Position about the Department for control of labor relations in the construction sector of the Department on labor inspection of Almaty region

Position

about the Department for control of labor relations in the construction sector of the Department

on labor inspection of Almaty region

1. General provisions
2. The Department for control of labor relations in the construction sector (hereinafter – the Department) is a structural division of the State Institution "Department for labor inspection of Almaty region (hereinafter-The Department – State control over compliance with labor legislation in organizations, regardless of ownership and management, the Labor Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "on employment", the Law of the Republic of Kazakhstan "on social protection of disabled people in the Republic of Kazakhstan", the law of the Republic of Kazakhstan "on mandatory insurance of employees from accidents in the performance of their labor (official) duties" and other normative legal acts regulating labor relations.
3. Department in its activity is guided by Constitution, Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other normative legal acts, as well as other Management positions.
4. The position about the Department, its structure and staff numbers shall be approved by the head of the Department.
5. Main tasks, functions, rights and responsibilities of the Department

Task:

1. Ensuring state control over observance of the Labour code of the RK, Law of RK "On employment of population", Law of RK "On social protection of invalids in RK", SAM "On compulsory insurance of employees against accidents" and other normative-legal acts regulating labour relations.

Functions:

1. implementation of state control over compliance with labor legislation regulation of labor relations and other relations directly related to labor, aimed at protecting the rights and interests of parties to labor relations establishment of minimum guarantees of rights and freedoms in the field of labor;
2. analysis and generalization of the reasons for violations of labor legislation in enterprises and organizations of the Almaty region;
3. participation in the development and adoption of measures to implement measures aimed at strengthening the prevention of violations of labor legislation of the Republic of Kazakhstan;
4. preparation of information, certificates and reports on compliance with labor legislation;
5. preparation and submission of reports, references and information on the status of compliance with labor legislation to the Department of the code and analytical work within the established time frame;
6. investigation, recording and analysis of accidents and occupational diseases at work;
7. Monitoring on accidents that occurred at major companies in the region;
8. Issuance by the Department's specialists of the conclusion on compliance with the requirements of labor legislation and safety, to enterprises and organizations of the city;
9. issuance of orders on elimination of detected violations of labor legislation based on the results of inspections;
10. reception of citizens and conducting explanatory work on the application of labor legislation of the Republic of Kazakhstan.
11. Protection of labor rights of employees from illegal actions of employers, officials who do not comply with the requirements stipulated by labor and collective agreements and agreements;

12) Interact with citizens and representatives of employees in the implementation of control in the field of safety and labor protection.

13) Timely consider appeals of employees and employers on the application of labor legislation of the Republic of Kazakhstan;

14) Identify the causes and circumstances that lead to violations of labor legislation, make recommendations for their elimination and restoration of violated labor rights;

15) monitoring of salary arrears;

16) monitor the collective agreements concluded;

17) monitoring the certification of production facilities for working conditions;

18) Organize monitoring of the content of AIS databases "labor Protection and safety".

19) Provides monitoring of risk assessment in the field of occupational safety and health;

20) Monitors the implementation of international and national standards on occupational safety and health;

21) conducting information and explanatory works on the application of labor legislation of the Republic of Kazakhstan through speeches in the media, publication of articles in publications;

22) Interaction with other state supervision and control bodies, employees ' representatives, public associations, and other organizations.

 

Rights of the Department:

In order to implement the main objectives and exercising its functions, the Department in the manner prescribed by law, within its competence has the right:

1) freely visit organizations and enterprises in order to conduct inspections of compliance with labor legislation;

2) request and receive in accordance with the established procedure from organizations, individuals engaged in business activities without forming a legal entity, enterprises, institutions relevant documents, explanations and other information necessary to perform the functions assigned to the Department;

3) issue, within its competence, mandatory instructions for employers to comply with and prevent violations of labor legislation, as well as draw up protocols and resolutions on administrative violations, impose administrative penalties in accordance with the procedure established by law;

4) provide explanations on issues within the competence of the Department;

5) suspend (prohibit) the activities of organizations, individual productions, workshops, sites, workplaces and equipment, mechanisms if they are found to be non-compliant with the requirements of regulatory legal acts on safety and labor protection for a period of no more than three days with the mandatory submission of a statement of claim to the court within the specified period.

6) send to the relevant law enforcement agencies and courts information, claims and other materials on the facts of violations of labor legislation of the Republic of Kazakhstan, non-compliance by employers with acts of state inspectors.

7) monitor the completeness and timeliness of payment of wages to employees, the legality of reducing the number or staff of employees;

8) conduct targeted inspections on compliance with the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "on employment" at enterprises with foreign participation;

9) carry out verification of compliance with the special conditions defined when issuing a permit to attract foreign labor.

10) conduct joint inspections with Supervisory authorities on compliance with the Labor code of the Republic of Kazakhstan

11) exercise other rights provided for by the legislation of the Republic of Kazakhstan.

 

Responsibilities of the Department.

In order to prevent violations of labor legislation and other regulatory legal acts regulating labor relations, the Department must:

1. to carry out control over observance by employers of the Labour code of the RK, Law of RK "On employment of population", Law of RK "On social protection of invalids in RK", SAM "On compulsory insurance of employees against accidents" and other normative-technical documents, and to take duly measures to eliminate detected violations;
2. to provide timely, quality and efficient audits of employer compliance with the Labor code of the RK, Law of RK "On employment of population", Law of RK "On social protection of invalids in RK", SAM "On compulsory insurance of employees against accidents" and other normative-technical documents;
3. inform employers and heads of organizations in accordance with the established procedure about detected violations of labor legislation in order to take measures to eliminate them, make proposals to bring the perpetrators to justice;
4. to collect, generalization, systematization and analysis of indicators, observance of labour legislation and other normative legal acts to ensure a safe work environment, processing of statistical reports and submit in the established procedure information, management reports of Akimat of Almaty region and the Ministry of;
5. develop measures aimed at improving the effectiveness of preventing violations of labor legislation and take measures to implement these measures;
6. timely consider complaints, applications and proposals of citizens, organizations and enterprises on issues within the competence of the Department, conduct their synthesis and analysis;
7. conduct information and explanatory work in organizations on the application of labor legislation of the Republic of Kazakhstan, as well as through the mass media;

8) improve the skills of state labor inspectors.

 

3. Organization of activities of the Department

1) the Department is headed by a head who is appointed and dismissed by the head of the Department in accordance with the Law of the Republic of Kazakhstan "on public service". The activities of the Department for the implementation of state control over compliance with labor legislation are organized by the head of the Department. The Department works closely with other Management departments.

2) The head of the Department is personally responsible for performing the tasks assigned to the Department and performing its functions.

3) for this purpose, the head of the Department:

- defines the responsibilities and powers of the Department's specialists;

- in accordance with the procedure established by law, makes proposals to the head of the Department on awarding employees of the Department for success in their work and on awarding disciplinary measures for committing a disciplinary offense.

- makes proposals to the head of the Department on making changes and additions to this Regulation;

- represents the Department in state bodies and other organizations;.

Дата публикации

04 июня 2020