Labor differential pay. Allowances, benefits and rates.

According to Labor Code of the Republic of Kazakhstan the overtime work within the time-based pay is paid at the increased rate in accordance with the terms and conditions of labor or collective agreements and (or) an employer’s act, but not less than one and a half times the employee’s daily (hourly) rate.

The overtime work within the piecework pay is additionally paid in the amount of not less than fifty percent of the employee’s established daily (hourly) rate.

The holiday and weekend work is paid at the increased rate in accordance with the terms and conditions of labor or collective agreements and (or) an employer’s act, but not less than one and a half times the employee’s daily (hourly) rate.

A nightshift work hour is paid at the increased rate in accordance with the terms and conditions of labor or collective agreements and (or) an employer’s act, but not less than one and a half times the amount based on the employee’s daily (hourly) rate.

An employee along with his individual designated scope of work stipulated in the labor agreement performs an additional scope of work within the same or another position in the organization as well as the duties of employee temporarily on leave of absence shall be additionally paid.

An additional pay for the positions overlapping and expanded service area or performing the duties of employee temporarily on leave of absence shall be established by an employer in agreement with an employee based on the scope of work performed.

A downtime pay:

1. The downtime pay on the ground of beyond the control of the employer and employee shall be established at the amount not lower than the minimum salary, and due to the fault of the employer in the amount of at least fifty percent of the employee’s average salary.
2. The downtime caused by the employee shall not be paid.

Order and date due for paying the salary:

1. The salary is established and paid in cash in the national currency of the Republic of Kazakhstan at least once a month no later than the first ten days of the next month. The date due for paying the salary is stipulated by labor and collective agreements. If the day of paying the salary comes on the weekends or holidays, it is paid on the previous day.
2. When paying the salary, the employer is obliged to notify each employee in writing or electronically on a monthly basis about the salary components owed to him for the relevant period, the amounts and grounds for deductions made, including information about withheld and transferred mandatory pension contributions, as well as the total amount of money to be paid.
3. If the employer fails to pay the salary in full and within the time limits established by the labor and collective agreements, the employer is liable in accordance with the laws of the Republic of Kazakhstan. The employer pays the employee the amount due and late payment fee. The amount of late payment fee is calculated based on 1.25 times the base rate of the National Bank of the Republic of Kazakhstan on the day of fulfillment of obligation to pay the salary and is accrued for each overdue calendar day, starting from the next day when the payment is due and ending on the day of actual payment proceeded.
4. Upon termination of labor agreement, the payment of amounts due to the employee from the employer is made no later than three working days after its termination.

In the case of violation of the deadlines specified in part one of this paragraph, the employer pays the employee the amount due and late payment fee for the payment delay period. The amount of late payment fee is calculated based on 1.25 times the base rate of the National Bank of the Republic of Kazakhstan on the day of fulfillment of obligation to pay the salary and is accrued for each overdue calendar day, starting from the next day when the payment is due and ending on the day of actual payment proceeded.