The Department of the state labor inspection of Atyrau region receives a lot of questions related to labor legislation. Today, one of these issues is related to the amount of working hours, wages, night and holiday payments, as well as weekends for employees working on a shift basis at the Tengiz field. At the same time, it became necessary to bring to the attention of readers of the newspapers" Atyrau "and" Caspian commune " to provide explanations on this issue.
In accordance with paragraphs 1 and 4 of Article 135 of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the code), the shift method is a special form of implementation of the labor process outside the place of permanent residence, when it is impossible to ensure the daily return of employees to their permanent place of residence.
A shift is a period that includes the time of work execution at the facility and the time of inter-shift rest. The duration of the Watch should not exceed FIFTEEN calendar days.
With the written consent of the employee, the duration of the Watch may be extended to thirty calendar days in accordance with collective, employment contracts.
Working time is the time during which an employee performs labor duties in accordance with the acts of the employer and the terms of the employment contract, as well as other periods of time attributed to working time in accordance with this code, other normative legal acts of the Republic of Kazakhstan, collective agreement, act of the employer.
Vacation time-the time when an employee is released from performing labor duties and can use them at his own discretion.
In accordance with paragraphs 1 and 2 of Article 85 of the code, work on weekends and holidays is allowed with the written consent of the employee or at his request on the basis of an act of the employer, except for the cases provided for in Article 86 of the code.
For work on weekends and holidays, the employee is granted another day of rest at his discretion or paid in the amount specified in Article 109 of the code.
Thus, in accordance with the requirements of Article 109 of the code, payment for work on holidays and weekends is made in the amount increased in accordance with the requirements of labor or collective agreements and (or) the act of the employer, but not less than one and a half times, based on the daily (hourly) rate of the employee.
According to Article 110 of the Labor Code of the Republic of Kazakhstan, each hour of work at night is paid in an increased amount in accordance with the requirements of labor or collective agreements and (or) an act of the employer, but not less than one and a half times, based on the daily (hourly) rate of the employee.
At the same time, by the law of the Republic of Kazakhstan dated May 4, 2020 No. 321-VI" on introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on labor issues", the provision of the above article was supplemented by the second part, which states that if the night working time falls on a holiday or weekend, remuneration is made separately for night hours in accordance with the first part of this article and for hours on a holiday or weekend in accordance with Article 109 of this code.
The night time is from 22 to 6 hours.
In this regard, it is necessary to pay for the night hours of work on the day off of an employee in a higher amount in accordance with the requirements of labor or collective agreements and (or) the act of the employer, but not less than one and a half times, based on the daily (hourly) rate of the employee and payment for work on the day off.
Akhmetova D. O.-state Labor Inspector of Atyrau region