ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of March 3, 2017 No. 18

About some questions of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan

According to the Presidential decree of the Republic of Kazakhstan of January 25, 2017 to No. 412 "About further enhancement of system of public administration of the Republic of Kazakhstan", the order of the Government of the Republic of Kazakhstan of February 18, 2017 No. 81 "About some questions of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan", I ORDER:

1. Approve provisions:

1) public institution "Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan" according to appendix 1 to this order;

2) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Akmola area" according to appendix 2 to this order;

3) public institution Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the Aktyubinsk region according to appendix 3 to this order;

4) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across Almaty region" according to appendix 4 to this order;

5) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Atyrau area" according to appendix 5 to this order;

6) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the East Kazakhstan region" according to appendix 6 to this order;

7) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Jambyl area" according to appendix 7 to this order;

8) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the West Kazakhstan region" according to appendix 8 to this order;

9) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the Karaganda region" according to appendix 9 to this order;

10) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the Kostanay region" according to appendix 10 to this order;

11) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Kyzylorda area" according to appendix 11 to this order;

12) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across Mangystau Region" according to appendix 12 to this order;

13) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the Pavlodar region" according to appendix 13 to this order;

14) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the North Kazakhstan area" according to appendix 14 to this order;

15) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the Turkestan region" according to appendix 15 to this order;

16) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the city of Astana" according to appendix 16 to this order;

17) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the city of Almaty" according to appendix 17 to this order;

18) public institution "Department of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the city of Shymkent" according to appendix 18 to this order.

2. In the procedure established by the legislation to provide to committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further - Committee):

1) the direction of the copy of this order in the state and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan.

3. Declare invalid the order of the Minister of health and social development of the Republic of Kazakhstan of October 17, 2014 No. 145 "About some questions of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts of the Ministry of Justice of the Republic of Kazakhstan of October 27, 2014 for No. 9835).

4. This order becomes effective from the date of its signing.

Appendix 1

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 3, 2017 No. 18

Provision of public institution "Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan"

Chapter 1. General provisions

1. The public institution "Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan" (further - Committee) is the department of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further - the Ministry) performing realizable and control functions in the field of work including safety and labor protections, employment, migration and social protection of the population within competence.

2. The committee performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

3. The committee is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The committee enters the civil relations from own name. The committee has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

5. The committee on questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the chairman of Committee.

6. The structure and limit of the number of staff of Committee affirm according to the current legislation of the Republic of Kazakhstan.

7. Legal address of Committee: The Republic of Kazakhstan, the city of Astana, Esilsky district, Prospekt Mang_l_k ate 010000,, the house 8, the office building "The house of the ministries", the 6th entrance.

8. Full name of Committee - republican public institution "Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan".

9. This Provision is the constituent document of Committee.

10. Financing of activities of Committee is performed from the republican budget.

11. The committee is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.

If the Committee by legal acts of the Republic of Kazakhstan is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget.

Chapter 2. Main objectives and functions, rights and obligations of Committee

12. Tasks of Committee:

1) implementation of the state control of observance of the labor law of the Republic of Kazakhstan, including requirements for safety and labor protection, legislations on employment of the population, pension and social security, social protection of disabled people, special social services, on compulsory social insurance, population shift;

2) realization of state policy in the field of work, including safety and labor protections, pension and social security, compulsory social insurance, social support of families with children, provision of the public assistance to separate categories of citizens, social protection of disabled people, in the field of provision of special social services, population shift within the competence.

13. Functions of Committee:

1) program implementation in the field of work, including safety and labor protections, pension and social security, social protection, population shift, monitoring and program implementation in the field of employment of the population within the competence;

2) realization of state policy in the field of work, including safety and labor protections; pension and social security, compulsory social insurance; social support of families with children, provision of the public assistance to separate categories of citizens, social protection of disabled people, in the field of provision of special social services, population shift within the competence;

3) organization and implementation of the state control of observance of the labor law of the Republic of Kazakhstan, including requirements for safety and labor protection, legislations on employment of the population; pension and social security; to social protection of disabled people; about compulsory social insurance; special social services, and also population shift within the competence;

4) the organization of monitoring and risks assessment in the field of work, including safety and labor protections;

5) adoption of normative legal orders with direct competence on their approval of regulatory legal acts of the ministry, except for the regulatory legal acts affecting rights and freedoms of man and citizen;

6) implementation of request of necessary information from local authorities on inspection of work concerning employment relationships;

7) implementation of methodical management and coordination of local executive bodies in the field of regulation of employment relationships;

8) implementation of check of activities of local body for inspection of work;

9) approval of appointment of the chief state inspector of work of area, city of republican value, capital;

10) participation in implementation of monitoring of execution by subsoil users of contract commitments according to local content in personnel, and also to providing conditions and compensations of the Kazakhstan personnel on non-discriminatory basis;

11) the organization of monitoring and risks assessment in the field of work, safety and labor protections;

12) participation in training and examination at the leading employees and persons responsible for safety and labor protections at employers;

13) creation of the commission for investigation of group accidents according to the Labor code of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan;

14) conducting investigation of group accidents in case of which died from three to five people the commission created by Committee;

15) control of timely and objective conducting investigation of the accidents connected with labor activity according to the procedure, established by the legislation of the Republic of Kazakhstan;

16) consideration of the disagreements which arose concerning investigation, registration and registration of the accidents connected with labor activity between the employer, the worker and the state inspector of work;

17) consideration of claims about refusal of assignment of the status of the oralman;

18) consideration of the applications of foreign workers about issue of the reference of compliance of qualification for independent employment;

19) forming of the centralized database of foreign workers, creation of the information system "Foreign Labor Power" and ensuring their interaction with information systems of the relevant authorized state bodies;

20) forming of the single database of labor migrants and ethnic Kazakhs and ensuring interaction with the corresponding information systems of law-enforcement bodies, bodies of homeland security, the Ministry of Foreign Affairs of the Republic of Kazakhstan;

21) implementation of methodical management of local executive bodies in the field of population shift;

22) carrying out monitoring of realization of regional quota of acceptance of oralmans and immigrants;

23) establishment of the size of budget subsidy of compulsory pension contributions to receivers of social payment on case of loss of the income in connection with child care of age of one year on reaching it;

24) decision making about appointment or about refusal in purpose of the state base retirement benefit, the public social benefits on disability, on the occasion of loss of the supporter and on age, retirement benefits on age, the special public welfare payment, the public special welfare payment, lump-sum public welfare payments granted and paid in connection with the birth of the child and on child care of age of one year on reaching it, the monthly public welfare payment granted and paid to mother or the father, the adoptive father (adopter), the guardian (custodian) who is bringing up the handicapped child (handicapped children), the public assistance in type of monthly payment to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life or health of workers by the legal entities liquidated owing to bankruptcy, immediate monetary compensation to citizens the victim owing to nuclear testing on the Semipalatinsk test nuclear test site, to the victims of political repressions, lump sum payment on burial, differences between the amount of compulsory pension contributions taking into account the rate of inflation and the amount of pension accruals at the time of acquisition of right to retirement benefits at the expense of budgetary funds and ensuring their payments;

25) the organization of data collection about the number of receivers and the amounts of retirement and social benefits at the expense of budgetary funds, social payments from the State Social Insurance Fund (further - Fund);

26) explanation concerning appointment and receipt of retirement and social benefits at the expense of budgetary funds, and also appointment and receipt of social payments from Fund;

27) receipt of data on activities of Fund, and also from state bodies and the organizations of the data necessary for implementation of the control functions;

28) control of timeliness and completeness of payment of the state base retirement benefit, retirement benefits on age, the public social benefits on disability, on the occasion of loss of the supporter and on age, the special public welfare payment, the public special welfare payment, lump-sum public welfare payments granted and paid in connection with the birth of the child and on child care of age of one year on reaching it, the monthly public welfare payment granted and paid to mother or the father, the adoptive father (adopter), the guardian (custodian) who is bringing up the handicapped child (handicapped children), the public assistance in type of monthly payment to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life or health of workers by the legal entities liquidated owing to bankruptcy, immediate monetary compensation to citizens the victim owing to nuclear testing on the Semipalatinsk test nuclear test site, to the victims of political repressions, lump sum payment on burial, differences between the amount of compulsory pension contributions taking into account the rate of inflation and the amount of pension accruals at the time of acquisition of right to retirement benefits at the expense of budgetary funds and social payments from Fund;

29) in the presence of the bases check of reliability of the documents necessary for purpose of the state base retirement benefit, retirement benefits on age, the public social benefits on disability, on the occasion of loss of the supporter and on age, the special public welfare payment, the public special welfare payment, lump-sum public welfare payments granted and paid in connection with the birth of the child and on child care of age of one year on reaching it, the monthly public welfare payment granted and paid to mother or the father, the adoptive father (adopter), the guardian (custodian) who is bringing up the handicapped child, the public assistance in type of monthly payment to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life or health of workers by the legal entities liquidated owing to bankruptcy, immediate monetary compensation to citizens the victim owing to nuclear testing on Semipalatinsk

the test nuclear test site, to the victims of political repressions, lump sum payment on burial, differences between the amount of compulsory pension contributions taking into account the rate of inflation and the amount of pension accruals at the time of acquisition of right to retirement benefits at the expense of budgetary funds;

30) implementation of internal control of activities of Fund according to the procedure, established by the Law of the Republic of Kazakhstan "About ministerial procedures";

31) conducting medico-social examination;

32) establishment of group of disability and (or) extent of disability with determination of the reason, term depending on extent of disorder of functions of organism and restrictions of life activity;

33) development of social and professional parts of the individual program of rehabilitation of disabled people, determination of need of the worker who sustained the injuries or other damage of health connected with execution of labor (office) obligations by it in the additional types of the help and leaving provided by the civil legislation of the Republic of Kazakhstan;

34) studying of level and reasons of disability of the population;

35) documents acceptance on purpose of the public basic social benefit on disability in case of primary establishment of disability;

36) monitoring of rendering the state services by territorial departments of Committee in the field of social protection of the population within competence;

37) implementation of internal control behind timely and objective conducting checks by territorial departments in the field of social protection of disabled people and in the field of provision of special social services;

38) forming and support of databases in the field of work, employment, migration and social protection of the population, social security, including provision of pensions and compulsory social insurance;

39) monitoring of ensuring with territorial departments of Committee of control of timely and correct purpose of social payments by Fund;

40) monitoring of ensuring with territorial departments of Committee of control of timely and complete transfer to the receiver of social payments by the State corporation;

41) monitoring of consideration by territorial departments of Committee of claims of participants of system of compulsory social insurance concerning appointment, refusal in purpose of social payments by Fund, and also timely and complete transfer of social payments by the State corporation;

42) within competence consideration of appeals of physical persons and legal entities concerning work, employment, migration, social protection of the population, provision of pensions and compulsory social insurance;

43) implementation of other functions provided by the laws, acts of the President and the Government of the Republic of Kazakhstan.

14. Rights and obligations of Committee:

1) to perform interaction with other state bodies and the organizations;

To request 2) from physical persons and legal entities, the organizations, the central state and local executive bodies documents and the references of information nature necessary for ensuring analytical work and accomplishment of the functions assigned to Committee;

3) to make decisions on the questions entering competence of Committee;

4) to perform checks and other forms of the state control of observance of requirements of the labor law of the Republic of Kazakhstan, including requirements for safety and labor protection, legislations on employment of the population, provision of pensions, social protection of disabled people, on compulsory social insurance, special social services, population shifts, within the competence;

5) to participate in work of the commissions and the working groups on discussion of the questions entering competence of Committee;

6) within the competence to make offers to management of the Ministry of modification and amendments in regulatory legal acts on the questions entering competence of the Ministry and Committee;

To create 7) under Committee advisory advisory bodies and commissions of experts;

8) to provide timely and high-quality execution of orders of the Head of state, Administration of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, and also plans of bill works of the Government of the Republic of Kazakhstan for the corresponding years;

9) to represent the Ministry in the state and non-state organizations for the questions entering competence of Committee;

10) to observe the legislation of the Republic of Kazakhstan, without violating the rights and freedoms protected by the law interests of physical persons and legal entities.

11) to perform other rights and obligations provided by legal acts of the Republic of Kazakhstan.

Chapter 3. Organization of activities of Committee

15. The committee has the powers necessary for realization of its main objectives and functions, according to legal acts, acts of the President of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan.

16. The committee is headed by the Chairman of Committee - the Chief state inspector of work of the Republic of Kazakhstan (further - the Chairman) appointed to position and dismissed according to the procedure, established by the legislation of the Republic of Kazakhstan.

17. The chairman of Committee will organize and directs work of Committee and bears the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of the functions by it.

18. For this purpose Chairman of Committee:

1) is provided by forming of Committee by qualified personnel and increase in their professional level;

Appoints 2) and dismisses employees of Committee, except for workers whose questions of employment relationships according to legal acts are carried to competence of state bodies and higher officials;

Appoints 3) in coordination with higher officials and dismisses deputy managers and heads of territorial subdivisions;

4) determines obligations and powers of vice-chairmen of Committee;

5) determines obligations and powers of employees of Committee, heads and deputy managers of territorial subdivisions;

6) resolves issues of sending, provision of leaves, awardings, establishments of allowances to official pay rates, rendering financial support, preparation (retraining), advanced training of employees of Committee;

7) resolves issues of provision of leaves, awardings, establishments of allowances to official pay rates, rendering financial support, preparation (retraining), advanced training of deputy managers of territorial subdivisions;

8) resolves issues of imposing of authority punishments on employees of Committee, except for workers whose questions of employment relationships according to legal acts are carried to competence of state bodies and higher officials;

9) is represented by Committee in state bodies and other organizations, irrespective of patterns of ownership;

10) makes decisions on presentation on behalf of Committee of claims and claims;

11) makes decisions and signs legal acts on the questions entering competence of Committee;

12) accepts normative legal orders on the questions entering competence of Committee with direct competence on their approval of acts of the ministry, except for the acts affecting the rights and freedoms of the citizen;

13) takes the measures directed to anti-corruption in Committee;

14) is performed by reception of citizens.

19. The chairman of Committee has the deputies appointed to position and dismissed according to the procedure, established by the legislation of the Republic of Kazakhstan.

20. Vice-chairmen of Committee:

1) coordinate activities of Committee within the powers;

2) in absence period of the Chairman of Committee perform management of activities of Committee and bear the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of functions within the powers;

3) is performed by other functions assigned by the Chairman of Committee.

21. The documents sent on behalf of Committee to other structural divisions of the Ministry of the questions entering competence of Committee are signed by the chairman of Committee, and in case of absence - replacement his face.

Chapter 4. Property of Committee

22. The committee can have on the right of operational management the isolated property, in cases, stipulated by the legislation the Republic of Kazakhstan.

The property of Committee is created at the expense of the property transferred to it by the state and also other property which cost is reflected in balance of Committee.

23. The property assigned to Committee belongs to republican property.

24. The committee has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the funds allocated to it according to the plan of financing if other is not established by the legislation.

Chapter 5. Reorganization and liquidation of Committee

25. Reorganization and liquidation of Committee are performed according to the legislation of the Republic of Kazakhstan.

Appendix 2

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 3, 2017 No. 18

Provision of public institution "Department of Committee of work, social protection and migration on Akmola area"

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