Footnote. Abolished by the resolution of the Akimat of Atyrau region dated 08.11.2016 No. 259 (shall be enforced upon expiry of ten calendar
days after the day of its first official publication).
In accordance with Article 42 of the Civil Code of the Republic of Kazakhstan
dated December 27, 1994, Articles 27, 37 of the Law of the Republic of Kazakhstan dated January 23,
2001 "On Local Public Administration and Self-Government in the Republic of Kazakhstan", Article 17
of the Law of the Republic of Kazakhstan dated March 1, 2011 " On state property "and by the Decree
of the President of the Republic of Kazakhstan dated October 29, 2012" On approval of the Model Regulations
of the State Body of the Republic of Kazakhstan "the Akimat of Atyrau Region DECIDES:
1. Approve the Regulations on the state institution "Department of the State Labor Inspection of Atyrau region" in accordance with the annex to this resolution.
2. To recognize become invalid the paragraph 2 of the resolution of the akimat of Atyrau oblast of June 26, 2013 № 247 "About establishment of the state institution "Management of State labour inspection in Atyrau region" and the resolution of the akimat of Atyrau oblast dated 30 April 2014 № 124 "On amendments to the decree of the akimat of the region from 26 June 2013 № 247 "About establishment of the state institution "management of State labour inspection in Atyrau region".
3. Control over the implementation of this resolution should be entrusted to Nakpaev S. Zh. - Deputy Akim of Atyrau region.
4. The present decision comes into force from the date of state registration in bodies of justice and shall be enforced upon expiry of ten calendar days after its first official publication.
Akim of the region B. Izmukhambetov.
Approved by the resolution of the Akimat of Atyrau region No. 98 dated April 3, 2015
Regulations
on the state institution " Department of the State Labor Inspectorate of Atyrau region"
1. General provisions
1. The State Institution " Department of the State Labor Inspection of Atyrau Region "(hereinafter referred to as the Department) is a state body that provides guidance in the field of labor relations in accordance with the legislation of the Republic of Kazakhstan.
2. The Department has no departments.
3. The Department carries out its activities in accordance with the Constitution and laws of the Republic of Kazakhstan, acts of the President and Government of the Republic of Kazakhstan, other regulatory legal acts, as well as this Regulation.
4. The Department is a legal entity in the organizational and legal form of a state institution, has seals and stamps with its name in the state language, forms of the established sample, in accordance with the legislation of the Republic of Kazakhstan, accounts in the treasury bodies.
5. The Department enters into civil relations on its own behalf.
6. The Office has the right to act as a party to civil relations on behalf of the state, if it is authorized to do so in accordance with the law.
7. The Department on issues of its competence in accordance with the procedure established by law makes decisions issued by orders of the head of the Department and other acts provided for by the legislation of the Republic of Kazakhstan.
8. The structure and limit of the number of staff of the Department are approved in accordance with the current legislation.
9. Location of the legal entity: 060011, Atyrau city, Pushkin Street, No. 163.
10. Full name of the state body: State Institution "Department of the State Labor Inspection of Atyrau region".
11. This Regulation is the constituent document of the Department.
12. The Department's activities are financed from the regional budget.
13. Management is prohibited from entering into contractual relations with business entities for the performance of duties that are Management functions.
If the Management of legislative acts is granted the right to carry out income-generating activities, then the income received from such activities is directed to the income of the regional budget.
2. Mission, main tasks, functions, rights and responsibilities of the Office
14. Mission statement: ensuring and protecting the rights of employees and employers in the field of labor relations.
15. Tasks: implementation of state control over compliance with legislation in the field of labor, safety and labor protection, employment and social security.
16. Functions:
1) exercises state control over compliance with the labor legislation of the Republic of Kazakhstan, requirements for labor safety and protection, employment and social security;
2) monitors collective agreements submitted by employers;
3) analyzes the causes of occupational injuries, occupational diseases, occupational poisoning and develops proposals for their prevention;
4) investigate accidents at work in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
5) checks the knowledge of persons responsible for ensuring safety and labor protection at employers;
6) participates in the composition of the acceptance commission for the commissioning of production facilities;
7) interacts with authorized representatives of employees and employers on issues of improving safety and labor protection standards;
8) consider appeals of employees, employers and their representatives on issues of safety and labor protection;
9) monitors the certification of production facilities for working conditions;
10) develops and approves audit plans in accordance with the Law of the Republic of Kazakhstan "On State Control and Supervision in the Republic of Kazakhstan";
11) submit periodic reports to the authorized state body for labor, as well as the results of monitoring the state of safety and labor protection on the basis of the information system for labor protection and safety;
12) provide the necessary information on labor relations to the authorized state labor body;
13) other functions provided for by the legislation of the Republic of Kazakhstan.
17. Management rights and responsibilities:
1) request and receive information from relevant state bodies, other organizations and enterprises, regardless of the form of ownership located in the subordinate territory, as well as individuals necessary to perform the functions and tasks assigned to the Department;
2) submit proposals for the consideration of the akim of the region and the regional maslikhat on solving issues related to the competence of the Department;
3) participate in the preparation of draft acts of the akimat and akim of the region;
4) carry out inspections and other forms of state control on compliance with the requirements of the legislation in the field of labor relations in accordance with the established procedure and within the scope of competence;
5) participate in the work of commissions and working groups to discuss issues within the competence of the Department;
6) ensure compliance with labor legislation within the scope of its competence;
7) exercise other rights and obligations within the powers established by legislative acts of the Republic of Kazakhstan.
3. Organization of Management activities
18. The user Control is first head, who bears personal responsibility for performance assigned to the Management task and the implementation of its functions.
19. The first head of the Department is appointed and dismissed by the akim of the region.
20. The first head of the Department has a deputy, who is appointed and dismissed in accordance with the legislation of the Republic of Kazakhstan.
21. Powers of the first Head of the Department:
1) approves regulations on departments, defines their functions and powers;
2) approve, in coordination with the regional akimat, the staffing table within the limit of the staff number and management structure;
3) approve job descriptions of employees of the Department;
4) appoints and dismisses heads of departments, chief and leading specialists, as well as employees who are not civil servants;
5) represents Management in state bodies, public and other Kazakhstani and foreign organizations, as well as in relations with individuals;
6) in accordance with the legislation, makes decisions on filing claims and claims against legal entities and individuals on behalf of the Department;
7) apply measures of encouragement, material assistance and impose disciplinary penalties on employees of the Department, in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
8) enters into contracts;
9) issues power of attorney;
10) sends employees of the Department on business trips, internships, training in Kazakhstan and foreign training centers and other types of professional development of employees;
11) opens bank accounts;
12) issue orders and give instructions that are mandatory for all employees;
13) take measures aimed at combating corruption and bear personal responsibility for taking anti-corruption measures;
14) exercise other powers in accordance with the legislation of the Republic of Kazakhstan.
The performance of the powers of the first head of the Department during his absence is carried out by the person who replaces him in accordance with the current legislation.
22. The first head of the Department determines the powers of his deputy in accordance with the current legislation.
23. The Department consists of:
1) the Department of Labor Relations Control;
2) department of Occupational Safety and Health Control;
3) department of information and analytical support of the state labor Inspectorate.
4. Management Property
24. Management may have separate property on the right of operational management in cases provided for by law.
Property Management is formed by the property transferred to it by the owner, and property (including cash income), acquired as a result of its own activities and other sources not prohibited by the legislation of the Republic of Kazakhstan.
25. The property assigned to the Management belongs to the communal property.
26. Management has no right to alienate or otherwise dispose of the property fixed to it and the property acquired with funds provided by the financing plan, unless otherwise provided by law.
5. Reorganization and abolition of Management
27. Reorganization and abolition of Management is carried out by the founder in accordance with the legislation of the Republic of Kazakhstan.