In order to improve the conditions for small business development, including micro-enterprises, decree of the President of the Republic of Kazakhstan, Tokayev K. K. dated December 26, 2019 (hereinafter - the Decree) Central state and local Executive bodies specified for a termination from January 1, 2020 until January 1, 2023 inspections and preventive oversight with visits to small businesses, including entities of micro-enterprises.
In this case, sub-paragraphs 10-11) of paragraph 1 of the Decree clearly defines the conditions under which verification of specified categories of businesses can be carried out in cases of prevention or elimination of violations, which carry potentially massive threats to the life and health of population, environment, law and public order; direct or immediate threat to the constitutional order and national security, as well as ongoing control and supervision of financial market and financial organizations, etc.
Also, the procedure for appointing inspections is established in cases provided for in sub-paragraphs 10-11) of paragraph 1 of the Decree, where it is regulated that inspections are carried out on the basis of the decision of the first head of the central state (relevant Ministry) or local executive body (akims of regions).
In compliance with the requirements of the Decree, the Office of the State Labor Inspectorate of Atyrau region (hereinafter referred to as the Labor Inspectorate) has stopped any inspections of small and microenterprises, including on the appeals of individuals and legal entities.
In this regard, since January 1 of this year, citizens (legal entities) who apply to the labor Inspectorate with complaints about illegal actions of an employer who is a small and micro business entity are explained the right to mediative dispute resolution and the possibility of protecting their rights in court.
For the purpose of pre-trial settlement of labor disputes and restoration of labor rights of citizens, the Labor Inspectorate signed a memorandum with the Republican Public Association "Center for Mediation Development".
According to article 192 of the Labor Code of the Republic of Kazakhstan, the main tasks of the State Labor Inspectorate are state control over compliance with labor legislation and ensuring the observance and protection of the rights and freedoms of employees.
At the same time, paragraph 3 of Article 14 of the Entrepreneurial Code of the Republic of Kazakhstan provides that when business entities perform their duties or exercise their rights and legitimate interests, their actions are assumed to be in good faith, while one of the principles of interaction between business entities and the state is the legality and mutual responsibility of business entities and the state.
In this regard, taking into account the full support of small and micro businesses from the state and in order for employers to correctly understand the provisions of the Decree, this category of entrepreneurs must fully understand their responsibility to employees in terms of compliance with labor legislation, including labor protection and safety.
In turn, the labor Inspectorate within the Media Plan continues legal explanatory work at enterprises and organizations with the participation of collectives and employers.