In order to prevent the COVID-19 coronavirus infection, the authorized body in the field of sanitary safety has made some changes concerning working conditions.
In what cases can the Chief state sanitary doctor of the Republic of Kazakhstan impose restrictions and of what nature?
In the event of a threat of import and (or) spread of infectious and parasitic diseases on the territory of the Republic of Kazakhstan, the Chief state sanitary doctor of the Republic of Kazakhstan in accordance with Article 104 of the Code on the Health system and Healthcare (hereinafter referred to as – Yyyy of the Republic of Kazakhstan) introduces restrictive measures, including quarantine, throughout the territory of the Republic of Kazakhstan at checkpoints across the state border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union, or with special conditions for entrepreneurial and (or) other activities and life of the population.
Restrictive measures, including quarantine, are introduced (canceled) by the resolution of the State Security Committee of the Republic of Kazakhstan or the State Security Committee of the corresponding administrative-territorial unit (on transport), as well as at departmental facilities of other state bodies by the decision of structural divisions of the state body in the field of sanitary and epidemiological welfare of the population.
The resolution of the MGIS is subject to publication (distribution) in the mass media and mandatory execution.
In accordance with paragraph 6-1 of the resolution of the MGIS No. 67, akims of regions, cities of Almaty, Nur-Sultan, Shymkent, central state bodies, law enforcement and special bodies, NCE" Atameken " (as agreed), national companies, legal entities, regardless of ownership forms:
1) restriction of the admission of organizations / facilities specified in the resolution to work during the day for employees who have not received vaccination against Covid-19 (with the exception of persons with permanent medical contraindications and who have been ill with COVID-19 within the last 3 months).
2) mandatory PCR testing for unvaccinated employees of organizations specified in subparagraph 1 of paragraph 6-1 of this resolution (with the exception of persons with permanent medical contraindications and who have been ill with COVID-19 for the last 3 months) (1 time every 7 days).
In this regard, what rights of the employer may arise in relation to the employee in connection with the restrictions imposed?
a) offer an employee who has not received vaccination against COVID-19 to switch to a remote form of work (if possible);
b) suspend without pay if you refuse to work remotely or are unable to perform work in accordance with paragraph 1 of Article 48 of the Labor Code of the Republic of Kazakhstan. In this case, the employer has the right to accept another employee to perform the duties of a temporarily absent employee.
c) if it is impossible to perform work remotely and the employee wants to perform work in full-time mode, the employee must undergo mandatory PCR testing at his own expense (1 time every 7 days). And also,
by agreement of the parties, mandatory PCR testing (1 time every 7 days) can be carried out at the expense of the employer.
Atyrau region State Department of Labor Inspection
Deputy Head Abeuov Duman Aliaskarovich