The Labor Code of the Republic of Kazakhstan clearly states the rights of both the employer and the employee. At the same time, one of the main documents that fully protect their rights is an employment contract. An employment contract is a contract concluded between an employee and an employer. It defines bilateral duties and rights and must be made mandatory and one copy must be in the hands of the employee. You should start working only after signing an employment contract. If an employment contract is not concluded after employment, it is unlikely that any state body or court will confirm and defend the violation of such a person's labor rights. When signing an employment contract, first of all, you need to carefully read the contract. If it is not clear, it is better to seek the help of a lawyer or a person with other legal knowledge and discuss the employment contract. On the basis of the legislation of the Republic of Kazakhstan, there are time periods established for each industry, whether it is shift or night time, all conditions must be set out within the framework of the legislation, starting with an additional fee. Changes to the employment contract must be made only by agreement of the parties, if the norm of the employment contract is contrary to the law, the employee may refuse the employment contract. In most cases, the employment contract does not specify payment, the term of leave, the time of rest is not fully established, and it is not properly provided, so it is advisable to read it carefully. The amount of salary specified in the contract should not be less than the salary agreed verbally with the employee. After all, it will be difficult to recover wages in the event that their backs are to the court. Because the court can only collect the amount officially registered with the accountants of the institution to the employee.
Employee rights
There are legal ways to avoid being deceived by an employer and avoid "slavery". Any citizen of Kazakhstan can change the employment contract at their own discretion. The duties of an employee are set out in Article 22 of the Labor Code of the Republic of Kazakhstan. He is the first freedom. In addition, the employer, as well as the employer, has the right to change, supplement, terminate, terminate an employment contract. Requirements for Occupational Safety and health. These conditions must also be specified in the contract. As for the duties: they must fully perform their labor duties, observe labor discipline, treat the employer's property with care, and if they cause damage, compensate for losses on the basis of the legislation of the Republic of Kazakhstan. This should also be reflected in the employment contract.
If an employee is injured at work
The employer is responsible for paying social benefits if an employee receives an industrial injury or health damage during working hours, at the workplace. In other words, it is called" temporary disability benefits".
In accordance with Article 133 of the Labor Code, the employer is obliged to pay social benefits for temporary disability at its own expense. To do this, the employee must submit a disability certificate to the accounting department, and in case of its loss – a copy. If the requirements in the employment contract are not met, you can apply to the Department of labor inspection. If this issue is considered incorrectly, he can apply to the court. There is also the concept of" collective dispute". Collective labor disputes-disagreements between the employer (employers 'association) and employees' collectives (employees ' representatives) on issues related to the establishment and modification of working conditions and remuneration in organizations, the conclusion and execution of collective agreements and agreements, as well as the application of the provisions of current laws, collective agreements and agreements. That is, the dissatisfaction of the employer with not one employee, but a whole organization, is called collective labor disputes. It is provided for in Article 163 of the Labor Code of the Republic of Kazakhstan. The issue is considered on the basis of a collective labor contract. A conciliation commission is established here, and work is carried out to verify, review, and reconcile the actions of the parties. In addition, according to Article 166 of the Labor Code, there is a concept of "labor arbitration". That is, pre-trial settlement of a collective labor dispute. Under Article 167 of this code, at any stage of consideration of a collective labor dispute, the parties may apply to an intermediary. The procedure for consideration of collective labor disputes with the participation of an intermediary is established by the intermediary in agreement with the disputing parties. In accordance with Article 53 of the Labor Code of the Republic of Kazakhstan, if the employment contract is terminated on the initiative of the employer, he is obliged to notify the employee in writing one month in advance. According to Article 131 of the labor code, it is stated that if an employment contract is terminated by an employer, compensation in the amount of the average monthly salary should be paid depending on the reason for the loss of work. Abbreviations also fall into this category.
It should be noted that Article 26 of this Code provides for prohibitions and restrictions on the conclusion of an employment contract and employment.
The Regional Tripartite Commission for social partnership and regulation of Labor Relations operates under the akimat of Atyrau region, the main focus of which is the creation of decent working conditions.
This is a sign of openness of authorities and employers to dialogue, joint solution of complex issues in the social and labor sphere.
The issue of Occupational Safety and health has been established. Despite the positive dynamics over the past year, accidents also occur. Therefore, together with social partners, each enterprise has developed a system based on the Prevention of professional risks. The Labor Code, which entered into force in 2016, provides for the concept of "Production Council" in relation to occupational safety and health. At each enterprise, on a parity basis, a "production Council" is formed, representatives from the trade union and the enterprise are appointed. This council monitors the implementation of Occupational Safety and health measures at this enterprise. Decisions of the production Council are obliged to be implemented by the employer. Currently, on the recommendation of trade unions, technical inspectors work. In order for the labor inspector to have the opportunity to check on a monthly basis, it is necessary to activate production consultations. That is, to date, more than 95 production councils have been created in the region, of which about 60% are budgetary institutions. At the same time, the coverage of large industrial enterprises by labor contracts is 100%.
Today, all institutions, small, medium and large enterprises of the region fully protect the labor rights of employees due to the continuous work on labor legislation, including awareness-raising and information support of the importance of concluding an employment contract. In case of violation of labor rights, it is necessary to leave a written complaint to the Labor Inspectorate. The application must contain: the applicant's Full Name, Position, Name of the institution, what work he is doing, and what violations of labor legislation have occurred. If the Labor Inspectorate does not take any measures, then it goes to court. And if you do not leave a complaint to the Labor Inspectorate, the court sends the case to the Labor Inspectorate.