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KAZAKHSTAN. Labour Law 1999, in force 1 January 2000
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KAZAKHSTAN

Labour Law 1999, in force 1 January 2000


Chapter 1- GENERAL PROVISIONS

Chapter 2- INDIVIDUAL CONTRACT OF EMPLOYMENT

Chapter 3- COLLECTIVE AGREEMENT

Chapter 4- REGULATION OF LABOUR RELATIONS OF SOME CATEGORIES OF WORKERS

Chapter 5- HOURS OF WORK

Chapter 6- TIME OF REST

Chapter 7- WAGES AND RATING OF LABOUR

Chapter 8- GUARANTEES AND COMPENSATIONS TO WORKERS

Chapter 9- FINANCIAL LIABILITY OF PARTIES TO INDIVIDUAL CONTRACT OF EMPLOYMENT

Chapter 10- INCENTIVES AND PUNISHMENTS APPLICABLE TO WORKERS

Chapter 11- LABOUR DISPUTES

Chapter 12- SUPERVISION OVER OBSERVANCE OF THIS LAW


This Law regulates social relations arising in the course of implementation of the citizens' constitutional right to the freedom of labour.

Chapter 1- GENERAL PROVISIONS

Section 1. Definitions

For the purpose of this Law, the terms used herein have the following meanings:

"labour" means human activity directed at creating any material, spiritual and other values needed for people's life;

"labour relations" means relations arising between the employer and the worker as regards any labour activity exercised by the parties on the basis, as a rule, of individual contracts of employment and collective agreements;

"employer's instruments" means instruments (orders, directives, instructions, internal regulations) issued by the employer (a representative of the employers);

"individual contract of employment" means a bilateral agreement between the employer and the worker in writing under which the worker undertakes to do work in a certain speciality, profession or office with due observance of the employer's instruments, while the employer undertakes to pay the worker in due time and full scope his wages and other amounts provided for by the laws and regulations and by the parties' agreement, and to ensure labour conditions provided for by the labour laws and collective agreement;

" harmful (very harmful) labour conditions" means labour conditions under which the effect of certain production factors causes reduction of the worker's ability to work or his sickness, or negative influence upon his posterity;

"dangerous (very dangerous) labour conditions" means labour conditions under which the effect of certain production factors causes in the event of a failure to comply with the labour safety rules sharp deterioration of the worker's health, or an injury, or his death;

"heavy manual work" means forms of the worker's activity connected with lifting or transport of heavy loads by hand or other forms of work with expenditure of energy exceeding 300 kcal/hr;

"time of rest" means time during which the worker is free from performance of his labour duties and which he can use at his discretion;

"wages" means remuneration (earnings) payable for labour in accord with its complication, quantity and quality

"professional skill grade" means a level of the worker's skill reflecting the complication of the work which he is able to do;

"collective agreement" means a legal instrument documented in the form of an agreement in writing signed by one or several employers (their representatives) and one or several trade unions or workers who are not members of any trade union and who formed their association for the bargaining;

"sending on mission" means sending the worker by the employer's instructions to perform labour duties outside the place of his permanent employment;

"compensations" means payments connected with the schedule of work and labour conditions, with reimbursing the workers for the expenditures incurred by them during the work;

"minimum wages" means a minimum amount of money guaranteed by the Constitution of the Republic of Kazakhstan to the persons employed in establishments irrespective of their forms of ownership;

"written notice" means a signed and duly registered notification made by the worker or employer or a notification made by any other channel (by registered mail, facsimile, e-mail, cable);

"representatives of employers" means natural or legal persons authorized to represent interests of the employer or group of employers on the grounds of constitutive documents;

"representatives of workers" means bodies of trade unions and their associations authorized to represent [the workers] on the grounds of their constitutive documents, powers of attorney or decision adopted by a meeting, as well other persons and organizations duly authorized by the workers;

"worker" means a natural person who consists in labour relations with the employer and directly performs the work provided by the contract of employment;

"employer" means a legal or natural person with which the worker consists in labour relations;

"hours of work" means time during which the worker in compliance with the employer's instruments and terms of the individual contract of employment performs his labour duties;

"labour duties" means obligations of the worker and employer conditioned by the individual contract of employment;

"length of service" means calendar-related time spent by the worker for performance of his labour duties in employment, or by the natural person engaged in entrepreneurial activity or any other work on his own account;

"labour dispute" means a discord between the worker and employer as regards application of the labour laws and regulations, fulfillment of the terms and conditions of the individual contract of employment and collective agreement which the worker (worker's representative) and employer (employer's representative) earlier failed to settle;

"labour public authority" means a central executive authority functioning in the sphere of labour relations in conformity with the laws and regulations of the Republic of Kazakhstan;

"labour conditions" means the terms and conditions of the payment for and protection and rating of the labour, schedule of work, possibility of and rules for holding more than one profession (office), technical, sanitary, hygienic and production comforts, as well as other conditions that can be agreed upon in the individual contract of employment and collective agreement.

Section 2. Labour laws and regulations

1. The labour laws and regulations of the Republic of Kazakhstan are based on the Constitution of the Republic of Kazakhstan and include this Law and other legal instruments which regulate labour relations of some separate categories of the workers whose standards cannot be lower than those provided for in this Law.

2. International treaties ratified by the Republic of Kazakhstan shall prevail over this Law and other regulatory legal instruments for labour and be applied directly except the cases where the international treaty implies that its application demands publication of a corresponding law of the Republic of Kazakhstan.

Section 3. Sphere of action of this Law

1. This Law shall cover labour relations in the territory of the Republic of Kazakhstan.

2. The action of this Law shall extend to the foreigners who are engaged in labour activities in the Republic of Kazakhstan unless provided otherwise by the Constitution, laws and international treaties ratified by the Republic of Kazakhstan.

The workers of the establishments situated in the territory of the Republic of Kazakhstan which are founded or owned (in full or in part) by foreign legal or natural persons shall be covered by the labour laws and regulations of the Republic of Kazakhstan.

Section 4. Prohibition of discrimination in the sphere of labour

1. Everyone shall have equal opportunities to exercise his labour rights. No one can be restricted in his labour rights or get any benefits in their realization on the grounds of gender, age, race, nationality, language, material and official status, place of residence, attitude to religion, convictions, citizenship, membership of any social associations and because of any other circumstances not related to the business properties of the worker and results of his labour.

2. Persons who consider that they have been discriminated in the sphere of labour may petition to the court.

Section 5. Labour relations regulated by the individual contract of employment and collective agreement

1. Labour relations between the employer and worker shall be regulated by the regulatory legal instruments, individual contract of employment and collective agreement concluded in compliance with the labour laws and regulations.

2. Terms and conditions of the individual contract of employment and collective agreement cannot be amended by the parties unilaterally.

3. Labour conditions of separate categories of the workers which are regulated by other regulatory legal instruments should not be lower than those provided for by this Law.
Invalidity of any separate terms and conditions of the individual contract of employment and collective agreement shall not invalidate the contract and agreement as a whole.

4. This Law shall only stipulate minimum regulatory terms and conditions of labour relations. The parties to the individual contract of employment and collective agreement shall be entitled to agree on better ones.

5. The terms and conditions of the individual contract of employment and collective agreement shall be binding upon the parties unless they contradict the laws and regulations.

Section 6. Prohibition of forced labour

Forced labour shall be prohibited. Recourse to forced labour may only be had under the sentence of the court or under the state of emergency or martial law.

Section 7. Basic rights and obligations of the workers

1. The worker shall have the right to:

2. The worker shall be obliged:

Section 8. Basic rights and obligations of the employer

1. The employer shall have the right to:

2. The employer shall be obliged:

Chapter 2- INDIVIDUAL CONTRACT OF EMPLOYMENT

Section 9. Contents of the individual contract of employment

1. The individual contract of employment should contain:

2. Other terms and conditions may also be included into the individual contract of employment by agreement between the parties.

Section 10. Term of the individual contract of employment

1. The individual contract of employment may be concluded:

2. If the effective period of the individual contract of employment is not specially stipulated, the contract shall be deemed to be concluded for an indefinite period of time.

Section 11. Minimum age for admission to employment

1. Conclusion of the individual contract of employment shall be allowed with the persons who have reached the age of sixteen years.

2. In the event of completion of secondary education or leaving a comprehensive educational establishment, the individual contract of employment can be concluded by persons who have reached the age of fifteen years with consent of their parents or tutor or guardian.

3. With consent of one of the parents (tutor, guardian) the individual contract of employment can be concluded with a student who has reached the age of fourteen years to perform in his time free from schooling some light work not harmful to his health and not interfering with the schooling process.

4. The consent of the parents (tutor, guardian) shall be given in writing, the parents (tutor, guardian) signing the individual contract of employment together with the minor.

5. Employment of the persons under the age of eighteen years for heavy manual work and that with harmful and/or dangerous conditions of labour shall be forbidden.

Section 12. Conclusion of the individual contract of employment

1. The individual contract of employment shall be concluded in writing in at least duplicate and signed by the parties. One copy of the individual contract of employment signed by the parties shall be handed over to the worker.

2. The date of the beginning of the work indicated in the individual contract of employment shall be deemed the beginning of performance of his labour functions by the worker.
In the event of absence of and/or failure to duly document the individual contract of employment by the employer, the effect of the individual contract of employment shall begin from the date of actual admission to work.

3. After conclusion of the individual contract of employment, the employer shall be obliged to issue an order about the employment of the worker which should be brought to the latter's notice against his signature.

4. To conclude the individual contract of employment, the employer shall be entitled to demand presentation of documents certifying the labour activity of the worker, his identification paper (passport), social individual code certificate, pension agreement, birth certificate for persons under the age of sixteen years, certificate of education and professional training and other papers provided by the laws and regulations.

5. The worker shall be entitled to conclude the individual contracts of employment with several employers providing for part-time employment.

6. The individual contract of employment with the director of an establishment shall be concluded by the owner of the establishment or a person or body authorized by the owner for a period stipulated by the constitutive documents or agreement between the parties.

7. Any modifications or supplements to the individual contract of employment shall be made according to the procedure provided for its conclusion.

Section 13. Documents confirming labour activities of the worker

The documents confirming the worker's labour activities can be: the work-record card (in the event of its availability), or individual contract of employment, or extracts from the orders about employment and dismissal.

Section 14. Issue of documents about employment and amount of wages

On an application filed by the worker, including the former one, the employer shall be obliged to give him a certificate not later than five days after the application with indication of his speciality, professional skill, position, duration of employment and the amount of his wages, testimonial as to the character containing information about the skill of the worker and his attitude to his duties, and other documents on the work provided by this Law.

Section 15. Employment with probation

1. When concluding the individual contract of employment, the parties can agree to condition it by probation for the purpose of testing the worker for compliance with the work assigned to him.

2. The probation condition should be claused in the individual contract of employment.
In the absence of such a clause, the worker shall be deemed to be employed without any probation.

3. During the probation period, the workers concerned shall be covered by provisions of this Law, terms and conditions of the individual contract of employment and collective agreement.

4. The probation period cannot exceed three months.
The period during which the worker was absent from the work for a good reason shall not be counted towards the probation period.

Section 16. Results of probation

1. Either party shall be entitled to cancel the individual contract of employment prior to expiration of the probation period, the individual contract of employment being deemed canceled from the moment of the notification.

2. If the employer appoints the worker to a higher position before the expiration of the probation period, the worker shall be deemed to have passed the employment probation.

3. If the probation period has expired and neither of the parties notified the other party of cancellation of the individual contract of employment, the action of the contract shall continue and its termination shall be allowed only on usual terms.

Section 17. Transfer to another post

Transfer to another post in the same establishment as well as transfer to another establishment or to another locality together with the establishment shall be allowed only with the worker's consent in writing, corresponding modifications being made in the individual contract of employment, except the cases provided by this Law.

Section 18. Transfer of the worker to another workstation

Transfer of the worker to another workstation in the same establishment, to its another structural subdivision in the same locality, assignment to operate another machine or rig within the worker's speciality, skill or position stipulated in the individual contract of employment, shall not necessitate his consent unless it entails modification of terms and conditions of the individual contract of employment.

Section 19. Change of labour conditions

1. Following changes in organization of production and reduction of the employer's scope of work, some changes of the labour conditions shall be admissible as the worker continues his work in the same profession (speciality), professional skill, position. Any changes of the labour conditions should be brought to the worker's notice in writing for at least one month before.

2. When the labour conditions are changed, the individual contract of employment shall be modified or supplemented accordingly. Where the worker does not agree to continue the work in the new conditions, the individual contract of employment with him shall be dissolved in conformity with subsection 7) of Section 26 hereof.

Section 20. Temporary transfer to another post in case of production necessity

In the event of production necessity the employer shall be entitled to transfer the worker without his consent for a period of up to one month to another post not stipulated in the individual contract of employment and not contraindicative to his health in the same establishment, in the same locality with remuneration of the labour corresponding to the work performed, but not lower than an average monthly pay at the former post.
Such transfer shall be permitted to prevent or liquidate natural disaster, a production breakdown or immediate control of their consequences, to prevent accidents, standstill, destruction of or damage to property.

Section 21. Temporary transfer in connection with standstill

In the event of a standstill the employer shall be entitled to transfer the worker without his consent with due account for his speciality and professional skill to another post not contraindicative to his health for a period of not over one month.
Where the worker does not agree to continue the work in the new conditions, the individual contract of employment with him shall be dissolved in conformity with subsection 7) of Section 26 hereof.

Section 22. Limitation of temporary transfer to unskilled work

In the event of a standstill and replacement of an absent worker, no transfer of a skilled worker to unskilled jobs shall be allowed without his written consent thereto.

Section 23.Temporary transfer to another post for health reasons

1. In connection with any occupational injury, disease or any other personal injury due to performance of labour duties with a particular employer, the latter shall be obliged to transfer the worker to a lighter job till complete rehabilitation or official establishment of his invalidity with payment of the difference between his wages at the previous post and the new one.

2. In the event of refusal of the worker to be transferred to another lighter job, the labour relations with him shall terminate from the moment of the refusal.

3. In conformity with the medical certificate, pregnant women shall be transferred to another job excluding any effect of heavy and detrimental occupational factors with preservation of the average wages at the previous post.

Section 24. Labour relations in case of change of the owner or reorganization of the establishment

Any change of the owner or reorganization (amalgamation, merger, division, isolation , transformation) of the establishment shall not terminate validity of the labour relations.

Section 25. Grounds for termination and dissolution of the individual contract of employment

1.The individual contract of employment can be terminated:

2. The individual contract of employment can be dissolved:

3. The individual contract of employment concluded between the parties can be dissolved by mutual consent of the parties, the grounds for the dissolution of the individual contract of employment being a written consent of the worker and employer.

4. The individual contract of employment can be dissolved on the initiative of one of the parties provided that this party has given a notice in writing to the other party thereof within the time agreed upon in the individual contract of employment. The time of the notice shall not be less than one month before the date of the dissolution of the individual contract of employment.

5. The dissolution and termination of the individual contract of employment shall be documented by an order issued by the employer.

Section 26. Grounds for dissolution of the individual contract of employment on the employer's initiative

The individual contract of employment can be dissolved on the employer's initiative in the following cases:

Section 27. Restrictions of the possibility to dissolve the individual contract of employment on the employer's initiative

1. When dissolving the individual contract of employment on the grounds provided by subsections 1) and 2) of Section 26, the employer should notify the worker thereof in writing for at least one month.

2. In the event of dissolution of the individual contract of employment on the grounds provided by subsections 1) and 2) of Section 26 and subsection 1) of Section 30 hereof, the employer shall pay a compensation to the worker in the amount of his average monthly wages.

3. The individual contract of employment may establish other grounds and amounts for the compensations.

Section 28. Grounds for dissolution of the individual contract of employment on the worker's initiative

1. The worker shall be entitled to terminate the individual contract of employment having notified the employer thereof for one month.

2. By agreement between the parties the individual contract of employment can be terminated before the expiration of the notice period.

3. Where there are circumstances ruling out or substantially impeding continuation of the employment (state of health, pension age, moving to another locality, untimely payment of wages and other conditions), the contract of employment shall be terminated at the time specified in the worker's application.

Section 29. Reinstatement in employment

In the event of dissolution of the individual contract of employment without lawful grounds or unlawful transfer to another job, the worker should be reinstated in his previous employment by the body examining the labour dispute.

The worker reinstated in his previous employment as a result of unlawful dissolution of the individual contract of employment shall be paid average wages for the entire time of his enforced idleness but not more than for three months.

Section 30. Termination of the individual contract of employment due to circumstances beyond the will of the parties

The individual contract of employment shall be subject to termination due to the following circumstances beyond the will of the parties:

The date of dissolution of the individual contract of employment under subsections 2) - 4) of this Section shall be that of coming of the sentence into force, ruling of the court or date of the death.

Section 31. Suspension from duties

1. On demand of competent authorities in cases provided for by laws and regulations, the employer should suspend the worker from his duties on the grounds of resolutions and decisions drawn up by these bodies within the limits of their competence.

2. Besides the instances stipulated in the laws and regulations, the employer shall be obliged to suspend the worker from his duties, if he:

Chapter 3- COLLECTIVE AGREEMENT

Section 32. Right to adoption of a decision to conclude the collective agreement

1. One or several employers (their representatives) and one or several trade unions or workers who are not members of any trade unions but who formed their organization may hold bargaining in an effort to conclude the collective agreements.

2. The employer shall bargain with all representatives of the parties concluding the collective agreement.

3. The action of the collective agreement shall extend to the workers on whose behalf the collective agreement was signed.

4. A bilateral commission shall be formed for the bargaining with equal representation of both parties.

Section 33. Contents and structure of the collective agreement

1. The contents of the collective agreement shall be determined by the parties at a meeting of the bilateral bargaining commission.

2. The collective agreement shall include the following provisions:

3. Provisions of the collective agreements cannot restrict any rights of the workers, impair conditions of their labour and violate guarantees provided for by the laws and regulations.

Section 34. Procedure of development and conclusion of the collective agreement

1. Initiative of developing the draft collective agreement and tabling it to the consideration of the commission may belong to either party.
The draft shall be subject to obligatory discussion by the workers of the establishment. Forms of discussing the draft shall be determined by the workers themselves.
The draft shall be finalized by the commission with due account for the remarks and proposals suggested.

2. When the parties reach consensus, the collective agreement shall be made in at least duplicate and signed by representatives of the parties.

Section 35. Validity and sphere of application of the collective agreement

1. The collective agreement shall be concluded for a term determined by the parties.

2. The collective agreement shall come into force at the date of its signing unless provided otherwise by its provisions. It shall be binding upon the parties.

3. The collective agreement shall remain valid and effective in case of any change of the structure and composition of the managing body of the establishment.

4. The collective agreement shall remain effective for the period of reorganization (amalgamation, merger, division, isolation , transformation) of the establishment. The collective agreement can thereafter be revised on the initiative of one of the parties.

5. When the owner of the establishment changes, the validity of the collective agreement shall remain for three months. During this period the parties shall be empowered to start bargaining about conclusion of a new collective agreement or retention, modification or supplementing of the existing one.

6. In the event of liquidation of the establishment or adjudging it bankrupt, the collective agreement shall become invalid from the date of adoption of a corresponding decision about the liquidation or bankruptcy.

7. Modifications of and supplements to the collective agreement during the period of its validity shall be made only by mutual consent of the parties in line with the procedure stipulated in the collective agreement.

8. The representatives of the parties shall be obliged to familiarize the workers with the collective agreement and keep them informed about its fulfillment.

Chapter 4- REGULATION OF LABOUR RELATIONS OF SOME CATEGORIES OF WORKERS

Section 36. Seasonal workers

1. Seasonal workers are those who by virtue of natural and climatic conditions perform their work not throughout the calendar year but within a certain period (season) not exceeding six months.

2. The seasonal workers shall be covered by this Law insofar as their labour relations are not regulated by their individual contracts of employment and provisions of the Law are not contrary to the character of the seasonal work.

Section 37. Conclusion of the individual contract of employment with seasonal workers

When employing seasonal workers, no probation shall be conducted for the purpose of checking the worker for conformity with the assigned work.

Section 38. Grounds for dissolution of the individual contract of employment for seasonal work

1. The party engaged in seasonal works shall be entitled to early dissolution of the individual contract of employment at its own will having notified the other party thereof for one week.

2. The individual contract of employment with the seasonal workers can also be dissolved on the employer's initiative (in addition to other grounds provided for hereby) in the following cases:

Section 39. Domestic workers

1. The workers who conclude the individual contract of employment for performance of work (rendering of services) in the household of the employers - natural persons, shall be regarded as domestic workers.

2. Relations arising out of performance of work (rendering of services) between the employer - a natural person, and the workers who perform the work in the household of these employers shall be documented by the individual contract of employment.

3. The individual contract of employment with the domestic workers can be dissolved on the initiative of either of the parties at any time.

4. The domestic workers shall be covered by this Law insofar as their labour relations are not regulated by their individual contracts of employment and provisions of the Law are not contrary to the character of the domestic work.

Section 40. Outworkers

1. Outworkers are persons who concluded the individual contract of employment with the employer concerning performance of some work personally at home from own materials and with the use of own equipment, tools and fixtures or those supplied by the employer or purchased at the employer's expense.

2. The outworkers shall be covered by this Law insofar as their labour relations are not regulated by their individual contracts of employment and provisions of the Law are not contrary to the character of the outworkers' labour.

Section 41. Labour of the workers of shift rotation pattern

The shift rotation pattern is a special form of the labour process outside the place of permanent residence of the workers when return to their residence every day cannot be ensured.

The employer shall provide the workers in the shift rotation pattern while they are at the production facility with an accommodation designed to support their life, transport to the place of work and back and with conditions for work and rest between the daily shifts.

Section 42. Duration of the rotation shift

The period of performing the work at the facility and the rest between the daily shifts at the rotation settlement shall not exceed fifteen calendar days.

In exceptional cases, at selected facilities the duration of the rotation shift can be extended by the employer by agreement with the representatives of the workers of the establishment to thirty calendar days.

Section 43.Registration of hours of work in the shift rotation pattern work

In the shift rotation pattern work the hours of work shall be summed up for a month, a quarter or a longer period of time not exceeding one year.

The registration period shall include all the hours of work, time in transit from the location of the establishment or the gathering place to the place of work and back, as well as the time of rest during the given calendar period of time, the total duration of the hours of work for the period in question being not over the standards set forth by this Law.

Section 44. Other categories of workers

Labour relations of other categories of the workers shall be regulated in compliance with this Law and other laws and regulations governing labour relations of other categories of the workers.

Chapter 5- HOURS OF WORK

Section 45. Normal hours of work

1. The hours of work are the time during which the worker concerned should fulfill his labour duties in compliance with the terms and conditions of the individual contract of employment.

2. The hours of work should not normally exceed forty hours in the week.

3. The individual contracts of employment may provide for a shorter duration of the working time by agreement between the parties.

Section 46. Shorter working hours for some categories of the workers

1. Shorter hours of work shall be laid down for some categories of the workers:

2. The list of the undertakings, shops, professions and posts as well as the list of jobs with harmful (very harmful) and/or heavy (very heavy), dangerous (very dangerous) conditions of labor, engagement in which entitles the workers to the shorter hours of work, shall be determined by the labour public authority.

Section 47. Five- or six-day working week and hours of work in the day

A five-day working week with two days off shall be established for the workers. In case of the five-day working week, the hours of work in the day (shift) shall be determined by the employer's instrument or schedule of shifts approved by the employer with due account for specific character of the work, opinion of the workers' collective and with observance of the duration of the working week.

A six-day working week with one day off shall be set in the establishments where the five-day working week is inexpedient for the reasons of production and conditions of work. With the six-day working week, the duration of the daily work should not exceed 7 hours for the 40-hour week, 6 hours for the 36-hour week and 4 hours for the 24-hour week.

The five- or six-day working week shall be fixed by the employer, conditions of the contract of employment of collective agreement.

Section 48. Night work

1. The night signifies a period between 22.00 and 6.00.

2. Pregnant women can be engaged in the night work with their consent only.

3. Persons under eighteen years of age and other persons for whom the night work is forbidden for medical reasons which is confirmed by a medical certificate shall not be admitted to the night work.

Section 49. Restrictions on overtime

1. The overtime signifies the work in excess of the work hours laid down in Section 45 hereof.

2. Assignment to the overtime shall be allowed with the worker's consent only, except the cases provided by Section 51 hereof.

3. Workers under eighteen years of age shall not be admitted to work overtime.

Section 50. Maximum duration of overtime

The overtime work should not exceed two hours of work for every worker (one hour for those engaged in heavy manual work and that with harmful and/or dangerous conditions of labour) in one calendar day.

For those engaged in the work with very harmful and very dangerous conditions the work overtime shall be forbidden.

Section 51. Exceptional cases when work overtime is allowed without consent of workers

The work overtime without consent of the worker shall be allowed only in exceptional cases:

Section 52. Keeping record of hours of work

1. The employer should keep record of the hours of work actually worked by every worker with this particular employer.

2. In establishments with a continuous cycle of work, in some sectors of production, shops, bays, divisions and at some jobs where no fixed duration of the established working week for such jobs can be observed, it shall be allowed that the record of the hours of work should be summed up, provided that the duration of the working time for the period under review does not exceed the normal number of the working hours in the week set forth by this Law.

3. In case of application of the summed up record of the working time, the daily or weekly working hours may be more or less than the daily or weekly standard.

4. The total of the working hours for the period under review should not be necessarily equal to the standard for this period.

5. In case of the summed up recording of the hours of work, the period under review shall be that during which the average duration of the working day and working week established for the given category of the workers should be observed.

6. The procedure of application of the summing up of the working time record shall be determined by the employer's instruments and fixed in the collective agreement.

Chapter 6- TIME OF REST

Section 53. Break for rest and taking food

1. During daily work (shift) the worker should be provided with a break for rest and taking food which should in total be at least one hour long. This break shall not be included in the hours of work and be used by the worker at his discretion.

2. The time of the break and its duration shall be specified in the employer's instruments, individual contract of employment, collective agreement .

3. At the works where conditions of the production rule out any breaks, the employer should provide the worker with an opportunity to have rest and take food during his working hours. The list of such jobs, the procedure and place of having rest and taking food shall be determined by the employer's instruments.

Section 54. Special breaks

The workers engaged in work in cold seasons in the open air or in covered unheated premises, loaders engaged in cargo handling shall be granted special breaks for warming up and rest. The special breaks shall be included into the hours of work.

Section 55. Duration of daily rest period

Duration of the daily rest period of the worker between the end of the work and beginning it on the next day (shift) may not be less than 12 hours.

Section 56. Days off

1. The workers shall be granted days off (weekly continuous rest time).

2, With a five-day working weeks the workers shall be provided with two days off, and in case of a six-day week, with one day.

3. Sunday shall be a common day off, the second day-off being established by the employer's instrument or the schedule of work. Both days off shall be granted in succession, as a rule.

4. When holidays coincide with week-days and for the purpose of efficient use of the working time, the Government of the Republic of Kazakhstan shall be entitled to carry the days off over to other week-days.

5. Assignment of the worker to work on his days off shall be allowed only with his consent, except the cases provided by Section 59 hereof.

Section 57. Days off in establishments with uninterrupted cycle of work

In establishments where on days off the work cannot be suspended due to production and technical conditions or due to necessity of constantly and uninterruptedly servicing the population, as well as in establishments with an uninterrupted production cycle, the days off shall be granted on different days of the week alternately to each group of the workers in compliance with the shift schedule approved by the employer's instruments.

Section 58. Work on holidays

No work shall be done on official holidays set in the Republic of Kazakhstan except the establishments where suspension of the work on days off is impossible for production and technical reasons or due to necessity of constantly and uninterruptedly servicing the population.

Section 59. Assignment to work on days off

Assignment to work on days off shall be allowed in the following cases:

Section 60. Annual leave with pay

1. Workers employed under an individual contract of employment shall be granted a paid annual leave with retention of their place of work (position) and average monthly pay.

2. The leave shall be paid up for at most three calendar days before its beginning.

3. The annual leave with pay granted to the workers shall be of at least eighteen calendar days duration unless provided otherwise by other laws and regulations for some categories of the workers, by other legal regulatory instruments, individual contracts of employment, collective agreements and employer's instruments.

4. Annual additional leaves with pay shall be granted to the workers engaged in heavy manual work and that with harmful and dangerous conditions of labor, as per the list of jobs, professions and posts worked out by the competent public authority.

5. The conditions and procedure of granting the annual leave with pay shall be specified in the individual contract of employment and collective agreement.

6. It is forbidden that the annual lave be withheld for two consecutive years.

Section 61. Calculation of the length of service enabling the worker to the annual leave with pay and procedure of granting the leaves

1. Duration of the annual leaves shall be calculated in calendar days less holidays which fall on the period of the leave, irrespective of the work schedules and timetables applied.

2. The length of service enabling the worker to the annual leave shall include:

3. The employer shall be obliged to grant the annual leave to the worker.

4. The annual leave for the first year of employment shall be granted upon expiration of the first year of work under the individual contract of employment.

5. The annual leave can be given to the worker at his will piecemeal.

Section 62. Priority of granting the annual leaves to workers

1. The priority in granting the annual leaves to the workers shall be determined as specified by the individual contract of employment, collective agreement, schedule of leaves and employer's instruments.

2. In case of changing the schedule of leaves due to any business necessity, the employer should notify the worker about the time of his leave at least two weeks before the beginning of the leave.

Section 63. Cases of deferral or prolongation of the annual leaves

1. The annual leave can be deferred or prolonged in full or in part in case of temporal disability of the worker, in case of being on the maternity leave, the temporary disability benefit for the days falling on the annual leave being withheld.

2. The annual leave (part of it) can be prolonged or deferred to the following working year only with consent of the worker or by his request. Thus deferred leave by agreement between the parties can be attached to the leave for the following year or granted, by the worker's request, separately at a different time.

Section 64. Recall from the annual leave

The annual leave can be discontinued at the employer's proposal and with the worker's consent (recall from the leave). The unused in this connection part of the leave by agreement between the worker and employer shall be granted during the current year or, at the worker's will, attached to the leave in the following working year or be compensated with money.

Section 65. Leaves without pay

By agreement between the parties, on the basis of his application the worker can be granted a leave without pay.

Section 66. Maternity leaves. Leaves to women (men) who adopted children

Women shall be granted maternity leaves of seventy calendar days before the childbirth and fifty-six (seventy in case of complicated childbirth or delivery of two or more children) days after the childbirth, the calculation being made on a summing-up basis irrespective of the number of the days actually used before the childbirth, with payment of the maternity allowance for these periods at the employer's cost irrespective of the service longevity in the establishment.

Women (men) who adopted newborn children directly from the maternity home shall be granted a leave for the period from the day of the adoption till expiration of fifty-six days from the day of the childbirth, with payment of the allowance to them during this period at the employer's cost irrespective of the service longevity in the establishment.

Section 67. Additional leave without pay to mothers having children of up to eighteen months of age and to women (men)who adopted children

In addition the maternity leave, the woman at her request shall be granted an additional leave without pay for care of the child till the age of eighteen months. The place of work (position) shall be retained for the period of the leave.

Women (men) who adopted newborn children directly from the maternity home shall at their request be granted an additional leave without pay for care of the child till the age of eighteen months, the place of work (position) being retained for this period.

This leave can be used in full or in part at any time till reaching the age of eighteen months by the child.

Section 68. Compensation for unused annual leave in case of dissolution of the individual contract of employment

1. In case of dissolution of the individual contract of employment regardless of its grounds, the worker who has not used or has partly used his annual leave shall be paid a compensation.

2. If, by the day of the dissolution of the individual contract of employment, the worker has worked part of the working year, the compensation shall be paid out proportionally to the time worked.

3. The money compensation for the unused leave in case of the dissolution of the individual contract of employment shall be paid on the day of termination of the individual contract of employment.

Section 69. Academic leave

The workers who study at an educational institution can be granted additional leaves with or without pay for the period of taking examinations and tests, preparation and defense of the diploma project (paper), taking final examinations.

Chapter 7- WAGES AND RATING OF LABOUR

Section 70. Wages

1. The employer must pay the worker's labour in conformity this Law, individual contract of employment and collective agreement.

2. The labour of the workers shall be paid on time basis, piece-work basis or any other system of labour remuneration.

3. The worker's wages shall be determined depending on the quantity, quality and complication of the work done.
To increase material incentives of the workers to raising the efficiency of production and quality of the work, systems of bonuses, remuneration by the results of work for the year and other forms of material encouragement can be applied.

4. Systems of the labour remuneration in establishments shall be determined by the collective agreements or employer's instruments.

5. The professional skill requirements to the workers and complication of particular jobs shall be identified on the basis of the professional skill reference book of the jobs and professions of the workers and professional skill reference book of the office workers' positions. The development and procedure of application of the above reference books shall be determined by the labour public authority. Complication of the work done and professional skill grades of the workers shall be identified by the employer on his own in compliance with the professional skill reference book of the jobs and professions of the workers and professional skill reference book of the office workers' positions.

Section 71. Amount of wages

The amount of the wages shall be established by the employer on his own and cannot be lower than the minimum amount of the wages established by the laws of the Republic of Kazakhstan.

Section 72. Wages in case of combination of professions (expansion of service range) and fulfillment of duties of a temporarily absent worker

1. Workers performing in the same establishment some additional work in another profession on parity with their principal job stipulated by the individual contract of employment, or fulfilling duties of a temporarily absent worker without being relieved of their principal job shall receive extra pay.

2. The amount of the extra pay for combining professions (expansion of the service range) or fulfillment of duties of a temporarily absent worker shall be established by the employer by agreement with the worker.

Section 73. Payment for overtime work and work on holidays and days off.

Payment for night work

1. Overtime work shall be paid at not lower than one and a half rate.

2. Work on holidays and days off shall be paid at not lower than double rate.

3. At the worker's will the work on holidays and days off can be compensated with an additional day of rest.

4. Every hour of work at night shall be paid at not lower than one and a half rate.

Section 74. Payment for idle time

1. The procedure and conditions of payment for the idle time shall be determined by the individual contract of employment or collective agreement.

2. The period of idleness through the worker's fault shall not be paid.

Section 75. Labour rates

1. Labour rates (rates of production, time, service) are a measure of labour consumption, prescribed to workers to comply with the attained level of technology, production process and labour organization and management.

2. The introduction, changing and revision of the labour rates shall be done by the employer.

The workers should be informed about introduction of new labour rates for at least one month.

3. To enable the workers to cope with the production rates, the employer should ensure normal labour conditions.

4. Production rates for the workers under eighteen years of age shall be established on the basis of the rates for the adult workers proportionally to the reduced number of the hours of work for the persons under eighteen years of age in compliance with the individual contract of employment.

Section 76. Time of payment of wages

1. Wages shall be paid at least once a month. The pay day shall be specified by the individual contract of employment and collective agreements.

2. When the pay day coincides with days-off or holidays, the payment shall be effected on the eve of such days.

3. When payment of wages and, in case of dissolution of the individual contract of employment with the worker, payment of other amounts due to the worker are delayed as compared with the fixed time through the fault of the employer, the latter shall pay the debt and penalty. The amount of the penalty shall be set by the rate of refinancing of the National Bank of the Republic of Kazakhstan as of the day of the of the employer's obligation to effect the payment, the penalty being accrued for every calendar day of the delay, beginning from the day following the fixed time of the payment and ending by the day of actual payment.

4. In the event of dissolution of the individual contract of employment , all the amounts due to the worker shall be paid not later than the last working day.

Section 77. Place of payment of wages

1. Payment of wages to the workers shall normally be effected at the place of their work unless provided otherwise by the individual contract of employment , collective agreement and employer's instruments.

2. As regards the worker performing assignments of the employer outside the place of his permanent work (on a business mission, in the customer's establishment, etc), the employer should ensure delivery of wages at his expense.

Section 78. Calculation of average wages of the worker

Average wages of the workers for purposes of payment of pensions, temporary disability benefits, maternity benefits and other payments shall be calculated according to the procedures determined by the Government of the Republic of Kazakhstan.

Section 79. Deductions from wages

Any deductions from wages of the worker shall be made by the ruling of the court and in cases provided by the laws of the Republic of Kazakhstan.

Chapter 8- GUARANTEES AND COMPENSATIONS TO WORKERS

Section 80. Guarantees to workers performing public duties

The employer can release the worker from his work for the period of performance of public and social duties with retention of his place of work (positions).

The worker who has served regular military service shall have a preferential right of being employed at the enterprise from which he was drafted.

Section 81. Guarantees to workers sent for medical examination

For the time of periodical medical examinations of the workers who are obliged to undergo such examinations at the employer's expense, their place of work (position) and average monthly wages shall be retained.

Section 82. Guarantee to workers sent for upgrading their professional skill and retraining

When the worker is sent for upgrading his professional skill and retraining, the work being discontinued, his working place (position) and average monthly wages shall be retained.

Section 83. Compensations for of business trips

Workers sent on business trips shall be paid:

Section 84. Compensations in case of transfer to work in another locality together with the establishment

The procedure and amount of the compensation for expenses when the worker is transferred to work in another locality together with the establishment shall be determined by agreement between the parties.

Section 85. Social benefits in case of temporary incapacity to work

Social benefits in case of temporary incapacity to work shall be granted in connection with sickness of a general nature (injury, abortion, quarantine, temporary transfer to another job due to contraction of tuberculosis or any occupational disease) and in other instances provided by the laws.

Section 86. Maternity social benefits and social benefits to women (men) who adopted children

Maternity social benefits as well as social benefits to women (men) who adopted children directly from the maternity home shall be granted for the entire period of the maternity leave or leave for a period from the day of the adoption to expiation of fifty-six days from the birthday of the adopted child.

Section 87. Payment of social benefits to workers at the expense of the employer

1. The employer shall be obliged at his own expense to pay to the worker social benefits in case of temporary incapacity to work in connection with sickness of a general nature, injury received at the work, occupational disease, maternity benefit, as well as social benefits to women (men) who adopted children.

2. The procedure of the payment and amount of the social benefits shall be determined by the laws of the Republic of Kazakhstan.

When the temporary incapacity to work is connected with an injury received at the work or occupational disease, the social benefit shall be paid by the employer in the amount of one hundred per cent of the average wages from the first day of the incapacity till resumption of the work or establishment of invalidity.

3. For non-fulfillment or inadequate fulfillment of his duties as regards the payment of the social benefits, the employer shall bear liability fixed by the laws of the Republic of Kazakhstan.

Section 88. Training and upgrading of professional skill at the employer's expense

1. The employer has the right to train or send the worker for training in the employer's interest at his own expense.

2. The worker who has passed training, upgrading of his professional skill or re-training at the employer's expense shall be obliged to work with that employer for a certain time agreed upon by the parties in the individual contract of employment.

3. In case of dissolution of the individual contract of employment on the worker's initiative or on the employer's initiative due to the worker's fault, the worker shall fully compensate the employer for the expenses connected with his training proportionally to the remaining part of the stipulated time.

Chapter 9- FINANCIAL LIABILITY OF PARTIES TO INDIVIDUAL CONTRACT OF EMPLOYMENT

Section 89. Liability of party to indemnify for damage caused by it

1. A party to the individual contract of employment which has caused any damage to the other party shall indemnify the latter for it in conformity with this Law and other laws and regulations on the basis of the court ruling or voluntary basis.

2. Details of the financial liability of the parties to the individual contract of employment shall be stipulated in the contract.

Section 90. Liability of the employer for harm inflicted on the worker's health by an injury or otherwise

1. If during fulfillment of his labour (service) duties, the worker shall suffer an injury or any other harm to the health through the employer's fault as a result of which he has lost ability to work in full or in part, the employer shall be obliged to indemnify him for the harm on the terms and according to the procedures envisaged by the laws and regulations of the Republic of Kazakhstan unless the worker is entitled to the insurance benefit.

2. The liability of the employer for the harm inflicted on the life and health of the worker while in line of the labour duties shall be subject to insurance.

Section 91. Instances of full financial liability of the workers

The workers shall bear financial liability in the full measure for the damage inflicted through their fault on the employer in the instances when:

Section 92. Agreements in writing on full financial liability

1. Agreements in writing on full financial liability can be concluded by the employer with the worker who has reached the age of eighteen years and occupies a position or is engaged in works directly connected with safekeeping, processing, sale (dispensing), carriage and utilization in a production process of values handed over to him.

2. The list of such positions and jobs and a type agreement on full individual financial liability shall be approved in the collective agreements.

Chapter 10- INCENTIVES AND PUNISHMENTS APPLICABLE TO WORKERS

Section 93. Labour incentives

The employer shall have the right to apply various forms of incentives to the workers for their good work. The forms of the incentives and procedure of their application shall be determined by the individual contract of employment, collective agreement and employer's instruments.

Section 94. Disciplinary sanctions

1. For a breech of labour discipline by the worker, i.e. for non-fulfillment or inadequate fulfillment of his labour duties through his fault, the employer shall be empowered to apply the following disciplinary sanctions:

2. Application of any disciplinary sanctions not envisaged by this Law shall not be allowed.

Section 95. Procedures of application of and appeals against disciplinary sanctions

1. Before application of any disciplinary sanction the worker should be demanded to present his explanations in writing.

2. A disciplinary sanction shall be applied not later than one month after disclosure of the misdeed and cannot be applied later than six months after its commitment.

3. Only one disciplinary sanction can be applied for every misdeed.

4. The order about the administration of the disciplinary sanction shall be brought to notice of the worker against his signature.

5. When applying a disciplinary sanction, the employer should take into consideration the seriousness of the misdeed, circumstances of its commitment, previous behaviour of the worker, his attitude towards the work, as well as correspondence of the sanction to the seriousness of the misdeed.

6. Any disciplinary sanction can be appealed against, according to the procedure provided for consideration of individual labour disputes.

Section 96. Validity of disciplinary sanctions

1.The validity of a disciplinary sanction shall not exceed six months from the day it was imposed. If within this period the worker is not subjected to a new sanction, he shall be deemed clear of the sanction.

2. The employer who imposed a disciplinary sanction shall be entitled to lift it ahead of time on his own initiative, or at the request of the worker, or his immediate superior, petition of the workers and their representatives.

Chapter 11- LABOUR DISPUTES

Section 97. Procedure of consideration of labour disputes

Labour disputes shall be considered by agreement between the parties or judicially.

The procedure of consideration of labour disputes in courts shall be determined by laws of the Republic of Kazakhstan.

Section 98. Bodies considering labour disputes and procedure of their consideration

By agreement between the parties, labour disputes can be considered by a conciliation commission.

Section 99. Organization and competence of the conciliation commission

The conciliation commission shall be formed on parity basis from the equal numbers of representatives of the employer and workers by a mutual decision of the parties.

The workers' representatives shall be elected to the conciliation commission by a general meeting (conference) of the establishment.

The employer's representatives shall be appointed by the director of the establishment.

Organizational and technical support of the conciliation commission shall be provided by the employer.

The conciliation commission shall elect the chairman and secretary of the commission from among its composition.

Section 100. Procedure of consideration of labour disputes. Adoption and enforcement of its decision.

The conciliation commission shall consider the claimant's petition within three days from its filing. By results of the consideration, the conciliation commission adopts a decision which is issued to the claimant. The decision of the conciliation commission to the satisfaction of the claimant shall be executed by the adverse party within three days.

Section 101. Exemption of workers from court costs for labour proceedings

When the workers bring to the court an action for claims out of labour relations, they shall be exempt from payment of the court expenses to the public revenue (state fees and costs pertinent to trial).

Chapter 12- SUPERVISION OVER OBSERVANCE OF THIS LAW

Section 102. Supervision over observance of labour laws and regulations

Supervision over the observance of this Law and other labour laws and regulations shall be exercised by public inspectors for labour of the labour public authority in conformity with the Regulations approved by the Government of the Republic of Kazakhstan.

Section 103. Competence of public inspectors for labour as regards the supervision

The competence of the public inspectors for labour, responsible for the supervision over observance of the labour conditions in compliance with this Law, shall comprise:

Section 104. Rights of public inspectors for labour as regards the supervision

The public inspectors for labour in the exercise of their functions of supervision over observance of the labour laws and regulations in establishments shall have the right:

Section 105. Kinds of prescriptions issued by public inspectors for labour

1. In an effort to take concrete influential legal measures by the results of the supervision and depending on the nature of breaches disclosed, the public inspectors for labour shall issue a prescription to correct the breaches provided by this Law.

2. Forms of the prescriptions and procedure of their issue shall be determined by the labour public authority.

Section 106. Mandatory nature of the prescriptions issued by public inspectors for labour

The prescriptions issued by the public inspectors for labour supervising observance of the labour laws and regulations shall be mandatory for fulfillment by all establishments regardless of the forms of ownership.

Section 107. Appeal against actions of public inspectors for labour

Actions of the public inspectors for labour shall be appealable according to the procedure provided by the laws and regulations.

The appeal shall not suspend execution of the prescriptions issued.

Section 108. Social supervision

Representatives of the workers shall carry out social supervision over the observance of terms and conditions of the individual contract of employment and collective agreement of the workers whose interests they represent.

Section 109. Liability for breach of the labour laws and regulations

Persons guilty of breaching the labour laws and regulations shall be subject to liability according to the procedure established by the laws and regulations of the Republic of Kazakhstan.

Signature: President of the Republic of Kazakhstan

N. NAZARBAYEV

Astana, December, 10, 1999 No.493-I 3PK.


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