JOINT ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2018 No. 473, on October 31, 2018 No. 43

About introduction of amendments to the joint order of the Minister of health and social development of the Republic of Kazakhstan of December 25, 2015 No. 1022 and the Minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 801 "About approval of Criteria for evaluation of risk degree and checking sheets behind observance of the labor law of the Republic of Kazakhstan"

According to part three of Item 3 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 we ORDER:

1. Bring in the joint order of the Minister of health and social development of the Republic of Kazakhstan of December 25, 2015 No. 1022 and the Minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 801 "About approval of Criteria for evaluation of risk degree and checking sheets behind observance of the labor law of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 12656, it is published in information system of law of Ad_let on February 17, 2016) the following changes:

The Criteria for evaluation of risk degree behind observance of the labor law of the Republic of Kazakhstan approved by the specified joint order to be reworded as follows 1) according to appendix 1 to this joint order;

Checking leaf behind observance of the labor law of the Republic of Kazakhstan concerning the organizations which are engaged in release and production of products, development, production and conversion of minerals, construction and other types of productive activity to be reworded as follows 2) according to appendix 2 to this joint order;

Checking leaf behind observance of the labor law of the Republic of Kazakhstan concerning the organizations of the non-productive sphere (health care, education, culture, social security, trade, services in accommodation and food) to be reworded as follows 3) according to appendix 3 to this joint order;

Checking leaf behind observance of the labor law of the Republic of Kazakhstan concerning the organizations of the non-productive sphere which employees perform labor activity office rooms to be reworded as follows 4) according to appendix 4 to this joint order.

2. In the time 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:

1) state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this joint order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this joint order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan;

4) within ten working days after state registration of this joint order submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), and 3) of this Item.

3. To impose control of execution of this joint order on the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Altayev N. B.

4. This joint order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Joint Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of October 31, 2018 No. 473, on October 31, 2018 No. 43

Appendix 1

to the Joint Order of the Minister of health and social development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 25, 2015 No. 1022, on December 28, 2015 No. 801

Criteria for evaluation of risk degree behind observance of the labor law of the Republic of Kazakhstan

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree behind observance of the labor law of the Republic of Kazakhstan (further - Criteria) are developed according to the Labor code of the Republic of Kazakhstan of November 23, 2015, the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) and Rules of forming of system of risks assessment by the state bodies approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts for No. 17371) for selection of subjects of control when carrying out preventive control with visit of the subject of control.

2. In these Criteria the following concepts are used:

1) subjects of control - physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control is exercised;

2) insignificant violations - violations of the labor law regarding legality of the adopted acts of the employer concerning employment relationships, implementation of guarantees and compensation payments and also violations of the law about employment of the population and attraction of foreign labor power;

3) considerable violations - violations of the labor law, including on safety and labor protection, not relating to gross and insignificant violations according to subitems 4) and 2) this Item;

4) gross violations - the violations of the labor law specified in subjective criteria for evaluation of risk degree according to appendix to these Criteria;

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