Let's start with the new obligation of the employer to provide employees with equal pay for equal work, as well as equal working and living conditions without any discrimination, which was introduced by adding a new subparagraph 28) to paragraph 2 of Article 23 of the Labor Code. And if the prevention of discrimination in matters of remuneration was earlier (it was simply indicated in the employee's rights), then the prevention of discrimination in matters of production and living conditions is an innovation of the Law we are considering.
For these purposes, the legislation also gave the individual the concept of industrial conditions, by introducing a new sub-paragraph 66-1) in article 1, paragraph 1 of the Labour code follows:
"66-1) production and living conditions – working conditions, required for a stay of the employee in the workplace, including when the shift method of work, including the provision of ablution facilities, as well as conditions for rest and a meal."
Not limited to the duty, the legislator also introduced liability for violating the right of an employee to equal working and living conditions.
Thus, in accordance with subparagraph 1 of Article 4 of the Law, the first paragraph of the first part of Article 90 of the Code of the Republic of Kazakhstan "On Administrative Offenses" dated July 5, 2014 No. 235-V of the SAM (hereinafter referred to as the "Administrative Code"), is supplemented with the words "as well as equal working and living conditions".
Thus, in accordance with the first part of Article 90 of the Administrative Code, the employer's admission of discrimination in the field of labor, expressed in violation of the employee's right to equal pay for equal work, as well as to equal working and living conditions,
- entails a fine for officials, small businesses or non-profit organizations-in the amount of thirty, for medium-sized businesses-in the amount of sixty, for large businesses-in the amount of one hundred monthly calculation indices.
Another innovation of the Law was the return of the norm of the previous labor code that an employee can independently withdraw a written application for termination of an employment contract. This is reflected in the new version of paragraph 4 of Article 56 of the Labor Code.
No less interesting innovation occurred in the order of termination of the employment contract, provided for in Article 53 of the Labor Code.
Thus, in accordance with paragraph 7-2 of Article 53 of the Labor Code, the termination of an employment contract on the grounds provided for in subparagraph 13) of paragraph 1 of Article 52 of this Code must be confirmed by an act of internal investigation, indicating in it the justifications confirming the commission of guilty actions or inaction by the employee. The procedure for internal investigation is established by the act of the employer.
In accordance with paragraph 1 of Article 159 of the Labor Code, individual labor disputes are considered by conciliation commissions, with the exception of disputes arising between an employer and an employee of a microenterprise entity, a non-profit organization with no more than fifteen employees, a domestic worker, the sole executive body of a legal entity, the head of the executive body of a legal entity, as well as other members of the collective executive body of a legal entity, and on unresolved issues or non – execution of the decision of the conciliation commission-by the courts.
The legislator also fixed such a duty in paragraph 2 of Article 23 of the Labor Code, by introducing a new subparagraph 26), according to which the employer is obliged to create a conciliation commission in accordance with the procedure established by this Code.
State Labor Inspector of Atyrau region A. K. Karabekov