In accordance with Art. 32 of the Law "On the Civil Service of the Republic of Kazakhstan", the working hours of civil servants are determined in accordance with labor legislation, taking into account the specifics provided for by this Law.
Civil servants are assigned a five-day working week with two days off.
To perform urgent, unforeseen work in advance, civil servants may be involved in overtime work, work on weekends and holidays in accordance with labor legislation.
In particular, according to Art. 77 of the Labor Code, involvement in overtime work is allowed only with the written consent of the employee, with the exception of cases provided for in paragraph 2 of Art. 77 of the Labor Code (in the performance of work necessary for the defense of the country, as well as for the prevention of emergencies, natural disasters or industrial accidents, or immediate elimination of their consequences, etc.).
Overtime work shall not exceed two hours for each employee during the day, and the total duration of overtime work shall not exceed twelve hours per month and one hundred and twenty hours per year.
Pregnant women who have provided a pregnancy certificate, employees under the age of eighteen and disabled people are not allowed to work overtime.
Work on weekends and holidays is also allowed with the written consent of the employee or at his request on the basis of the employer's act (order or order), with the exception of the following cases provided for in Art. 86 of the Labor Code (prevention of emergencies, natural disasters or industrial accidents, etc.).
As well as overtime work, it is prohibited to engage pregnant women who have provided the employer with a pregnancy certificate to work on weekends and holidays.
It should be noted that payment for overtime work, on holidays and weekends is made in an increased amount according to the terms of the employer's act (order, order), but not less than one and a half amount based on the daily (hourly) rate of the employee (Articles 108, 109 Labor Code).
By agreement of the parties (employee and employer), for overtime work, work on weekends and holidays, in addition to payment, it is allowed to provide rest hours at the rate of at least one hour of rest for one hour of overtime work, and for work on weekends, holidays, another day of rest.
Therefore, one of the main duties of the employer is to keep records of the working hours actually worked by the employee. The time worked and not worked by the employee is to be accounted for, the time of overtime work, weekends, holidays are separately taken into account.
And so, what is important for civil servants to know about overtime work, work on weekends and holidays:
- to engage in overtime work, work on weekends, holidays, the written consent of the employee is required;
- overtime work should not exceed two hours for each employee during the day, twelve hours a month and one hundred and twenty hours a year;
- the time of overtime work, work on weekends and holidays must be recorded (taken into account in the timesheets);
- by agreement, for overtime work, work on weekends and holidays, days (hours) of rest are provided or compensated for by a payment of at least one and a half amount based on the daily (hourly) rate of the employee, and all this must be formalized by an act (order or order) ...
In this regard, if civil servants are faced with overwork at work, it is necessary to apply in writing to the Agency for Civil Service Affairs and the territorial departments of the Agency, as well as to local labor inspection bodies.