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

According to the subitem 22) of Article 16 of the Labor code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Single rules of calculation of the average salary.

2. To provide to department of work and social partnership of the Ministry of health and social development 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) within ten calendar days after state registration of this order the direction it on official publication in periodic printing editions and in information system of law of "Adilet";

3) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan;

4) 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 health and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. Declare invalid the order of the Minister of health and social development of the Republic of Kazakhstan of July 7, 2015 No. 567 "About approval of Single rules of calculation of the average salary" (registered in the Register of state registration of regulatory legal acts for No. 11855, published in information system of law of Ad_let of August 11, 2015).

4. To impose control of execution of this order on the responsible secretary of the Ministry of health and social development of the Republic of Kazakhstan Kurmangaliyeva A. D.

5. This order becomes effective since January 1, 2016 and is subject to official publication.

It is approved Minister of Finance of the Republic of Kazakhstan ____________________ B. Sultanov December 4, 2015

It is approved Minister of national economy of the Republic of Kazakhstan ____________________ E.Dosayev "____" December, 2015

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan on November 30, 2015, No. 908

Single rules of calculation of the average salary

Chapter 1. General provisions

1. These Single rules of calculation of the average salary (further - Rules) are developed according to the subitem 22) of Article 16 of the Labor code of the Republic of Kazakhstan (further - the Labor code) and determine single procedure for calculation of the average salary.

2. In these rules the following concepts are used:

1) month - the period with 1 on 30 (31) number of the corresponding month inclusive (in February - on 28 (29) number inclusive);

2) settlement period - the period lasting twelve calendar months, preceding event with which the corresponding payment (payment) or the period actually of worked time is connected if the worker worked less than twelve calendar months for the employer, used for calculation of the average salary;

3) balance of working hours - the table of indicators of distribution of regulation of working hours on months for the corresponding calendar year taking into account the working days (hours) in case of 36-hour, 40-hour business weeks (five-day week, six days);

4) day (sentry) earnings - the salary for unit of time (day, hour);

5) the average salary - the cash amount estimated by the employer and paid to the worker for the period during whom preserving its earnings is guaranteed to the worker;

6) average day (sentry) earnings - the average salary for unit of time (day, hour);

7) event - the cases connected with preserving or payment of the average salary, compensation for unused days of paid annual labor leave according to the Labor code;

8) the stimulating payments having permanent character - payments which are paid regularly in case of approach of the cases provided by wages system.

3.  No. 177 is excluded according to the Order of the Minister of health and social development of the Republic of Kazakhstan of 04.03.2016

4. The unfinished time and the amounts added during this period for unfinished time when to the worker according to the Labor code the average salary was paid or remained is excluded from settlement period in case of calculation of the average salary.

5. Other periods for calculation of the average salary also can be provided in the collective agreement if it does not worsen situation of workers.

Chapter 2. Single procedure for calculation of the average salary

6. Calculation of the average salary, both in case of five-day, and in case of six-day business week is made for actually worked time at the rate of average day (sentry) earnings for the corresponding period taking into account the established surcharges and allowances, awards and other stimulating payments having permanent character provided by wages system, except for the average monthly earnings determined for the purpose of indemnification, caused to life and health of the citizen according to the Civil code of the Republic of Kazakhstan.

In case of calculation of the average salary the payments specified in appendix to these rules are not considered.

7. The average salary of the worker is estimated by multiplication of average day (sentry) earnings by quantity of the working days (working hours) falling on the event period proceeding from balance of working hours in case of five-day or six-day business week.

7-1. In case of the summed-up accounting of working hours the average salary of the worker, except payment of leaf of temporary disability, is estimated by multiplication of average hourly earnings by the daily average number of working hours and the number of calendar days of event.

The daily average number of working hours is determined by the following formula:

СрдРЧ = SrmRCh/SRMKD, where:

СрдРЧ - the daily average number of working hours;

СрмРЧ - the average monthly number of working hours in case of five-day or six-day business week according to balance of working hours of the calendar year operating for the beginning of event;

СрмКД - the average monthly number of calendar days without holidays according to balance of working hours of the calendar year operating for the beginning of event.

In case of the summed-up accounting of working hours other procedure of payments of the average salary can be provided by the act of the employer if it does not worsen situation of workers.

7-2. The average salary for calculation of social benefit on temporary disability at the workers working on the summed-up accounting of working hours is determined by multiplication of average hourly earnings by the number of the working hours missed owing to temporary disability by the schedule of working in shifts (the schedule of watches) constituted by the employer, but no more normal duration of working hours established by balance of working hours for the corresponding year.

8. In all cases average day (sentry) earnings are determined by division of the amount of accrued payroll in settlement period on quantity of the working days (hours) in settlement period.

9. If the settlement period is fulfilled not completely, then average day (sentry) earnings are determined by division of the amount of accrued payroll for worked time on quantity of the working days (hours) in case of five-day or six-day business week, according to falling on this worked time.

10. If in settlement period to the worker the salary was not charged, then calculation of average day (sentry) earnings is perfromed by division of the amount of accrued payroll in twelve months of work preceding settlement period, or for the period actually worked time at this employer preceding settlement period on quantity of the working days (hours) in case of five-day or six-day business week, according to falling on this worked time.

11. Average day (sentry) earnings in case of part-time working week (working day) are calculated according to Items 8, of 9, of 10 these rules.

12. If the worker in case of revenues to work has no the added wages amount, or had no salary within 24 months preceding event, then in case of approach of event average day (sentry) earnings are calculated proceeding from the day (hour) tariff charge (official pay rate) of the worker.

The day (hour) rate of the worker is determined by division of the tariff charge (official pay rate) into quantity of the working days (hours) in current month, in case of five-day or six-day business week, according to balance of working hours for the corresponding calendar year.

13. In case of increase in official pay rate calculation of the average salary is made taking into account increase coefficient in the following procedure:

1) if increase happened during settlement period, the average salary, for the every month preceding increase is estimated taking into account increase coefficient;

2) if increase happened after settlement period before event, the average salary for settlement period is estimated taking into account increase coefficient;

3) if increase happened during event, part of the average salary is estimated taking into account increase coefficient from the date of increase in the tariff charge (official pay rate) to the end of the specified period.

The coefficient of increase is calculated by division of the tariff charge (official pay rate) established last month increases into each tariff charge (official pay rate) established before increase.

For civil servants of the main personnel (in B2 links; B3; In 4) the coefficient of increase is calculated by division of the official pay rate established in month of increase into the official pay rate established before increase taking into account the amount of surcharge for qualification category if calculation of the average salary joins the amounts added till January 1, 2016.

The coefficient of increase is applied to the total amount of accrued payroll of each corresponding month within settlement period. The coefficient of increase is not applied:

1) in case of transfer of the worker from one position on another;

2) in case of increase in length of service as worker or in case of increase in the qualification category of the worker, considered in case of calculation of the size of official pay rate.

14. Awards and other stimulating payments for the results of work having permanent character and provided by wages system of the employer, except for annual bonuses, the remunerations paid following the results of work for last year join in case of calculation of the average salary on charge time.

The quarter, semi-annual awards following the results of work provided by wages system and awardings of the employer are considered respectively in the amount of 1/3, 1/6 for every month of settlement period; monthly awards - no more than one for every month of settlement period.

The annual bonuses, remunerations paid following the results of work in year in case of calculation of the average salary are considered from the moment of the actual payment in the amount of 1/12 for the every month preceding month of the actual payment of annual bonus, remuneration within settlement period.

When time falling on settlement period is fulfilled not completely, awards, remunerations are considered in case of calculation of average earnings in proportion to worked time in settlement period.

In case of calculation of the average salary annual bonuses of leading employees of the national companies, joint-stock companies which controlling stocks the state owns are not considered.

15. In case of the termination of the employment contract to the worker who did not use or used not completely paid annual labor leave (annual labor leaves), compensation payment for unused it days of paid annual labor leave (annual labor leaves) is made.

Compensation payment for unused days of paid annual labor leave is made according to the procedure, stipulated in Item 7 these rules, from next working day behind date of the termination of the employment contract and podchityvatsya the working days (working hours) falling on this period proceeding from five-day or six-day business week.

In case of the summed-up accounting of working hours compensation payment for unused days of paid annual labor leave is made according to the procedure, stipulated in Item 7-1 these rules, proceeding from balance of working hours in case of five-day or six-day business week.

Appendix

to Single rules of calculation of the average salary

The payments which are not considered in case of calculation of the average salary

Treat the payments which are not considered in case of calculation of the average salary:

1) compensation for unused part of paid annual labor leave;

2) social benefit on temporary disability, and also the additional payments to the sizes of social benefit established by the employer;

3) benefit for the improvement paid to workers by provision of paid annual labor leave;

4) compensations to the workers sent to official journeys;

Compensation payments in cases when permanent job proceeds in transit or traveling nature has 5) or it is connected with office trips within the serviced sites;

6) field allowance to the workers occupied at field works;

7) compensation payment in case of transfer or moving of the worker into work to other area together with the employer;

8) compensation for expenses when using personal property of the worker (physical person) for the benefit of the employer based on the agreement of the parties;

9) the cost of the issued milk or equivalent foodstuff and (or) specialized products for dietary (medical and preventive) food, special clothes and other individual protection equipment according to the Labor code;

10) payments for indemnification of life and health, caused to the worker in case of execution of labor obligations by it (except payments regarding the lost earnings);

11) the financial support (money allowance) given to workers by the employer (in case of the child's birth, for payment of medical services, on burial and other cases), and also payment of compensations and social guarantees provided in addition in the collective agreement and (or) the act of the employer at the expense of means of the employer;

12) lump incentive sum payments (including one-time monetary rewards);

13) the penalty fee paid to the worker by the employer in case of salary payment delay because of the employer according to the Labor code and for untimely transfer of compulsory pension contributions according to the Code of the Republic of Kazakhstan "About administrative offenses";

14) the expenses of the employer connected with training and advanced training of workers;

15) the gratuities awarded for prize-winning places on sports reviews, tenders and competitions;

16) the salary paid to the worker in the place of accomplishment of the state and public duties according to Article 124 of the Labor code;

17) compensation payments to workers for work in case of separation of daily work (working shift) into parts according to Article 72 of the Labor code;

18) compensation payments to home workers;

19) the average salary kept during breaks for feeding of child(children) according to Article 82 of the Labor code;

20) the amounts paid to workers in case of idle time according to Article 112 of the Labor code.

21) the payments established due to economy of budgetary funds.

 

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