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

of September 30, 2024 No. 390

About introduction of amendments to some orders

I ORDER:

1. Approve the enclosed list of some orders to which changes are made.

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

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

2) placement of this order on official 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 calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan to provide to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan 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.

It is approved Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Appendix

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of September 30, 2024 No. 390

The list of some orders to which changes are made

1. Bring in the order of the Minister of health and social development of the Republic of Kazakhstan of November 30, 2015 No. 909 "About approval of Rules of declaring of activities of the employer" (it is registered in the Register of state registration of regulatory legal acts for No. 12601) the following changes:

in the Rules of declaring of activities of the employer approved by the specified order:

in Item 3:

3) to state the subitem in the following edition:

"3) territorial subdivision of authorized state body on work (territorial subdivision) – structural division of authorized state body on work, the powers performing within the corresponding administrative and territorial unit in the field of regulation of employment relationships according to the legislation of the Republic of Kazakhstan;";

7) to state the subitem in the following edition:

"7) the state inspectors of work – officials of territorial subdivision of area, city of republican value, the capital.";

5, of 6, of 7, 8 and 9 to state Items in the following edition:

"5. Declaring of activities of the employer is performed by territorial subdivision of authorized state body on work together with regional associations of employers and territorial trade union associations.

6. The employer in personal account of the state information portal "Electronic employment exchange" fills in the statement declaration for activities of the employer for observance of labor rights of workers (further – the declaration) according to appendix 1 to these rules and sends it to territorial subdivision of authorized state body on work, in the organization location, through the automated information system of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan "Labor protection and safety".

7. The territorial subdivision of authorized state body on work within twenty working days from the date of adoption of the declaration in the automated information system of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan "Labor protection and safety" makes the decision on compliance or discrepancy of activities of the employer to requirements of the labor law of the Republic of Kazakhstan". The employer in personal account of the state information portal "Electronic employment exchange" receives the notification on the made decision.

8. The decision on compliance or discrepancy of activities of the employer to requirements of the labor law of the Republic of Kazakhstan is accepted by territorial subdivision of authorized state body on work according to the recommendation of the commission on declaring of activities of the employer (further - the commission) created by territorial subdivision of authorized state body on work.

9. The commissions without fail are included representatives of territorial subdivision of authorized state body on work, regional merging of employers and territorial trade union association.

On commission session representatives of employer can participate.";

state Item 13 in the following edition:

"13. The certificate of trust is considered when forming of authorized state body by territorial subdivision on work of preventive control with visit of the subject of the control established by the Labor code of the Republic of Kazakhstan.

Concerning the employer - the owner Sertifikat of trust preventive control with visit is not carried out.";

16, 17 and 18 to state Items in the following edition:

"16. The decision on cancellation of action of the Certificate of trust is made by territorial subdivision of authorized state body on work according to the recommendation of the commission, and goes to the employer within three working days from the date of its acceptance.

17. The territorial subdivision of authorized state body on work within five working days from the date of decision making about compliance of activities of the employer to requirements of the labor law of the Republic of Kazakhstan, and cancellation of action of the Certificate of trust, represents to authorized state body on work of the information about employers owners of the Certificate of trust.

Information on the employers having the Certificate of trust is placed on Internet resource of authorized state body on work within three working days from the date of receipt of information about employers - owners of the Certificate of trust.

18. In case of disagreement with the decision of territorial subdivision of authorized state body on work the employer can appeal it judicially.";

be reworded as follows appendices 1 and 2 according to appendices 1 and 2 to this list.

2. Bring in the order of the Minister of health and social development of the Republic of Kazakhstan of December 28, 2015 No. 1055 "About approval of forms on registration of materials of investigation of the accidents connected with labor activity" (it is registered in the Register of state registration of regulatory legal acts for No. 12655) the following change:

to be reworded as follows appendix 4 to the specified order according to appendix 3 to this list.

3. Bring in the order of the Minister of health and social development of the Republic of Kazakhstan of November 28, 2016 No. 988 "About approval of the forms intended for collection of the administrative data provided by local authorities on inspection of work and recognition No. 509 which voided the order of the Minister of health and social development of the Republic of Kazakhstan of June 23, 2015 "About approval of the forms intended for collection of the administrative data provided by local authorities on inspection of work and instructions for their filling" (it is registered in the Register of state registration of regulatory legal acts for No. 14625) the following changes:

state heading in the following edition:

"About approval of the forms intended for collection of the administrative data provided by territorial subdivisions of authorized state body on work and recognition No. 509 which voided the order of the Minister of health and social development of the Republic of Kazakhstan of June 23, 2015 "About approval of the forms intended for collection of the administrative data provided by local authorities on inspection of work and instructions for their filling";

state preamble in the following edition:

"According to the subitem 3) 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, the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" I ORDER:";

1, of 2, of 3, 4 and 5 to the specified order to be reworded as follows appendices according to appendices 4, of 5, of 6, 7 and 8 to this list.

4. Bring in the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of July 16, 2020 No. 283 "About approval of Rules of implementation of lump social sum payment on case of loss of the income in connection with introduction of restrictive actions" (it is registered in the Register of state registration of regulatory legal acts for No. 20985) the following changes:

in Rules of implementation of lump social sum payment on case of loss of the income in connection with introduction of the restrictive actions approved by the specified order:

5) of Item 3 to exclude the subitem;

third of Item 8 to state part in the following edition:

"In case of non-compliance with requirements of these rules by the employer the worker addresses to territorial subdivision of authorized state body on work.".

5. Bring in the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of December 4, 2020 No. 477 "About approval of the form intended for collection of the administrative data "Data on the Number of Collective Agreements" (it is registered in the Register of state registration of regulatory legal acts for No. 21739) the following change:

to be reworded as follows appendix to the specified order according to appendix 9 to this list.

6. Bring in the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 30, 2023 No. 274 "About approval of Rules of establishment of quota for attraction of foreign labor power to the Republic of Kazakhstan and its distributions between areas, the cities of republican value, the capital" (it is registered in the Register of state registration normative legal for No. 32955) the following change:

in the Rules of establishment of quota for attraction of foreign labor power to the Republic of Kazakhstan and its distributions between areas, the cities of republican value, the capital approved by the specified order:

state Item 9 in the following edition:

"9. The commission is created by local executive bodies. The Commissions are included representatives of territorial authorities of internal affairs, local executive bodies in the fields of education, entrepreneurships, territorial subdivision of authorized state body on work, regional chamber of entrepreneurs and association (under approval), territorial trade union associations at the level of area, the city of republican value and the capital (under approval).".

7. Bring in the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 30, 2023 No. 279 "About approval of Rules and conditions of issue or prolongation of permissions to employers to attraction of foreign labor power, and also implementation of internal transfer" (it is registered in the Register of state registration of regulatory legal acts for No. 32977) the following changes:

in Rules and conditions of issue or prolongation of permissions to employers to attraction of foreign labor power, and also the implementation of internal transfer approved by the specified order:

state Item 10 in the following edition:

"10. The Commissions are included representatives of law-enforcement bodies, body in the field of education and territorial subdivision of authorized state body on work.";

2) of Item 78 to state the subitem in the following edition:

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