Dear residents and guests of Atyrau!
For schoolchildren and students of educational institutions, weekends have already begun, so many young people want to work temporarily. To work, they and their parents need to know some of the requirements of the current legislation. The labor legislation of the Republic of Kazakhstan defines the specifics of regulating labor discipline of employees, including those under the age of eighteen.
In accordance with paragraph 2 of Article 31 of the Labor Code of the Republic of Kazakhstan, citizens who have reached the age of fifteen in cases of obtaining basic secondary and general secondary education in an organization of secondary education; students who have reached the age of fourteen in their free time to perform work that does not harm their health and does not disrupt the educational process; an employment contract may be concluded with persons under the age of fourteen to participate in the creation and (or) performance of works in cinematographic organizations, theaters, theater and concert organizations, circuses without prejudice to their health and moral development, in compliance with the requirements defined in subparagraph 2) of this paragraph.
It is forbidden to use the work of minors at night, in heavy work, in work with harmful and dangerous working conditions that can cause harm to health and their moral development (gambling, night entertainment, production, transportation and sale of alcohol and tobacco products).
Work on concluding an employment contract with citizens who have reached the age of fourteen and have not reached the age of fourteen is carried out in their free time, provided that it does not harm their health and moral development and does not disrupt the educational process.
When entering into an employment contract with persons who have not reached the age of sixteen, their employment contract must be signed with the parents of the adoptive parent who are their parents, guardian, trustee or legal representatives.
In accordance with the legislation of the Republic of Kazakhstan, the legal representatives of the child are parents (parents), adoptive parents, guardians or guardians, adoptive parents (adoptive parents), foster carers and other persons replacing them, carrying out care, education, upbringing, protection of their rights and interests.
An employment contract with a minor provides for reduced working hours. For workers aged fourteen to sixteen years, the working time does not exceed 24 hours per week, and for workers aged sixteen to eighteen years, the working time does not exceed 36 hours per week, in addition, it is not allowed to involve employees under the age of eighteen in work using cumulative working time (overtime).
According to Article 16 of the law" on the rights of the child in the Republic of Kazakhstan", every child has the right to freedom of work, free choice of activities and professions. Children from the age of fourteen, with the permission of their parents, have the right to participate in socially useful work that is optimal for their health and growth, does not harm the physical, moral and mental state of the child, as well as receive a profession in their free time.
The law" on the rights of the child " has been adopted in the country since 2002. According to the law, parents are deprived of parental rights if they force their child to work. And persons who illegally used child labor, in accordance with paragraph 3 of Article 86 of the Administrative Code of the country, pay a fine. At the same time, it should be noted that small businesses or non – profit organizations that violate the law will be fined in the amount of 80, medium – sized businesses-150, large businesses-200 monthly calculation indices. If, within a year after the imposition of an administrative penalty, the employer again illegally uses child labor, the amount of the fine will increase several times.
For advice on the fact of violation of labor rights of minors, as well as for advice, please contact the Department of state labor inspection of Atyrau region at the address: Atyrau, 163 Pushkin STR., Tel: 51-99-02, 87719927263 via WhatsApp, e-mail: atyrau_enbek@mail.ru.
Imangaliyev K. K.-head of the Department of Labor Relations control, state Labor Inspector