment necessary for the investigation; 4) providing: documents characterizing the state of the workplace, the presence of harmful and (or) dangerous production factors (plans, sketches, diagrams, and, if necessary, photo and video materials of the scene and others); extracts from the briefing registers and protocols for checking the knowledge of victims on safety and labor protection, protocols for interviewing eyewitnesses of an accident related to work activity and officials, explanations of victims, expert opinions of specialists; results of laboratory studies and experiments; a medical opinion on the nature and severity of the damage caused to the health of the victim, or the cause of his death, on the presence (absence) of signs of alcohol, narcotic or toxic intoxication; copies of documents confirming the issuance of special clothing and other personal protective equipment to the victim; extracts from the instructions of state labor inspectors and officials of the territorial body of state supervision previously issued at this production (facility) (if an accident related to work activity occurred in an organization or at a facility controlled by this body); other documents related to the consideration of the case, at the discretion of the commission. The Code is supplemented by Article 187-1 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI Article 187-1. Responsibilities of the receiving party in the investigation of accidents related to the labor activity of employees of the sending party The receiving party is obliged: 1) organize the provision of first aid to the injured worker of the sending party and, if necessary, his delivery to the healthcare organization; 2) until the beginning of the investigation, the situation at the scene of an accident related to labor activity (condition of equipment and mechanisms, tools of labor) is preserved in the same form as at the time of the incident, provided that this does not endanger the life and health of other persons, and disruption of the continuity of the production process will not lead to an accident, as well as to photograph the place of the accident; 3) immediately inform the sending party about the accident; 4) allow members of the special investigation commission to the scene of an accident to investigate an accident related to the work activity of an employee of the sending party. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 Article 188 1. Investigation of accidents related to labor activity, with the exception of cases subject to special investigation, is carried out by a commission created by an act of the employer within twenty-four hours from the moment the opinion on the severity of the industrial injury is received, in the following composition: 1) the chairman - the head of the organization (production service) or his deputy, and in their absence - an authorized representative of the employer; 2) members - the head of the safety and labor protection service of the organization and the representative of employees. 2. An official who is directly responsible for labor safety at the relevant site where an accident related to work has occurred shall not be included in the commission during the investigation. 3. The following are subject to special investigation: 1) accidents related to labor activity, with a severe or fatal outcome; 2) group accidents related to labor activity that occurred simultaneously with two or more employees, regardless of the severity of industrial injuries of the victims; 3) group cases of acute poisoning. 4. A special investigation into an accident related to work activity is carried out by a commission established within twenty-four hours by the local labor inspectorate from the moment the opinion on the severity of the work injury is received, in the following composition: 1) chairman - state labor inspector; 2) members - an employer and a representative of employees. The investigation of group accidents related to labor activity, in which two people died, is carried out by a commission headed by the chief state labor inspector of the region, city of republican significance, the capital. The investigation of group accidents related to labor activity, in which three to five people died, is carried out by a commission created by the authorized state body for labor, and in case of death of more than five people - by the Government of the Republic of Kazakhstan. 5. When investigating accidents related to labor activity that occurred in emergency situations of a man-made nature due to an accident at a hazardous production facility, a representative of the authorized body in the field of industrial safety or its territorial division is appointed as the chairman of the commission. In this case, the state labor inspector is a member of the commission. 6. The commission also includes: 1) in case of accidents related to labor activity that occurred at hazardous production facilities, as well as in organizations of the electric power industry, - a state inspector for state supervision in the field of industrial safety and an official exercising state energy supervision and control; 2) in case of acute poisoning - representatives of the state body in the field of sanitary and epidemiological welfare of the population; 3) in case of an accident related to labor activity that occurred with an employee of an organization located and working on the territory of another organization, or with an employee sent to another organization to perform a production assignment (official or contractual duties), - a responsible representative of the organization, on area in which the accident occurred. 7. A representative of an insurance organization that has the appropriate contractual relationship with the employer or the victim has the right to take part in the work of the commission. 8. The employer or his authorized representative, employee representative, labor protection specialist, who may be involved in the investigation of the accident and on a contractual basis, take part in the investigation of an accident related to work activity at the employer - an individual. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 9. To resolve issues requiring an expert opinion, the chairman of the special investigation commission has the right to create expert subcommittees from among the specialists of research organizations and control and supervisory bodies at the expense of the employer. The Code is supplemented by Article 188-1 in accordance with the Law of the Republic of Kazakhstan dated 12/19/20 No. 386-VI Article 188-1. The procedure for the formation and composition of the commission for the investigation of accidents related to the labor activity of employees of the sending party 1. Investigation of accidents related to the labor activity of employees of the sending party, with the exception of cases subject to special investigation, is carried out by a commission created by an act of the receiving party within twenty-four hours from the moment the opinion on the severity of the industrial injury is received, in the following composition: 1) chairman - the head of the organization (production service) of the host party or his deputy, and in their absence - an authorized representative of the host party; 2) deputy chairman - the head of the organization of the sending party or his deputy, and in their absence - an authorized representative of the sending party; 3) members - the head of the safety and labor protection service of the organization (receiving party) and a representative of the employees of the sending party. 2. An official of the host party who is directly responsible for labor safety at the relevant site where an accident related to work has occurred is not included in the commission during the investigation. 3. A special investigation of an accident related to work activity is carried out by a commission created within twenty-four hours by the local labor inspectorate from the moment the opinion on the severity of the work injury is received, in the following composition: 1) chairman - state labor inspector; 2) members - the head of the organization (production service) of the receiving party or his deputy, as well as the head of the organization of the sending party or his deputy and a representative of the employee of the sending party. The investigation of group accidents related to labor activity, in which two people died, is carried out by a commission headed by the chief state labor inspector of the region, city of republican significance, the capital. The investigation of group accidents related to labor activity, in which three to five people died, is carried out by a commission created by the authorized state body for labor, and in case of death of more than five people - by the Government of the Republic of Kazakhstan. Article 189. Procedure for investigating accidents related to labor activity 1. The term for investigating an accident related to labor activity should not exceed ten working days from the date of the commission's establishment. If circumstances arise that objectively impede the completion of the investigation within the established time limits, the time limits for investigations may be extended by a protocol decision of the commission for ten working days no more than twice. 2. Accidents related to labor activity, which were not promptly reported to the local labor inspectorate, are investigated at the request of the victim or his authorized representative within ten working days from the date of registration of the application. 3. In each case of investigation, the commission identifies and interrogates eyewitnesses of the incident, persons who committed violations of safety and labor protection requirements, receives the necessary information from the employer and, if possible, explanations from the victim. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 4. It is strictly forbidden without the consent of the chairman of the special investigation commission to interview witnesses, eyewitnesses, as well as parallel investigations of this accident related to work, by someone or another commission on the days of work of the officially appointed commission. 5. On the basis of the collected documents and materials, the commission establishes the circumstances and causes of an accident related to work, determines the connection between the accident and the employer’s production activities and, accordingly, whether the victim’s stay at the scene of the accident was explained by the performance of his labor duties, qualifies the accident as an accident an accident related to work activity, or as an accident not related to work activity, defines the persons who committed violations of safety and labor protection requirements, and measures to eliminate the causes and prevent accidents related to work activity. 6. Investigation of an accident associated with work activity, with a severe or fatal outcome, a group accident that occurred simultaneously with two or more employees, regardless of the severity of industrial injuries of the victims and a group case of acute poisoning of workers, is drawn up by an act of a special investigation in the form established by the authorized state body for labor. 7. Investigation of accidents related to labor activity resulting from accidents of vehicles is carried out on the basis of investigation materials of the authorized body for ensuring road safety. 8. The authorized body for ensuring road safety within five days from the date of the traffic accident, at the request of the chairman of the commission for the investigation of accidents related to work, is obliged to submit copies of the investigation materials. 9. The working conditions of the commission for the investigation of accidents related to labor activity at sensitive facilities are determined taking into account the peculiarities of access to these facilities. 10. Completion of the search for the injured (injured), missing (missing) as a result of an explosion, accidents, destruction, fire and other cases at the organization's facilities, is determined by the special investigation commission based on the conclusion of the head of the emergency rescue service or formation and expert experts. See also: Rules for the investigation of cases of infectious and parasitic, occupational diseases and poisoning of the population Article 190 Paragraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. Each work-related accident that caused an employee (employees) to lose their ability to work in accordance with a medical report (recommendation) is subject to investigation. Accidents related to labor activity, with severe, fatal and group accidents are subject to special investigation. Forms of acts of investigation, special investigation and forms of acts on an accident related to labor activity, occupational disease are established by the authorized state body for labor. Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2. The act must be drawn up in accordance with the materials of the investigation and taking into account the opinion of the majority of the members of the commission. If during the investigation of an accident related to labor activity, the commission establishes that gross negligence caused the occurrence or increase of harm, then the commission applies the mixed liability of the parties and determines the degree of fault of the employee and the employer in percent. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 If one of the members of the commission for the investigation of an accident related to work does not agree with the conclusions of the commission (majority), within two working days from the completion of the investigation, he submits his reasoned opinion in writing for inclusion in the material of the investigation . He signs the act of a special investigation with the proviso "see dissenting opinion". Paragraph 3 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 3. In case of disagreement with the result of the investigation or untimely execution of the report on an accident related to work, the victim or his authorized representative, the representative of the employees have the right to apply in writing to the employer, who is obliged to consider their application within ten working days and make a decision on essence. Paragraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. Disagreements on the issues of investigation, registration and registration of accidents related to labor activity are considered: 1) the state labor inspector or the court in case of disagreement between the employer and the employee; 2) by the relevant higher state labor inspector or the court in case of disagreement between the employer, employee and the lower state labor inspector or the state inspector for state supervision in the field of industrial safety in cases that occurred at hazardous production facilities. The decision of the state labor inspector on the investigation of accidents related to labor activity is drawn up in the form of a conclusion in the form established by the authorized state body for labor. Paragraph 5 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 5. The materials of the investigation of an accident related to labor activity, along with the act of investigation, must contain: 1) information about the training and instruction on labor protection by the injured, as well as preliminary and periodic medical examinations; 2) protocols of interviews in the form established by the authorized state body for labor, and explanations of eyewitnesses of the incident, as well as officials responsible for compliance with safety and labor protection requirements; 3) plans, diagrams and photographs of the scene; 4) extracts from instructions, regulations, orders and other acts regulating the requirements for safety and labor protection, the duties and responsibilities of officials for ensuring healthy and safe working conditions at work, and others; 5) a medical report on the nature and severity of damage to the health of the victim (cause of death); 6) results of laboratory and other studies, experiments, examinations, analyzes and others; Subparagraph 7 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 7) the conclusion (if any) of the state labor inspector; Subparagraph 8 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 8) information about the material damage caused to the employer; Subparagraph 9 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 9) the order of the employer to compensate the victim (members of his family) for harm caused to health, and to bring to justice the officials responsible for the incident; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 10) list of attached documents. In the absence of the materials specified in this paragraph, the act of investigation of the accident shall reflect the relevant information indicating the reasons. 6. Upon completion of the investigation of each accident related to labor activity, in accordance with the materials of the investigation, the employer must draw up an accident report no later than three working days. 7. The act of occupational disease in the prescribed form is filled in by the employer on the basis of the conclusion of the expert occupational pathology commission. 8. The accident report is filled in and signed by the heads of the safety and labor protection service and the division of the organization, the representative of the employees of the organization in cases of poisoning, and is also signed by the representative of the state body in the field of sanitary and epidemiological welfare of the population. The accident report is approved by the employer and certified by the seal of the organization (if any). If the employer is an individual, then the accident report is completed and signed by the employer and notarized. 9. Not later than three working days after the completion of the investigation, one copy of the accident report is issued to the victim or his authorized representative, in addition, sent: 1) an insurance company with which an agreement has been concluded for insurance of an employee against accidents in the performance of his labor (official) duties; 2) to the local labor inspection body on paper and electronic media; 3) to the state body in the field of sanitary and epidemiological welfare of the population in case of poisoning. Paragraph 10 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 10. Copies of the materials of the special investigation of an accident related to work activities are transferred by the employer to the local labor inspectorate. Upon completion of the investigation of an accident related to labor activity, copies of the materials of the special investigation by the state labor inspector are sent within seven working days to the territorial police body, which, in accordance with the legislation of the Republic of Kazakhstan, takes the appropriate decision and informs about the decision no later than twenty working days. 11. The victim or the employee's representative has the right to familiarize himself with all the materials of the investigation of an accident related to labor activity, and to make the necessary extracts. 12. Each accident documented by the act is entered by the employer in the register of accidents related to work activities and other health injuries at work. The journal is kept in the form established by the authorized state body for labor. Primary statistical data on temporary disability and occupational injuries are presented in accordance with the statistical methodology approved by the authorized body in the field of state statistics. 13. The materials of the investigation of an accident related to labor activity are subject to storage in the organization (employer) for forty-five years, in the event of its liquidation, the materials of the investigation of the accident must be transferred to the state archive at the place of its activity. 14. The employer or his representative shall notify the relevant local labor inspectorate about work-related accidents that, over time, have become severe or fatal accidents, and about insured events - to the insurance organization. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 SECTION 5. CONTROL OVER COMPLIANCE WITH LABOR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN Chapter 21. STATE CONTROL OVER COMPLIANCE WITH LABOR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN Article 191. Implementation of state control over compliance with the labor legislation of the Republic of Kazakhstan 1. State control over compliance with the labor legislation of the Republic of Kazakhstan is carried out by state labor inspectors. 2. State labor inspectors include: 1) Chief state labor inspector of the Republic of Kazakhstan - an official of the authorized state body for labor; 2) chief state labor inspectors - officials of the authorized state body for labor; 3) the chief state labor inspector of a region, a city of republican significance, the capital - the head of the local body for labor inspection of a region, a city of republican significance, the capital; 4) state labor inspectors - officials of the local body for labor inspection of the region, city of republican significance, the capital. 3. State labor inspectors in the performance of their duties are protected by law and are guided by the Constitution of the Republic of Kazakhstan, laws and other regulatory legal acts of the Republic of Kazakhstan. 4. Persons who impede the state labor inspector in the performance of his official duties shall be liable in accordance with the laws of the Republic of Kazakhstan . Paragraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 05/24/18 No. 156-VI ( see previous edition ) 5. State control over compliance with the labor legislation of the Republic of Kazakhstan is carried out in the form of inspection and preventive control with a visit to the subject (object) of control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan, unless otherwise provided by international treaties ratified by the Republic of Kazakhstan. 6. Excluded in accordance with the Law of the Republic of Kazakhstan dated 24.05.18, No. 156-VI ( see previous edition ) See: Joint Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated December 25, 2015 No. 1022 and the Minister of National Economy of the Republic of Kazakhstan dated December 28, 2015 No. 801 “On Approval of Criteria for Risk Assessment and Checklists for Compliance with the Labor Legislation of the Republic of Kazakhstan” Article 192. Principles of activity and main tasks of the state labor inspectorate The activities of the state labor inspectorate are carried out on the basis of the principles of respect, observance and protection of the rights and freedoms of workers, legality, objectivity, independence and transparency. The main tasks of the state labor inspectorate are: 1) ensuring state control over compliance with the labor legislation of the Republic of Kazakhstan; 2) ensuring observance and protection of the rights and freedoms of employees, including the right to safe working conditions; 3) consideration of appeals, applications and complaints of employees and employers on issues of the labor legislation of the Republic of Kazakhstan. Article 193. Rights of state labor inspectors Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 When exercising state control over compliance with the labor legislation of the Republic of Kazakhstan, state labor inspectors have the right to: Subparagraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1) freely visit employers in order to conduct inspections of compliance with the labor legislation of the Republic of Kazakhstan in accordance with the regulatory legal acts of the Republic of Kazakhstan; 2) excluded in accordance with the Law of the Republic of Kazakhstan dated 24.05.18, No. 156-VI ( see previous edition ) 3) request and receive from employers, employees (their representatives) documents, explanations, information necessary to perform the functions assigned to them; 4) issue instructions and conclusions binding on employers, as well as draw up protocols and resolutions on administrative offenses, impose administrative penalties; 5) give explanations on issues within their competence; Subparagraph 6 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 6) suspend (prohibit) the activities of certain industries, workshops, sites, workplaces and the operation of equipment, mechanisms in case of revealing their non-compliance with the requirements of regulatory legal acts of the Republic of Kazakhstan on safety and labor protection for a period of not more than five working days with the obligatory presentation of a claim within the specified period statements to the court. In case of detection of non-compliance of the organization with the requirements of the regulatory legal acts of the Republic of Kazakhstan on safety and labor protection, which creates a threat to the life and health of employees, which cannot be eliminated by suspending (prohibiting) the activities of individual industries, workshops, sections, workplaces and the operation of equipment, mechanisms, the chief state labor inspector of the Republic of Kazakhstan, the chief state labor inspector of a region, a city of republican significance, the capital has the right to suspend (prohibit) the activities of the organization for a period not exceeding five working days with the obligatory presentation of a statement of claim to the court within the specified period. Under the threat to the life and health of workers in this subparagraph, one should understand the possibility of obtaining work-related injuries or the risk of death of workers; 7) prohibit the issuance and use of special clothing and other means of individual and collective protection at workplaces that do not meet the requirements established for them; 8) excluded in accordance with the Law of the Republic of Kazakhstan dated 24.05.18, No. 156-VI ( see previous edition ) 9) investigate, in accordance with the established procedure, accidents related to labor activity; Subparagraph 10 has been amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 10) issue orders binding on employers to remove from work employees, managers and persons responsible for ensuring safety and labor protection who have not been trained, instructed, tested knowledge on safety and labor protection, as well as to bring the guilty persons to justice; Subparagraph 11 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20, No. 321-VI ( see previous edition ) 11) send information, statements of claim and other materials to the relevant law enforcement agencies and courts on the facts of violations of the labor legislation of the Republic of Kazakhstan, non-execution by employers of acts of state labor inspectors; 12) participate in testing knowledge on safety and labor protection; See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 2, 2021 to the question dated January 28, 2021 No. 664589 Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 (dialog.egov.kz) “On training and testing knowledge on safety and labor protection issues for managers and persons responsible for ensuring safety and labor protection" 13) conduct an audit for compliance by employers with the procedure and conditions for attracting foreign labor force established by the legislation of the Republic of Kazakhstan on employment of the population and the legislation of the Republic of Kazakhstan in the field of migration of the population; 14) excluded in accordance with the Law of the Republic of Kazakhstan dated 24.05.18, No. 156-VI ( see previous edition ) 15) interact with citizens and representatives of employees in the implementation of state control over compliance with the labor legislation of the Republic of Kazakhstan; 16) exercise other rights provided for by the legislation of the Republic of Kazakhstan. Article 194. Obligations of state labor inspectors State labor inspectors are required to: 1) exercise control over compliance with the labor legislation of the Republic of Kazakhstan; 2) timely and efficiently conduct checks on compliance with the labor legislation of the Republic of Kazakhstan; 3) inform employers (their representatives) about the revealed violations of the labor legislation of the Republic of Kazakhstan in order to take measures to eliminate them; 4) timely consider the appeals of employees and employers on the application of the labor legislation of the Republic of Kazakhstan; 5) identify the causes and circumstances leading to violations of the labor legislation of the Republic of Kazakhstan, give recommendations for their elimination and restoration of violated labor rights; 6) take part in investigations of accidents related to labor activity; 7) collect, analyze and summarize the causes of violations of labor legislation, participate in the development and adoption of measures to implement measures aimed at strengthening work to prevent violations of the labor legislation of the Republic of Kazakhstan; 8) not to disclose information constituting state secrets , official, commercial or other secrets protected by law, which became known to them in connection with the performance of their labor duties; 9) carry out explanatory work on the application of the labor legislation of the Republic of Kazakhstan. Article 195. Acts of the state labor inspector Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. Based on the results of the inspection, the state labor inspector, in accordance with the Entrepreneurial Code of the Republic of Kazakhstan, draws up an act on the results of the inspection. Depending on the established violations of the labor legislation of the Republic of Kazakhstan, the state labor inspector issues (compiles) the following acts: Subparagraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ); Law of the Republic of Kazakhstan dated June 26, 20, No. 349-VI ( see previous edition ) 1) prescription: on elimination of violations of the requirements of the labor legislation of the Republic of Kazakhstan ; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 on carrying out preventive work on safety and labor protection at production facilities and equipment, as well as in production processes to prevent the occurrence of traumatic and emergency situations ; on the suspension (prohibition) of the activities of individual industries, workshops, sites, workplaces and the operation of equipment, mechanisms or activities in general; on the payment of wages by the employer. At the same time, the act on suspension (prohibition) of activities is valid until the court initiates a civil case on a statement of claim on suspension (prohibition) of activities filed in accordance with subparagraph 6) of Article 193 of this Code; 2) a protocol on an administrative offense ; 3) a decision to terminate proceedings in a case concerning an administrative offense ; 4) decision on the case of an administrative offense ; 5) conclusion of the state labor inspector . Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated June 26, 20, No. 349-VI ( see previous edition ) 2. Acts of the state labor inspector are legal measures to influence violations by employers and officials of the requirements of the labor legislation of the Republic of Kazakhstan , taking into account the requirements of paragraph 3 of Article 198 of this Code . Acts are drawn up in two copies, one of which is handed over to the employer against signature. 3. Acts of the state labor inspector are obligatory for execution by officials, individuals and legal entities. 4. The form of acts of the state labor inspector is approved by the authorized state body for labor. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 30, 2020 to the question dated November 20, 2020 No. 653262 (dialog.egov.kz) “On the order that a labor inspector should be guided by when drawing up acts during an unscheduled inspection” Article 196. Interaction of the state labor inspectorate with other state bodies and organizations 1. The State Labor Inspectorate carries out its activities in cooperation with other state bodies of supervision and control, with representatives of employees, public associations, and other organizations. 2. State bodies are obliged to assist the state labor inspector in fulfilling the tasks of exercising control over compliance with the labor legislation of the Republic of Kazakhstan. Article 197 _ _ _ _ _ Article 198 Paragraph 1 has been amended in accordance with the Law of the Republic of Kazakhstan dated 26.06.20 No. 349-VI ( see previous edition ) 1. In case of violation of the rights and legitimate interests of the employer in the exercise of state control over compliance with the labor legislation of the Republic of Kazakhstan, the employer has the right to appeal against the actions (inaction) of the state labor inspector to a higher state inspector and (or) to the court in the manner established by the legislation of the Republic of Kazakhstan , taking into account the requirements paragraph 3 of this article . 2. The Chief State Labor Inspector of the Republic of Kazakhstan or the Chief State Labor Inspector of an oblast, a city of republican significance, the capital shall have the right, prior to Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 making a decision on an application (complaint) of individuals and (or) legal entities against actions (inaction) or acts, to suspend execution, cancel or revoke acts lower state labor inspector. The article was supplemented by paragraph 3 in accordance with the Law of the Republic of Kazakhstan dated 26.06.20 No. 349-VI) 3. The order on the payment of wages by the employer may be appealed to a higher state labor inspector or to the court within ten working days from the date of receipt of the order. In case of non-execution of the order within the period established by the state labor inspector and after the expiration of the period for appeal, if it has not been appealed, the order no later than three working days after the expiration of the specified time period is sent for enforcement to the appropriate body of justice or to the regional chamber of private bailiffs by territoriality in accordance with the Law of the Republic of Kazakhstan "On enforcement proceedings and the status of bailiffs". From the date of receipt of the complaint against the order, the higher state labor inspector shall take the relevant decision on the complaint within ten working days. In the event of an appeal against the order in court, no later than three working days from the date of entry into force of the judicial act, it is sent for enforcement to the appropriate body of justice or to the regional chamber of private enforcement officers by territoriality in accordance with the Law of the Republic of Kazakhstan “On Enforcement Proceedings and Status bailiffs." Article 199 _ _ _ _ _ _ Article 200 has been amended in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI ( see previous edition ); set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) Article 200. Declaration of the activities of the employer The declaration of the employer's activities is carried out by the local labor inspection body together with regional associations (associations, unions) of employers and territorial associations of trade unions in the manner determined by the authorized state body for labor. Declaration is carried out by comparing the criteria (indicators), according to which the employer independently evaluates its activities for compliance with the requirements of the labor legislation of the Republic of Kazakhstan. Information on the declaration is entered by the employer into the information system on labor protection and safety. Employers whose activities are recognized as complying with the requirements of the labor legislation of the Republic of Kazakhstan are awarded a certificate of trust for a period of three years, which is taken into account when compiling a semi-annual list of preventive control with a visit to the subject (object) of control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan. See: Employer Declaration Rules Chapter 22. INTERNAL CONTROL Article 201. Internal control on safety and labor protection Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. Internal control for safety and labor protection includes organizing the creation and implementation of a labor protection management system , monitoring the state of working conditions, conducting operational analysis of production control data, assessing occupational risk Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 and taking measures to eliminate detected inconsistencies with safety and protection requirements labor. 2. Internal control on safety and labor protection is carried out by the employer in order to comply with the established requirements for safety and labor protection in the workplace and take immediate measures to eliminate detected violations. Article 202 1. In order to exercise internal control over compliance with safety and labor protection requirements in organizations engaged in production activities with more than fifty employees, the employer creates a labor safety and labor protection service, which reports directly to the first head of the organization or a person authorized by him. See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 26, 2020 to the question dated November 20, 2020 No. 653197 (dialog.egov.kz) “The labor safety and protection service should be created only as a separate structural unit of the organization”, Answer of the Minister labor and social protection of the population of the Republic of Kazakhstan dated February 8, 2021 to the question dated January 12, 2021 No. 661484 (dialog.egov.kz) “With the number of employees in organizations from 101 to 250 units, the standard for the number of employees of the labor protection service is 3 units”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 28, 2021 to the question dated May 21, 2021 No. 686320 (dialog.egov.kz) “Is it necessary for an organization that does not carry out production activities to create a safety and labor protection service”, Answer of the Minister of Labor and social protection of the population of the Republic of Kazakhstan dated May 28, 2021 to the question dated May 21, 2021 No. 686320 (dialog.egov.kz) “Does an organization that does not carry out production activities need to create a safety and labor protection service " 2. A model regulation on the safety and labor protection service in an organization is developed by the authorized state body for labor. 3. An employer with up to fifty employees introduces the position of a labor safety and protection specialist, taking into account the specifics of the activity, or assigns the responsibility for ensuring labor safety and labor protection to another specialist. 4. The Occupational Safety and Health Service or the specialist specified in paragraph 3 of this article shall have the right to: 1) freely visit and inspect production, amenity and other premises; 2) exercise control over the development and implementation of preventive measures to create safe and healthy working conditions, prevent industrial injuries and occupational diseases in the structural divisions of the organization; 3) issue to the employees of the organization's structural subdivisions mandatory instructions on taking measures to eliminate the identified violations of safety and labor protection. 5. The Occupational Safety and Health Service or the specialist specified in paragraph 3 of this article are obliged to: 1) monthly analyze the state and causes of occupational injuries and occupational diseases in the organization, develop prevention measures and include them in the electronic databases of the organization for permanent storage; Subparagraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 2) organize training, instruction and testing of knowledge on the issues of labor safety and labor protection of employees, managers and persons responsible for ensuring labor safety and labor protection; 3) ensure compliance with the procedure for investigating accidents related to labor activity. Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 6. The organization of safety and labor protection for small businesses can be carried out on a contractual basis with individuals or legal entities. Article 203 Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 1. At the initiative of the employer and (or) at the initiative of employees or their representatives, within no more than fifteen working days, a production council for labor safety and protection is created. It consists on a parity basis of representatives of the employer, representatives of employees, including technical inspectors in labor protection . See: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 22, 2019 (enbek.gov.kz) “On the establishment of a production council for labor safety and protection and its composition”, Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 18, 2021 of the year to the question of November 3, 2021 No. 712852 (dialog.egov.kz) “Creating a works council is not the responsibility of the employer” 2. The composition of the production council for safety and labor protection is approved by a joint decision of the employer and employee representatives. 3. The production council for safety and labor protection is headed by a chairman elected by the members of the council from among the representatives of the employer and employees on a rotational basis with a frequency of two years. The decisions of the works council on safety and labor protection are binding on the employer and employees. Paragraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 04.05.20 No. 321-VI ( see previous edition ) 4. The production council for labor safety and protection organizes joint actions of the employer and employees to ensure safety and labor protection requirements, prevent industrial injuries and occupational diseases, and also organizes inspections of labor conditions and labor protection at workplaces by technical labor protection inspectors. 5. Technical inspectors for labor protection are approved by the decision of the production council for labor safety and protection. The status, rights and obligations of technical inspectors for labor protection, as well as the procedure for exercising control by them, are determined by the decision of the production council for labor safety and protection. Chapter 23. FINAL PROVISIONS Article 204 1. This Code shall enter into force on January 1, 2016. See: Letter of the Prosecutor General's Office dated January 19, 2016 No. 2-010721-16-03143 "Possibility of applying the norms (which were absent in the previous Labor Code) to labor relations that arose before the entry into force of the Code" 2. Establish that from January 1, 2017: 1) subparagraph 64) of paragraph 1 of Article 1 is valid as follows: "64) specialized organizations for the certification of production facilities - organizations that carry out activities for the certification of production facilities for working conditions, having qualified personnel and having testing laboratories accredited in accordance with the legislation of the Republic of Kazakhstan;"; Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016 2) subparagraph 4) of paragraph 1 of Article 26 is valid in the following wording: "4) with foreigners and stateless persons temporarily residing on the territory of the Republic of Kazakhstan, until obtaining permission from the local executive body to attract foreign labor or a certificate of compliance with qualifications for self-employment, issued in the manner determined by the authorized body for population migration, foreign employees, or until obtaining a permit for a labor immigrant issued by the internal affairs bodies in the manner established by the Ministry of Internal Affairs of the Republic of Kazakhstan, or without observing the restrictions or exemptions established by the laws of the Republic of Kazakhstan;”; 3) subparagraph 6) of paragraph 1 of Article 30 is valid as follows: "6) within the terms established by the legislation of the Republic of Kazakhstan for the implementation of labor activities by foreign workers arriving for independent employment, permits issued by the local executive body to attract foreign labor or a permit issued by internal affairs bodies to a labor immigrant;"; 4) subparagraph 1) of paragraph 1 of Article 57 is valid as follows: “1) when the local executive bodies revoke the permit to attract foreign labor or the expiration of the residence permit;”; 5) subparagraph 3) of Article 60 is valid in the following wording: "3) conclusion of an employment contract with foreigners and stateless persons without obtaining, in the prescribed manner, certificates of qualifications for self-employment or permission to attract foreign labor or without observing the restrictions or exemptions established by the laws of the Republic of Kazakhstan;". 3. Recognize as invalid from the date of entry into force of this Code: 1) The Labor Code of the Republic of Kazakhstan dated May 15, 2007 (Bulletin of the Parliament of the Republic of Kazakhstan, 2007, No. 9, Art. 65; No. 19, Art. 147; No. 20, Art. 152; No. 24, Art. 178; 2008, No. 21, item 97; No. 23, item 114; 2009, No. 8, item 44; No. 9-10, item 50; No. 17, item 82; No. 18, item 84; No. 24, pp. 122, 134; 2010, No. 5, pp. 23; No. 10, pp. 48; No. 24, pp. 146, 148; 2011, No. 1, pp. 2, 3 ; No. 11, item 102; No. 16, item 128; 2012, No. 3, item 26; No. 4, item 32; No. 5, item 41; No. 6, item 45; No. 13, 91; No. 14, article 92; No. 15, article 97; No. 21-22, article 123; 2013, No. 2, article 13; No. 3, article 15; No. 7, article 36; No. 9, article 51; No. 10-11, article 56; No. 14, articles 72, 75; No. 15, articles 78, 81; No. 16, article 83; No. 23-24, article 116; 2014, No. 2, item 10; No. 7, item 37; No. 8, item 44, 49; No. 11, item 67; No. 14, item 84; No. 16, item 90; No. 19-I, 19-II, article 96; No. 21, article 122; No. 23, article 143; 2015, No. 1, article 2; No. 3, article 13; No. 7, article 33; No. 8, item 45; No. 10, item 50; No. 11, item 56; No. 14, item 72; No. 15, item 78); 2) The Law of the Republic of Kazakhstan dated May 15, 2007 “On the Enactment of the Labor Code of the Republic of Kazakhstan” (Bulletin of the Parliament of the Republic of Kazakhstan, 2007, No. 9, Article 66). The president Republic of Kazakhstan N. NAZARBAYEV Astana, Akorda, November 23, 2015 No. 414-V ZRK Source: Information system "PARAGRAPH" Document: Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (as amended and supplemented as of December 30, 2021) Document status: active. Date: 01/01/2016