LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 23, 2015 No. 415-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work regulation

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of trading activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan in connection with the accession to the World Trade Organization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 28, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning architectural, town-planning and construction activities", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 30, 2015; The Law of the Republic of Kazakhstan of October 28, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning culture and historical and cultural heritage", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 30, 2015; The law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning entrepreneurship", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015; The Law of the Republic of Kazakhstan of October 31, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of system of administration of law", published in the Egemen Kazakstan and Kazakhstan Truth newspapers 3

November, 2015):

Headings of Articles 95 and 96 to state 1) in table of contents in the following edition:

"Article 95. Failure to provide of investigation of the accidents connected with labor activity

Article 96. Concealment of the fact of the accident connected with labor activity";

Articles 86 and 87 to state 2) in the following edition:

"Article 86. The admission to work of person without execution of an employment agreement

1. The admission the employer to work of person without execution of an employment agreement

attracts penalty on officials in the amount of thirty, on small business entities or non-profit organizations - in the amount of sixty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of hundred fifty monthly settlement indicators.

2. Action (failure to act) provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on officials in the amount of sixty, on small business entities or non-profit organizations - in the amount of eighty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of two hundred monthly settlement indicators.

3. The action (failure to act) provided by part one of this Article, made concerning minors

attracts penalty on officials in the amount of fifty, on small business entities or non-profit organizations - in the amount of eighty, on subjects of medium business - in the amount of hundred fifty, on subjects of big business - in the amount of two hundred monthly settlement indicators.

4. Action (failure to act) provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on officials in the amount of seventy, on small business entities or non-profit organizations - in the amount of hundred fifty, on subjects of medium business - in the amount of two hundred, on subjects of big business - in the amount of three hundred monthly settlement indicators, with suspension of action of the license.

Article 87. Violation of requirements for compensation

1. Nonpayment of the salary by the employer in full and in terms which are established by the labor law of the Republic of Kazakhstan and not charge and nonpayment of penalty fee for the period of payment delay because of the employer is equal

attract penalty on officials in the amount of thirty, on small business entities or non-profit organizations - in the amount of sixty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of hundred fifty monthly settlement indicators.

2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attract penalty on officials in the amount of sixty, on small business entities or non-profit organizations - in the amount of eighty, on subjects of medium business - in the amount of hundred fifty, on subjects of big business - in the amount of two hundred monthly settlement indicators.

3. Violation of requirements of the labor law of the Republic of Kazakhstan for overtime payment, works in festive and the days off, and also compensation at night

attracts penalty on officials in the amount of thirty, on small business entities or non-profit organizations - in the amount of sixty, on subjects of medium business - in the amount of eighty, on subjects of big business - in the amount of hundred twenty settlement indicators.

4. The actions provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,

attract penalty on officials in the amount of sixty, on small business entities or non-profit organizations - in the amount of eighty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of hundred fifty monthly settlement indicators.";

In paragraph one of Article 88 of the word of "labor leave" shall be replaced with words 3) "paid annual labor leave or its part";

Heading and paragraph one of part one of Article 95 to state 4) in the following edition:

"Article 95. Failure to provide of investigation of the accidents connected with labor activity

1. Failure to provide of investigation of the accidents connected with labor activity according to the requirement of the labor law of the Republic of Kazakhstan -";

Heading and paragraph one of part one of Article 96 to state 5) in the following edition:

"Article 96. Concealment of the fact of the accident connected with labor activity

1. Concealment of the fact of the accident connected with labor activity -";

Article 97 to state 6) in the following edition:

"Article 97. Violation of requirements of the legislation for the conclusion of the collective agreement, agreement

1. Evasion from participation in negotiations on the conclusion, change or amendment of the collective agreement, the agreement or violation of terms of carrying out the specified negotiations, failure to provide of work of the relevant commission in the terms determined by the parties

attract penalty on persons authorized on negotiating in the amount of four hundred monthly settlement indicators.

2. Unreasonable refusal of the conclusion of the collective agreement, agreement

attracts penalty on persons, representatives to sign the collective agreement, the agreement, in the amount of four hundred monthly settlement indicators.

3. Failure to carry out or violation of the obligation according to the collective agreement, the agreement

attracts penalty on persons guilty of default on obligations of the collective agreement, the agreement, in the amount of four hundred monthly settlement indicators.

4. Failure to provide information necessary for carrying out collective bargainings and control of accomplishment of collective agreements, agreements,

attracts penalty on persons guilty of failure to provide information, in the amount of eighty monthly settlement indicators.".

2. The law of the Republic of Kazakhstan of January 23, 2001 "About employment of the population" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 3, Art. 18; 2004, No. 2, Art. 10; 2005, No. 7-8, of Art. 19; No. 17-18, of Art. 76; 2006, No. 3, Art. 22; No. 10, Art. 52; 2007, No. 2, Art. 14, 18; No. 3, Art. 20; No. 8, Art. 52; No. 9, Art. 67; No. 15, Art. 106; No. 20, Art. 152; 2009, No. 1, Art. 4; No. 9-10, of Art. 50; No. 18, Art. 84; 2010, No. 5, Art. 23; No. 8, Art. 41; No. 24, Art. 149; 2011, No. 1, Art. 2; No. 2, Art. 21; No. 10, Art. 86; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 128; 2012, No. 2, Art. 11, 14; No. 5, Art. 35; No. 8, Art. 64; No. 13, Art. 91; No. 15, Art. 97; No. 20, Art. 121; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 10-11, of Art. 56; No. 14, Art. 72, 75; No. 21-22, of Art. 114; 2014, No. 1, Art. 4; No. 11, Art. 63, 64; No. 19-I, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan in connection with the accession to the World Trade Organization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 28, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning social protection of the population", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 30, 2015; The law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning entrepreneurship", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015):

Item 1 of Article 5 to state 1) in the following edition:

"1. The state guarantees to citizens in the field of employment of the population:

1) social protection from unemployment;

2) assistance in matching of work and employment with mediation of authorized bodies;

3) protection against any forms of discrimination and providing equal opportunities in receipt of profession and work;

4) professional training, retraining, advanced training of the unemployed, busy and persons occupied with care of children under seven years from among needy, and also the organization of social jobs for the unemployed;

5) the organization of labor mediation through authorized body and private employment agency;

6) provision of professional and orientation services, information on empty seats and vacancies;

7) interregional redistribution of labor power according to documents of system of state planning of the Republic of Kazakhstan;

8) establishment in investment contracts of obligations of investors on professional training, creation new and to preserving the existing workplaces;

9) interaction of authorized bodies with employers.";

2) in Article 9:

add with Item 1-1 of the following content:

"1-1. The employer has the right:

1) on liberty of choice in case of employment;

2) to obtain market information of work and possibility of professional training in authorized bodies.";

in Item 2:

1) to state the subitem in the following edition:

"1) to provide to jobcenter of the population in full information on the forthcoming release of workers in connection with liquidation of the employer - the legal entity or the termination of activities of the employer - physical person, reducing number or staff of workers, with decrease in production volume, the performed works and the rendered services, the economic condition of the employer which entailed deterioration, quantity and employee categories which it can concern, with indication of positions and professions, specialties, qualification and the amount of compensation of the released workers and terms during which they will be released, at least in one month prior to release;";

add with subitem 2-2) of the following content:

"2-2) to demand from citizens in case of employment the documents necessary for execution of an employment agreement, according to the Labor code of the Republic of Kazakhstan;".

3. In the Law of the Republic of Kazakhstan of February 7, 2005 "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 3-4, of Art. 2; 2007, No. 8, Art. 52; 2009, No. 24, Art. 134; 2010, No. 5, Art. 23; 2012, No. 13, Art. 91; 2014, No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 8, Art. 45):

paragraphs the seventh, eighth and ninth the subitem 1) of Item 2 of Article 20 to state in the following edition:

"the documents confirming actually incurred expenses on treatment (the invoice, the cash register receipt and others);

the copy of the certificate of territorial subdivision of authorized body of the amount of the appointed social payment on case of disability or refusal in its appointment;

the copy of the document confirming availability of occupational disease, issued by the organization of health care performing rendering the specialized medical and expert care in the field of professional pathology;".

4. In the Law of the Republic of Kazakhstan of April 13, 2005 "About social protection of disabled people in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 7-8, of Art. 18; 2006, No. 15, Art. 92; 2007, No. 2, Art. 18; No. 20, Art. 152; No. 24, Art. 178; 2009, No. 18, Art. 84; No. 24, Art. 122; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 11, Art. 102; 2012, No. 15, Art. 97; 2013, No. 9, Art. 51; No. 14, Art. 75; No. 21-22, of Art. 115; 2014, No. 1, Art. 4; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; The Law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning entrepreneurship", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015):

to state Item 1 of Article 32 in the following edition:

"1. For disabled people of the first and second groups the reduced duration of working hours no more than thirty six hours a week is established, additional paid annual labor vacation lasting at least six calendar days is granted.".

5. In the Law of the Republic of Kazakhstan of July 4, 2013 "About National chamber of entrepreneurs of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2013, No. 15, Art. 80; 2014, No. 12, Art. 82; No. 21, Art. 122; No. 23, Art. 143; The Law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning entrepreneurship", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015):

in Article 13:

1) to state the subitem in the following edition:

"1) takes part in development of industry framework of qualifications, approves professional standards;";

add with subitem 1-1) of the following content:

"1-1) approves single and (or) cross-industry standard regulations and standard rates on work for all fields of activity;".

6. In the Law of the Republic of Kazakhstan of June 27, 2014 "About labor unions" (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 11, the Art. 66):

10) of Item 1 of Article 16 of the word of "committee (commission) on safety and labor protection" shall be replaced with words 1) in the subitem "industrial council on safety and labor protection";

Article 17 to add 2) with the subitem 8) of the following content:

"8) to represent the interests of the workers who are not members of labor union on the same conditions, as well as for members of labor union.";

The subitem 2) of Item 1 of Article 18 to state 3) in the following edition:

"2) motivated opinion on justification of termination of the employment contract with members of elected trade-union bodies, approvals of working conditions of the members according to the collective agreement;";

4) in Article 20:

the second Item 1 to exclude part;

state item 4 in the following edition:

"4. For the purpose of implementation of internal control on safety and labor protection labor unions on the parity basis are part of industrial council on safety and labor protection in the organizations.";

Items 2 and 3 of Article 26 to state 5) in the following edition:

"2. Termination of the employment contract at the initiative of the employer with the members of elected trade-union bodies who are not exempted from the main work is allowed in case of observance of general procedure for termination of the employment contract taking into account motivated opinion of trade-union body which members these persons are, except cases of liquidation of the legal entity or the termination of activities of the employer - physical person. With the head (chairman) of trade-union body who is not exempted from the main work the employment contract at the initiative of the employer without motivated opinion of higher trade-union body, except cases of liquidation of the legal entity or the termination of activities of the employer - physical person cannot be terminated.

3. Accounting of motivated opinion of trade-union body in case of the publication of the act of the employer of imposing of authority punishment and termination of the employment contract with persons specified in Items 1 and 2 of this Article is made according to the procedure, provided by the collective agreement.".

7. In the Law of the Republic of Kazakhstan of May 19, 2015 "About the minimum social standards and their guarantees" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 10, the Art. 49, No. 15, the Art. 78):

The subitem 2) of Item 2 of Article 11 to exclude 1);

Article 13 to exclude 2).

Article 2. This Law becomes effective since January 1, 2016.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info