The issue of labor rights of citizens - their protection is under special control.
Taking into account the epidemiological situation in the world as a whole,
it is well known that the labor market also plays a role, especially in the Labor Relations of employees and employers - violations of the working regime, as well as changes in the amount of wages or untimely payment of wages.
However, it is important to know the labor rights of employees, including the need to avoid obstacles to the remuneration system.
Article 113 of the Labor Code of the Republic of Kazakhstan establishes the procedure and terms of payment of wages:
1. wages are established in monetary form in the national currency of the Republic of Kazakhstan and paid no later than the first decade of the following month at least once a month. The date of payment of wages is provided for in labor and collective agreements. When the day of payment of wages falls on weekends or holidays, payment is made on the eve of them.
2.when paying wages, the employer is obliged to inform each employee on a monthly basis in writing or in electronic form of information about the components of the salary due to him for the corresponding period, the amounts and grounds for deductions made, including mandatory pension contributions withheld and transferred, as well as the total amount of money to be paid.
3.if the employer does not pay wages in full and within the time limits established by Labor and collective agreements, the employer is liable in accordance with the laws of the Republic of Kazakhstan. The employer pays the employee a penalty for arrears and a period of delay in payment. The amount of the penalty is calculated on the basis of the base rate of the National Bank of the Republic of Kazakhstan 1.25 times as of the date of fulfillment of obligations to pay wages and is recorded for each expired calendar day, starting from the next day on which payment is to be made and ending with the date of payment.
4.upon termination of the employment contract, payment of amounts due to the employee from the employer is made no later than three working days after its termination.
In case of violation of the terms specified in part one of this paragraph, the employer pays the employee a penalty for the debt and the period for which payment is delayed. The amount of the penalty is calculated on the basis of the base rate of the National Bank of the Republic of Kazakhstan 1.25 times as of the date of fulfillment of obligations to pay the amounts due to the employee and is recorded for each expired calendar day, starting from the next day to which payment is due and ending with the date of payment.
In case of detection of salary violations by an employer, according to Article 87 of the Administrative Code of the Republic of Kazakhstan, the employer is brought to administrative responsibility: an official is fined 30 MCI or 87,510 tenge, small or non - profit entities-60 MCI - 175,020 tenge, medium-sized businesses-100 MCI-291,700 tenge, large businesses-150 MCI-437,550 tenge.
According to official statistics, 179 thousand workers are employed in 13.7 thousand enterprises and institutions operating in the region. At the same time, the Department of the state labor inspection of Atyrau region is doing a lot of work to protect the labor rights of employees.
According to the results of 10 months of the current year, 76 enterprises had 1,384 employees for a total amount of 3 387.5 million. "I don't know," he said.
As a result of the organized work, the labor rights of 1,355 workers were protected, and 372.8 million tenge was allocated from 73 enterprises. wages were collected in tenge.
Currently, from 3 Institutions (Optimal Veld Service " -11 rubles. 2.1 million., "Gruppo RF Kazakhstan" - 30 rub. 3 million., Kazpromstavba-16 slaves. 9.5 million.,), 57 million for 14.7 workers. it should be noted that the work on the recovery of wages in tenge is carried out by interested state bodies and private bailiffs in a compulsory manner, that is, the status of the state Labor Inspector's ruling issued to the employer is equated with the order of the bailiff. This was done in order to strengthen the timely repayment of the salary cap. This measure will allow us to impose additional bans on accounts and property, and impose restrictions on leaving the country in relation to employers who violate wage obligations. In addition, within the framework of the Labor risk map, the authorized bodies conduct weekly monitoring of the risk of release of employees. The existing system of regulating Labor Relations allows us to ensure a balance of interests between employers and employees. There is a Trilateral Commission of the Akim of Atyrau region to take measures to timely issue wages, prevent labor disputes, and prevent industrial accidents. The work of the commission made it possible to ensure the implementation of a comprehensive plan for the prevention and resolution of labor disputes on a regular basis, timely payment of wages, and social stability in the labor sphere. As a result of the adopted measures, the number of labor disputes at Enterprises has decreased. In order to resolve labor disputes, each employer, for its part, is obliged to create a conciliation commission.
Since 2020, an algorithm for determining wage arrears has been developed in a proactive mode based on data from information systems. The head of the government noted that it is necessary to fully translate employment contracts into an electronic format. This will ensure prompt and objective control over compliance with the labor rights of citizens.
To date, 1982 enterprises in the region have switched to the electronic format of employment contracts. At the same time, information and explanatory work on remuneration among employees continues, through the ZOOM network, more than 120 heads of institutions, accountants and employees of personnel are required to pay employees ' wages in a timely manner, but there are still facts of late payment of wages. For example, if we focus on government agencies and some enterprises:
On 12.07.2021, at 08.30, employees of Atyrau heating networks JSC gathered on the territory of the institution about 70 people and expressed their dissatisfaction with compulsory vaccination, and also demanded an increase in wages, taking into account the weekly PCR testing at the expense of the employee.
After explanatory work with employees, Chairman of the board of Directors of JSC O. Karshagenov and First Vice-President A. Temirgaliyev, the situation stabilized.
On 13.07.2021, at 11.00, 33 employees of the Umit branch of Atyrauinzhsiroy-AIS LLP complained about late payment of wages, an increase in wages.
On the basis of the employee's application, on 01.07.2021, the Department conducted a planned inspection of the branch of "Umit" LLP "Atyrauinzhsiroy-AIS", as a result of which 3 administrative protocols were drawn up, a fine was imposed and a corresponding order was issued to the institution. Within the framework of the implementation of the instruction, employees were paid wages in the amount of 2.7 million tenge.
At the same time, it should be noted that from January 1, 2020 to January 1, 2023, the Charter of the president of the Republic of Kazakhstan K. K. Tokayev was issued on the termination of inspections and preventive control and supervision of small businesses, including microenterprises.
However, it was issued in order to improve the conditions for the development of small businesses in the Republic of Kazakhstan, including micro-entrepreneurship, and not to allow employers to violate labor legislation. Therefore, the facts of non-payment of wages are revealed among small and micro-entrepreneurs. Consultations are provided through the social network of the Department, through the helpline "1302", "87719927263" (WhatsApp), which is published in the special section "Q & A".