Labor code of the Republic of Kazakhstan

abor Code of the Republic of Kazakhstan

Note of the RCPI!
It is put into effect from 01.01.2016.
TABLE OF CONTENTS
GENERAL PART
SECTION 1. GENERAL PROVISIONS
Chapter 1. MAIN PROVISIONS
Article 1. Basic concepts used in this Code
1. The following basic concepts are used in this Code:
1) civil service – the professional activity of civil servants in the performance of official duties, aimed at implementing the tasks and functions of state-owned enterprises, state institutions, carrying out maintenance and ensuring the functioning of state bodies;
2) civil servant – a person who holds a paid full-time position in state-owned enterprises, state institutions in accordance with the procedure established by the legislation of the Republic of Kazakhstan and exercises official powers in order to implement their tasks and functions, perform maintenance and ensure the functioning of state bodies;
3) the minimum monthly salary is a guaranteed minimum of monetary payments to an employee of simple unskilled (least complex) labor when he performs his labor duties under normal conditions and with normal working hours established by this Code, per month;
4) special clothing – clothing, shoes, headgear, gloves, other personal protective equipment designed to protect the employee from harmful and (or) dangerous production factors;
5) heavy work – types of employee's activities related to constant movement, moving and carrying manually (ten kilograms or more) heavy loads and requiring great physical effort (energy consumption of more than 250 kcal / hour);
6) shift work – work in two or three or four working shifts during the day;
7) social partnership – a system of relations between employees (representatives of employees), employers( representatives of employers), state bodies, aimed at ensuring the coordination of their interests on issues of regulation of labor relations and other directly related to labor relations, as well as socio-economic relations, based on equal cooperation;
8) general, sectoral, regional agreement (hereinafter referred to as the agreement) is a legal act in the form of a written agreement concluded between the parties to the social partnership, defining the content and obligations of the parties to establish working conditions, employment and social guarantees for employees at the republican, sectoral and regional levels;
9) non-competition clause – the terms of the non-competition agreement that restrict the employee's right to perform actions that can cause damage to the employer;
10) idle-temporary suspension of work for reasons of economic, technological, organizational, other industrial or natural nature;
11) qualification category (category) – the level of requirements for the qualification of an employee, reflecting the complexity of the work performed;
12) intermediary – an individual or legal entity engaged by the parties to the employment relationship to provide services for resolving a labor dispute;
13) vacation – the release of an employee from work for a certain period to ensure the employee's annual rest or social purposes with the preservation of his place of work (position) and, in cases established by this Code, the average salary;
14) labor is a human activity aimed at creating material, spiritual and other values necessary for life and meeting the needs of a person and society;
15) occupational hygiene – a set of sanitary and epidemiological measures and means to preserve the health of employees, prevent adverse effects of the production environment and the labor process;
16) labor dispute – disagreements between an employee (employees) and an employer( employers), including those who were previously in labor relations, on the application of the labor legislation of the Republic of Kazakhstan, the implementation or modification of the terms of agreements, labor and (or) collective agreements, acts of the employer;
17) working conditions – conditions of payment, labor rationing, performance of labor duties, working hours and rest time, the procedure for combining professions( positions), expanding service areas, performing the duties of a temporarily absent employee, labor safety and health, technical, industrial and living conditions, as well as other working conditions as agreed by the parties;
18) the authorized state body for labor – the central executive body that carries out management and intersectoral coordination in the field of labor relations in accordance with the legislation of the Republic of Kazakhstan;
19) local labor inspection body – a structural subdivision of local executive bodies of a region, a city of republican significance, the capital, exercising powers in the field of labor relations within the relevant administrative-territorial unit in accordance with the legislation of the Republic of Kazakhstan;
20) remuneration of labor – a system of relations related to the provision by the employer of mandatory payment of remuneration to the employee for his work in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labor, collective agreements and acts of the employer;
21) labor relations – relations between an employee and an employer arising in the exercise of rights and obligations provided for by the labor legislation of the Republic of Kazakhstan, agreements, labor, collective agreements and acts of the employer;
22) relations directly related to labor – relations that develop regarding the organization and management of labor, employment, vocational training, retraining and advanced training of employees, social partnership, conclusion of collective agreements and agreements, participation of employees (employee representatives) in establishing working conditions in the cases provided for by this Code, resolution of labor disputes and monitoring compliance with the labor legislation of the Republic of Kazakhstan;
23) labor safety – the state of protection of employees, provided by a set of measures that exclude the impact of harmful and (or) dangerous production factors on employees in the course of their work;
24) labor safety conditions – compliance of the labor process and the production environment with the requirements of safety and labor protection when performing labor duties by an employee;
25) monitoring of occupational safety and health – a system of monitoring the state of occupational safety and health at work, as well as assessment and forecast of the state of occupational safety and health;
26) standards in the field of safety and labor protection – ergonomic, sanitary-epidemiological, psychophysiological and other requirements that ensure normal and safe working conditions;
27) an accident related to labor activity – the impact on an employee, an employee of the sending party of a harmful and (or) dangerous production factor when performing labor (official) duties or tasks of the employer or the receiving party, as a result of which there was an industrial injury, a sudden deterioration in health or poisoning of an employee, an employee of the sending party, which led them to temporary or permanent disability or death;
28) labor obligations – obligations of an employee and an employer stipulated by regulatory legal acts of the Republic of Kazakhstan, an act of the employer, an act of the host party, labor and collective agreements;
29) work experience – the time in calendar terms spent by an employee on performing work duties, as well as other periods included in the work experience in accordance with this Code;
30) labor discipline – proper fulfillment by the employer and employees of the obligations established by regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labor, collective agreements, acts of the employer, constituent documents;
31) labor regulations – the procedure for regulating relations on the organization of labor of employees and the employer;
32) labor protection – a system for ensuring the safety of life and health of employees in the course of their work, including legal, socio-economic, organizational and technical, sanitary and epidemiological, therapeutic and preventive, rehabilitation and other measures and means;
32-1) occupational health and safety management system – a set of interrelated measures for the implementation of the occupational health and safety policy, compliance with occupational safety requirements, and occupational risk management;
33) technical inspector for labor protection – a representative of employees who performs internal control over labor safety and protection;
34) labor rationing – determination of the necessary labor costs (time) for the performance of work (production of a unit of production) by employees in specific organizational and technical conditions and the establishment of labor standards on this basis;
35) safe working conditions – working conditions in which the levels of impact of production factors on workers do not exceed the established standards;
35-1) unified system of accounting for labor contracts – an information system designed to automate the accounting of labor contracts, labor activity and the number of employees;