The Department of the State Labor Inspectorate of Atyrau region receives many questions concerning labor legislation. In particular, the amount of remuneration for employees working mainly on a shift basis at the Tengiz field, at night and on holidays, as well as on weekends. In this regard, it seems necessary to provide an explanation for the readers of the newspapers "Atyrau" and "Caspian Commune".
According to 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 carrying out the labor process outside the place of permanent residence of employees, when their daily return to their permanent place of residence cannot be ensured.
A watch is a period that includes the time of performing work on the object and the time of inter-shift rest. The duration of the watch may not exceed fifteen calendar days.
With the written consent of the employee, the duration of the watch may be increased to thirty calendar days in accordance with the collective labor agreements.
Working time is the time during which an employee, in accordance with the acts of the employer and the terms of the employment contract, performs labor duties, as well as other periods of time that, in accordance with this Code, other regulatory legal acts of the Republic of Kazakhstan, the collective agreement, the act of the employer, are attributed to working time.
Rest time – the time during which the employee is free from performing work duties and which he can use 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 public holidays, the employee, at his request, is granted another day of rest or is paid in the amount specified in Article 109 of the Code.
Thus, according to the requirements of Article 109 of the Code, payment for work on holidays and weekends is made in an increased amount in accordance with the terms of labor or collective agreements and (or) the employer's act, but not less than one and a half times based on the daily (hourly) rate.) employee rates.
In accordance with Article 110 of the Code, each hour of work at night is paid in an increased amount in accordance with the terms of the employment or collective agreements and (or) the act of the employer, but not less than one and a half times based on the day (hour) employee rates.
At the same time, the Law of the Republic of Kazakhstan dated May 4, 2020 No. 321-VI "On Amendments and Additions to certain Legislative Acts of the Republic of Kazakhstan on labor Issues" supplemented the provision of the above article with Part two, according to which, if the night time of work coincides with a holiday or weekend, labor is paid separately for night hours in accordance with part one of this Article and for the hours of holidays or weekends in accordance with Article 109 of this Code.
Night time is considered to be from 22 to 6 hours.
In this regard, payment for night hours of work falling on the employee's day off must be made in an increased amount in accordance with the terms of the labor or collective agreements and (or) the employer's act, but not less than one and a half times based on the daily (hourly) rate.) the employee's rates along with the payment for work on the day off.
Akhmetova D. O.-State Labor Inspector of Atyrau region