Dear residents and guests of Atyrau!
The holiday season is approaching for students and students of educational institutions, and in this regard, many young people will want to get a temporary job. To do this, 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 the work of employees, including those who have not reached the age of eighteen.
In accordance with paragraph 2 of Article 31 of the Labor Code of the Republic of Kazakhstan, an employment contract may be concluded with citizens who have reached the age of fifteen, in cases where they receive basic secondary, general secondary education in the organization of secondary education; students who have reached the age of fourteen, to perform work in their spare time that does not cause harm to health and does not violate the learning process; with persons under the age of fourteen, in cinema organizations, theaters, theater and concert organizations, circuses to participate in the creation and (or) performance of works without prejudice to health and moral development.
It is prohibited to use the labor of minors at night, in heavy work, in work with harmful and dangerous working conditions that can cause damage to their health and moral development (gambling, working in night entertainment venues, production, transportation and trade of alcoholic products, tobacco products).
The conclusion of an employment contract with citizens who have reached and have not reached the age of fourteen is carried out on the condition that the work will be performed in their free time, will not harm their health and moral development and will not disrupt the learning process.
These provisions comply with the requirements of the International Labour Organization Convention No. 182 "On the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour", ratified by the Law of the Republic of Kazakhstan on December 26, 2002.
A mandatory condition is that when entering into an employment contract with persons under the age of sixteen, the employment contract must be signed by one of their parents, guardian, trustee or adoptive parent, who are their legal representatives.
The legal representatives of the child include parents( parent), adoptive parents( adoptive parents), a guardian or trustee, a foster carer and other persons replacing them who, in accordance with the legislation of the Republic of Kazakhstan, care, education, upbringing, protection of the rights and interests of the child.
The employment contract concluded with minor employees provides for a reduced working time. For employees aged from fourteen to sixteen years, the duration of working time is not more than 24 hours per week, and for employees aged from sixteen to eighteen years, the duration of working time is not more than 36 hours per week, while the involvement of employees under the age of eighteen years to work with the use of cumulative accounting of working time (overtime) is not allowed.
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 occupation and profession. Children from the age of fourteen have the right, with the permission of their parents, to participate in socially useful work in their spare time, available to them for health and development reasons, which does not harm the physical, moral and mental state of the child, and also have the right to receive a profession.
This right is guaranteed by the employment service and local government bodies. It is prohibited to accept or engage a child to perform any work that may pose a danger to his health or serve as an obstacle to his education, or harm his health and physical, mental, spiritual, moral and social development.
On the fact of violation of the labor rights of minors, as well as for clarification, you can contact the Department of the State Labor Inspectorate of the Atyrau region at the address: Atyrau, Pushkin Street 163, tel: 51-99-02, by vatsap 87719927263, e-mail: atyrau_enbek@mail.ru.
Imangaliev K. K. - Head of the Department of Labor Relations Control, State Labor Inspector.