In accordance with the Labor Legislation of the Republic of Kazakhstan, in the event of a reduction in the number of employees or the number of employees, the employer is granted the right to terminate the employment contract with the employee.
At the same time, the labor legislation establishes a number of requirements and restrictions when reducing the number of employees or the number of employees.
In particular, according to the requirements of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Code), termination of an employment contract is not allowed in the event of a reduction in the number or staff of employees:
- during the period of temporary disability of the employee;
– during the employee's stay on paid annual leave;
- pregnant women, women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under the age of eighteen), other persons raising the specified category of children without a mother.
In the event of a reduction in the number or staff of employees, the employer is obliged to notify the employee in writing one month in advance of the termination of the employment contract, unless a longer warning period is provided for in the employment or collective agreements. With the written consent of the employee, the termination of the employment contract may be made before the expiration of the notice period. According to article 56 of the Law of the Republic of Kazakhstan "On the Civil Service of the Republic of Kazakhstan" , when reducing the number of staff of a state body, a civil servant holding a reduced state position is paid a severance payment in the amount of four average monthly salaries if there is at least three years of civil service experience.
When transferring to a state body the functions, powers and (or) staff units of another state body, including a abolished (liquidated) or reorganized state body, administrative civil servants who performed the transferred functions, powers and (or) held these staff units are offered equivalent public positions in the state body to which the functions, powers and (or) staff units of another state body, including a abolished (liquidated) or reorganized state body, are transferred, according to their qualifications.
In the absence of an equivalent position, an administrative civil servant may be offered another public position in the same State body, provided that it meets the established qualification requirements.
In case of refusal of an administrative civil servant from employment, he is subject to dismissal.
Administrative civil servants who have refused the proposed position, who have at least three years of public service experience, are paid severance pay in the amount of four average monthly salaries by the state body to which the functions, powers and (or) staff units of another state body have been transferred, including those of a abolished (liquidated) or reorganized state body.
Commissioner for Ethics of the
Department of Finance
Akmola region
Belaya T. Yu.