THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of July 29, 2023 No. 326

About approval of the Standard regulations on payment terms of work and awarding of leading employees of the national companies, joint-stock companies, controlling stocks which belong to the state

According to subitem 17-4) of Item 15 of the Regulations on the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of February 18, 2017 No. 81 "Some questions of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan" I ORDER:

1. Approve the enclosed Standard regulations on payment terms of work and awarding of leading employees of the national companies, joint-stock companies, controlling stocks which belong to the state.

2. To provide to department of work and social partnership of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice 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 after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan 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) and 2) of this Item.

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

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

Approved by the Order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of July 29, 2023 No. 326

Standard regulations on payment terms of work and awarding of leading employees of the national companies, joint-stock companies which controlling stocks the state owns

Chapter 1. General provisions

1. This Standard regulations on payment terms of work and awarding of leading employees of the national companies, joint-stock companies which controlling stocks the state owns (further - the Standard provision) are developed for the purpose of ensuring single approaches in questions of compensation and awarding of leading employees of the national companies, joint-stock companies which controlling stocks the state owns (further - the organizations).

2. The basic concepts used in this Standard provision:

1) compensation - system of the relations connected with ensuring obligatory payment with the employer to the worker of remuneration for its work according to the Labor code of the Republic of Kazakhstan (further - the Labor code), other regulatory legal acts of the Republic of Kazakhstan, and also agreements, labor, collective agreements, acts of the employer and this Standard provision;

2) official pay rate - the fixed amount of compensation of the worker in month for accomplishment of regulations of work (labor obligations) taking into account qualification of the worker, complexity, quantity, quality and conditions of the performed work;

3) annual bonus - the remuneration following the results of work in year paid to leading employees of the organization once a year depending on results of work with the purpose of financial incentive of the achieved success and increase in overall performance.

3. Treat leading employees of the organization:

1) first head;

2) deputy manager;

3) member of executive body (board).

4. Compensation and awarding of leading employees of the organization are made at the expense of the means provided on compensation in the budget of the organization for the current financial year.

5. The size of monthly official pay rate and condition of awarding of the leading employee of the organization are determined in the employment contract signed according to the procedure, established by the Labor code.

Chapter 2. Payment terms of work and awarding

6. The size of monthly official pay rate of leading employees of the organization is determined differentially depending on complexity of the performed work, post, features and scales of production (business) and the related risks, industry specifics of work, from role and the place of the organization in social and economic development of the republic.

7. For the purpose of strengthening of interest of leading employees of the organization in increase in production efficiency and quality of work following the results of work for years of dependence on results of work, and also the achieved success payment of annual bonus is made. The annual bonus has no permanent character.

8. The size of annual bonus is determined on the basis of individual approach to assessment of activities of each leading employee of joint-stock companies which controlling stocks are owned by the state, except for of joint-stock companies which are national managing holdings, national holdings, the national companies which are part of national managing holdings, national holdings, and depends on qualitative and quantitative indices of accomplishment of their development plan.

9. Annual bonuses are paid to leading employees by results of financial year after approval in accordance with the established procedure of results of financial and economic organization activity on the basis of the audited financial reporting.

10. Calculation of the average salary of the leading employee is made according to the order of the Minister of health and social development of the Republic of Kazakhstan of November 30, 2015 No. 908 "About approval of Single rules of calculation of the average salary" (it is registered in the Register of state registration of regulatory legal acts at No. 12533).

11. In case of establishment of wages system and awarding of leading employees the Board of directors of the organization is guided by this Standard provision.

The procedure and payment terms of work and payment of annual bonus to leading employees of the organization are determined by the solution of the Board of directors of the organization.

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