The Department of the state labor inspection of Atyrau region organized an award ceremony dedicated to the 30th anniversary of independence of the Republic of Kazakhstan.
Head of the Department Aubakirov Igilik Aidarovich congratulated the participants and the staff on the 30th anniversary of Independence, wished them success and success in their work on the path of sustainable development and maturity of the country, on his own behalf to the staff of the territorial association of trade unions "center of Trade Unions of Atyrau region", the staff of the Atyrau regional ambulance station, a technical employee of the "SSER" team for 15 years Altynalieva Zhumegiz Koshchikovna, an oil and gas production operator of the "Dossormunaygas" Department for 37 years Kushekbayev onbergen Duysenbayevich was presented with a "letter of thanks" and gifts.
Also, labor inspectors, who have made a significant contribution to the development of the country and show their work at a high level, were awarded with a "letter of thanks" from the Department and the first deputy akim of Atyrau region.
Today Aubakirov Igilik Aidarovich, Head of the State Labor Inspection of Atyrau region,
held a seminar with the participation of representatives of oil service companies in the
region to implement the "Action Plan to address problems in oil companies in the country"
approved by Deputy Prime Minister E. Tugzhanov. The plan provides for a survey of the causes
of labor disputes, their prevention on labor relations between employers and employees of oil
service enterprises, including the assessment of employee satisfaction with working conditions.
Technical training was conducted by employees of the State Revenue Department in Atyrau on compliance with the requirements of Paragraph 3 of Article 61 and subparagraph 6 of Paragraph 2 of Article 23 of the Labor Code of the Republic of Kazakhstan. On the agenda, the head of the Department for personnel work and organizational work E. Kagazalieva presented a proposal to eliminate the violation No. 117/28 of 04.11.2021 of the Department of the agency of the Republic of Kazakhstan for Civil Service affairs in Atyrau region. Speaking first of all, state Labor Inspector of Atyrau region Gubaidullin Madi Mukhtarovich focused on the requirements established by paragraph 3 of Article 61 of the Labor Code of the Republic of Kazakhstan and subparagraph 6 of Paragraph 2 of Article 23: "a copy of the act of termination of the employer's employment contract is handed over to the employee within 3 (three) working days from the date of issue of the employer's Act or sent to him by letter with notification. The employer is also obliged to familiarize the employee with the rules of labor regulations, other acts directly related to the work of the Employee (Labor function) and the collective agreement."
Therefore, in order to eliminate and prevent the shortcomings specified in the proposal in the future, it is necessary to take strict control over compliance with the requirements of labor legislation.
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
1. who should apply for a permit?
An employer who plans to attract foreign labor applies for a permit. Employees do not independently apply for such a permit.
If an employer-a foreign legal entity carrying out its activities in Kazakhstan without establishing a branch or representative office sends its employees to the Republic of Kazakhstan under a contract for the performance of works, the provision of services, the registration of documents in connection with their obtaining a permit is carried out by a legal entity (including a foreign legal entity operating in the Republic of Kazakhstan through a branch or representative office) in favor of which the work is performed (paragraph 14 of the rules for issuing permits).
2. who issues a permit to attract foreign labor?
The decision to issue a permit or refuse to issue a permit is made by the local executive body within seven working days from the date of acceptance of the employer's documents.
The decision is made by the local executive body on the basis of recommendations of the commission established by the local executive body.
The relationship between local and foreign employees.
Permits are issued by the local executive body within the quota allocated by the authorized body for employment issues.
3. existing on the territory of the relevant administrative-territorial unit,
the number of previously issued permits should not exceed the number of quotas allocated by the authorized body for employment of the population for attracting foreign labor for the corresponding calendar year.
Local executive body::
1) not less than 70% of the list number of employees belonging to the first and second categories of citizens of the Republic of Kazakhstan;;
2) issuing and (or) extending a permit in compliance with the conditions for the number of citizens of the Republic of Kazakhstan to be at least 90% of the list number of employees belonging to the third and fourth categories.
When calculating local content in personnel, citizens of the states parties to the Treaty on the Eurasian Economic Union ratified by the law of the Republic of Kazakhstan dated October 14, 2014 are not counted among foreign workers.
4. categories of employees when obtaining a permit
In order to determine the procedure and conditions for issuing and / or extending a permit, the following categories of employees are established::
1) the first category – the first managers and their deputies;
2) the second category – heads of structural divisions that meet the qualification requirements established by professional standards, the qualification directory of positions of managers, specialists and other employees, standard qualification characteristics of positions of heads, specialists and other employees of organizations;
3) the third category – specialists who meet the qualification requirements established by professional standards, the qualification directory of positions of managers, specialists and other employees, standard qualification characteristics of positions of managers, specialists and other employees of organizations;
4) the fourth category – skilled workers who meet the qualification requirements established by professional standards, the unified tariff and qualification directory of Works and working professions, and the tariff and qualification characteristics of working professions.
5. validity period of the permit for attracting foreign labor
Permission to attract foreign labor:
1) for the first category-for one, two or three years with the right to extend the permit period for one, two or three years on the basis of the employer's application;
2) for the second and third categories – for a period of twelve months, but not more than three times with an extension of twelve months;
3) for the fourth category – for twelve months without the right of extension;
4) for seasonal foreign employees – for a period of up to twelve months without the right of extension.
It is not allowed to attract foreign labor in the following cases.
1) exceeding the amount of the allocated quota;
2) the employer has not complied with the conditions established by item 16 of these rules;
3) non-fulfillment of obligations to replace foreign labor under the fourth category;
4) attracting foreign labor in cases where the employer has established the fact of attracting foreign employees without a permit, as well as attracting a foreign employee to a profession or specialty that does not correspond to the profession or specialty specified in the permit. In this case, new permits are not issued for twelve months from the date of establishing such a fact;
5) the level of Education (Professional Training) and practical work experience (work experience) of the foreign labor force in accordance with professional standards, the unified tariff and qualification directory of Works and working professions and the qualification directory of positions of managers, specialists and other employees, the standard qualification characteristics of positions of heads, specialists and other employees of organizations., in case of non-compliance with the qualification requirements for the positions of specialists and employees, it is not allowed or extended to attract foreign labor.
A permit issued by a local executive body may not be issued to other employers, it is valid only on the territory of the relevant administrative-territorial unit.
At the same time, the employer is allowed to send foreign employees with a permit to enterprises and organizations located on the territory of other administrative-territorial units for a period of no more than ninety calendar days in total during one calendar year.
6. the permit to attract foreign labor is terminated in the following cases: :
1) the term for which it was issued has expired;
2) revocation of the permit;
3) termination of the activity of the individual employer, liquidation of the legal entity employer;
4) voluntary return of the permit by the employer to the local executive body;
5) did not enter copies of documents confirming payment of the fee for issuing and extending the permit;
6) reissue of the permit to another foreign employee.
7. liability for violation of the rules for attracting foreign labor
In accordance with Parts 1, 2 and 3 of Article 519 of the Code of administrative offences of the Republic of Kazakhstan, attracting foreign labor by an employer without the permission of a local executive body or using the labor of foreigners and (or) stateless persons who do not have certificates of compliance with qualifications for self-employment issued by a local executive body or permits issued by internal affairs bodies to a labor immigrant – individuals – thirty, officials – fifty, small business entities or non-profit organizations – entails a fine in the amount of one hundred, medium – sized businesses-two hundred, large businesses-seven hundred monthly calculation indices.
Attracting a foreign employee by an employer to a position (profession or specialty) that does not correspond to the position (profession or specialty) specified in the permit of the local executive body to attract foreign labor entails a fine for individuals – thirty, officials – fifty, small businesses or non – profit organizations – one hundred, medium – sized businesses-two hundred, large businesses-seven hundred monthly calculation indices.
In accordance with subparagraph 13 of Article 193 of the Labor Code of the Republic of Kazakhstan, when exercising state control over compliance with the labor legislation of the Republic of Kazakhstan, state labor inspectors have the right to conduct inspections: for compliance by employers with the procedure and conditions for attracting foreign labor, established by the legislation of the Republic of Kazakhstan on employment and the legislation of the Republic of Kazakhstan on migration of the population.
As a result of an unscheduled inspection conducted by the Department of state labor inspection of Atyrau region in 2019, it was found that 180 foreign workers held positions that did not correspond to the issued permits in the specialty, and 123 foreign citizens ' Education did not correspond to their positions, and the permits of foreign citizens were revoked. In addition, in 2020, inspections were carried out in 2 companies on compliance with the legality of attracting foreign labor, as a result of which 1 foreign worker held positions that do not correspond to the issued permit, and the permits of foreign citizens were revoked. This year, as a result of preventive control and supervision, it was found that 3 foreign workers held positions that do not correspond to the issued permits, and the permits of foreign citizens were revoked.
State Labor Inspector of Atyrau region Mukhanova G. D.
Today, in the online mode, the Chamber of Entrepreneurs of the Atyrau region "ATAMEKEN" held a meeting with the participation of representatives of the State Labor Inspectorate of the Atyrau region to explain labor legislation. The meeting was attended by about 30 entrepreneurs of Atyrau.
In his speech, the deputy head of the Department of the State Labor Inspectorate of Atyrau region, D. A. Abeuov, explained the following criteria:
- MORATORIUM ON INSPECTIONS OF SMALL BUSINESSES;
- OCCUPATIONAL SAFETY AND HEALTH;
- FEATURES OF CHILD LABOR;
- ELECTRONIC EMPLOYMENT CONTRACTS.
The participants were given answers to all questions and in case of a question on labor legislation, it is recommended to contact the hotline of the labor Inspectorate 87719927263 (vatsap).
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, work 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.
1. question: since the beginning of the year, how many applications have been received (considered) in connection with salary delays?
Since the beginning of the year, the Department has received 592 applications (2020-1412), including 299 applications received due to salary delays. The department has identified persons who committed violations and imposed administrative fines in the amount of 6.7 million tenge in 37 institutions.
2. question: What questions often come to your "Hotline"?
1302 city and 87719927263 mobile WhatsApp hotline of the department has been launched. Frequently asked questions such as late payment or late payment of wages, illegal dismissal or reduction, incorrect calculation of penalties for work on weekends and holidays, untimely or incorrect calculation after termination of an employment contract. Frequent calls from the population are received, in 2020, 125 people were given explanations (2020-400), through 1302-16 (2020-41). Through the Department's FACEBOOK network, 251 citizens are provided with information about Labor Relations.
In addition, monthly articles related to labor legislation are published in the local newspapers "Atyrau" and "Caspian commune".
3. Question: What do you say about Occupational Safety?
The main tasks of the department are Occupational Safety and health
is. The rights of employees who have been injured at work are protected in accordance with the requirements of the legislation of the Republic of Kazakhstan. Each employer enters into a mandatory accident insurance contract with its employees. To date, 19 accidents have been registered, and special investigation reports have been issued and sent to law enforcement agencies for making appropriate procedural decisions.
4. question: previously, watches were made for 28 days. Last time it was 56 days. Is it paid in multiples of the month?
It is true that this question is relevant today. It is widely known that due to the pandemic, many companies have led to job cuts. In this regard, there were reasons why workers were also out of work. It is true that by mutual agreement, an additional employment contract has been concluded between the employer and employees, and the Shift Period has been extended. In addition, changes were made to the salaries of employees. The monthly payment is in the order of multiples.
5. question: is it true that" those who do not receive the vaccine will not be included in the work"?
Vaccination is carried out on a voluntary basis. I believe that the meaning that those who do not receive the vaccine will not join the work is against the law. It is decided by mutual agreement between employees and employers.
6. question: readers repeatedly ask if Atyrau residents who enter the" red " zone will not be paid 42,500 tenge in case of unemployment. What do you think of that?"
Unemployed people and persons who are not in labor relations should go to local employment departments and register for unemployment. Then a special unemployment payment is made. Since this issue is within the competence of these institutions, I can't say exactly how many fees will be issued.
7. question: How is the money paid in case of incapacity for work (due to illness) or excessive hours (superhuman)?
The amount of money paid on a non-working sheet should not exceed 15 MCI. And for overtime hours, in accordance with Article 108 of the Labor Code of the Republic of Kazakhstan, overtime work is paid in the amount not lower than one and a half times on the basis of the daily (hourly) tariff rate of an employee in a labor or collective agreement.
8. question: Can you tell us about the attraction of foreign labor, the differences in their wages and the salaries of local workers?
The problem you are raising is discrimination, which can be called differences in wages or discrimination. In 2020, at the request of the Ministry of Labor and social support of the population of the Republic of Kazakhstan, in accordance with the instructions of the head of state, inspections of companies with foreign labor were carried out. During the audit of 43 companies, 109 facts of discrimination of domestic employees were revealed, as well as 167 foreigners engaged in activities that do not correspond to their profession, and 114 foreigners did not correspond to their education. The department took the necessary measures, 24 orders, 264 administrative cases were initiated, fines were paid in the amount of 96.5 tenge, and 262 letters were sent to the authorized body for non-renewal and recall, 212 foreigners were recalled. In 2021, no protests were registered.
9. question: the country has a common Labor Code. But, despite this, every employer can turn this to their own advantage. In general, since the beginning of the year, how many people have applied to the employer for assistance. How the problem was solved:
Each citizen enters into an employment contract between the employer and the employee.At the same time, wages, working hours, leave, and working conditions are agreed upon by a bilateral agreement. The same agreement will continue to work. There should be no sense of misrepresentation on the part of the employer or turning to his own interests. "I don't know," he said, " but I'm not sure if I'm going to be able to do it."
10. question: What wish do you make to newspaper readers (news, etc.)?
I would like to say to readers, in general, that when starting work, it is necessary to require an employment contract from the employer, in order to protect and preserve their health, it is necessary to observe the requirements of Occupational Safety.
Another main problem is that in the summer, weekends begin for schoolchildren and students of educational institutions. In the same period, many young people want to work. To work, they and their parents need to know some of the requirements of the current legislation. The labor legislation defines the specifics of regulating labor discipline of employees, including those under the age of 18 (paragraph 2 of Article 31 of the Labor Code of the Republic of Kazakhstan). It is forbidden to send minors to night, heavy work, work with harmful and dangerous working conditions that harm their health, and their moral development is possible. Taking into account this situation, it is necessary to sign an employment contract with the parents of the adoptive parent, who are the parents, guardian, trustee or legal representatives. Here, to the attention of parents: when applying for employment of your children, I ask you to go to the workplace and stay in direct contact with employers.
If you have any questions, you can get answers by calling the Department at 1302 and 87719927263.
Head of the Department of state inspection of Atyrau region Aubakirov Igilik Aidarovich.
Atyrau, BAQ.KZ the reporter. We had a conversation with the head of the Department of the state labor inspection of Atyrau region Aubakirov Igilik Aidarovich on the implementation of labor legislation in Atyrau region, protection of workers ' rights.
- Unemployment has increased since the beginning of the pandemic. Due to the small volume of work, many companies have reduced their employees. Individual entrepreneurs also sent their employees on vacation. "I don't know," he said. How many complaints were received?
- It is widely known that the pandemic has led to a reduction in the volume of work of many companies. In this regard, there were reasons why workers were also out of work. However, the facts of illegal reduction of their employees by employers were also revealed. This year, according to the Department of coordination of employment and social programs of Atyrau region, 292 employees have been dismissed.
The Department of Labor Inspection received 22 applications for illegal dismissal. As a result of the audit, only 1 application was found for illegal dismissal, and an order was issued to apply to the judicial body for further reinstatement in civil procedure.
- The legal literacy of most ADARs is low. "I don't know," he said. How does the inspection conduct explanatory work on this Labor Code?
- Explanatory work on the labor code is carried out in accordance with the plan. Over the past year, due to the pandemic, explanatory work on labor legislation has been regularly published in social networks, through the ZOOM mobile network. In addition, according to the plan, articles on labor legislation will be published in the local mass media and several interviews will be broadcast.
In order to improve the explanatory work, the social network of the Department Facebook and emergency contact numbers "1302", 8 771 992 72 63 are launched, and consultations are provided to the population. Most of the questions asked are related to employment contracts, untimely receipt of wages, illegal reduction of work, and untimely provision of Labor leave. A large number of benefits of the hotline save residents ' time and help them get legitimate answers in a timely manner.
- Since the beginning of the year, many employees of companies in Atyrau region have complained about the lack of timely remuneration. Have these issues been resolved?
- Yes, since the beginning of the year, there have been labor disputes in the labor collectives of 16 enterprises. Of these, 7 institutions have formed salary arrears. The data on the planned reduction or dismissal of employees at 5 enterprises, an increase in wages at 3 Institutions and illegal dismissal at 1 institution are indicated. In 6 institutions with salary arrears, inspections were carried out, as a result of which a corresponding order was issued indicating the terms of repayment of actual wages, and an administrative offense was initiated against officials.
- The rights of workers injured at work are trampled. Atyrau is an oil and gas production area. Such accidents happen. How many complaints were considered? What is the solution?
- The rights of workers who have been injured at work are protected in accordance with the requirements of the legislation of the Republic of Kazakhstan. Each employer enters into a mandatory accident insurance contract with its employees. To date, 19 accidents have been registered, and special investigation reports have been issued and sent to law enforcement agencies for making appropriate procedural decisions.
- There is a frequent release of hydrogen sulfide into the air at the Tengiz field. The lives of factory workers are in danger. Can you control the payment of special compensations in this ecological zone?
- Remuneration of employees engaged in heavy work, work with harmful and dangerous working conditions is established by establishing additional fees, the amount of which is determined in the collective agreement or act of the employer, taking into account the coefficients for the degree of harm and danger.
In addition, additional fees and additional days of leave are provided for employees engaged in work in the environmental zone. Employees engaged in heavy work, work with harmful and dangerous working conditions are granted annual paid leave of at least six calendar days in accordance with the list of industries, workshops, professions and positions, the list of heavy work, work with harmful and dangerous working conditions. Also, employees whose work in severe, harmful and dangerous conditions is confirmed by the results of certification of production facilities for working conditions are granted annual paid labor leave.
- There are a lot of foreign workers in Atyrau region. In recent years, there has been a dispute about the fact that an ordinary foreign worker earns more than a local person of the same profession. "I don't know," I said.
- At the request of the Ministry of Labor and social support of the population of the Republic of Kazakhstan, in accordance with the instructions of the head of state, inspections of companies with foreign labor were carried out. In particular, 109 facts of discrimination of domestic employees were revealed during the audit of 43 companies for differences in wages and inequality of labor conditions. Also, 167 foreigners are engaged in activities that do not correspond to their specialty, and 114 foreigners are not qualified for their positions. The department took the necessary measures, 24 orders, 264 administrative cases were initiated, and fines were paid in the amount of 96.5 million tenge. 262 letters were sent to the authorized body on non-renewal and revocation of the term, and 212 foreigners ' permits were revoked. In 2020-2021, no protests were registered.
- How are the rights of foreign workers protected?
- The labor rights of foreigners who have arrived to work in the Republic of Kazakhstan are protected on an equal basis with Kazakhs in accordance with the requirements of the law.
- In every team there was a golden bridge between the employer and the employee-the trade union. However, this is not the case in many institutions, how are the laws of trade union formation implemented?
- A primary trade union organization may be created on the recommendation of at least 3 employees. This is clearly defined in the law of the Republic of Kazakhstan" on the organization of Trade Unions". The Department of labor inspection is responsible for monitoring collective agreements.
-Thank you for the interview!
The right of every employee to a favorable working condition that meets the requirements of safety and hygiene is enshrined in part 2 of Article 24 of the Constitution of the Republic of Kazakhstan.
In this regard, the state, represented by local labor inspection bodies, is responsible for monitoring compliance with the labor legislation of the Republic of Kazakhstan in terms of labor safety and health.
Safety, labor protection, training, advanced training of specialists in labor safety are subject to state regulation.
The requirements for occupational safety and health are mandatory for employers and employees when they carry out their activities on the territory of the Republic of Kazakhstan.
At the same time, the financing of measures for occupational safety and health is carried out at the expense of employers, i.e. employees do not bear the costs for these purposes. The amount of funds is determined by an act of the employer or a collective agreement.
Also, the legislation regulates that the employee has the right to education and professional training necessary for the safe performance of work duties.
According to the current Rules and terms of training, instruction and testing of knowledge on the safety and health of employees, persons employed must undergo training organized by the employer, followed by mandatory testing of knowledge on the safety and health of workers. Employees who have not passed training, instruction and testing of knowledge on safety and labor protection are not allowed to work.
Training and testing of employees ' knowledge in working professions is carried out by attracting highly qualified specialists of the relevant industries at least once a year and is completed by taking exams on occupational safety and health. Persons who have not passed the exams can retake it within a month, and during this period they are not allowed to work.
At the same time, managers and employees responsible for ensuring occupational safety and health are periodically, at the expense of the employer, at least once every three years, required to undergo training and testing of knowledge on occupational safety and health in organizations that provide professional training (training centers).
To date, there are 52 training centers operating in the Atyrau region. The training programs of these centers are approved by the State Labor Inspectorate, and the examinations at the end of the course are taken by a commission chaired by the State Labor Inspector.
Today, remote educational technologies are successfully used in Atyrau training centers, which reduces the loss of working time and financial costs, ensures the availability of personnel from remote regions and production facilities to improve their professional level in the field of labor protection.
Thus, the current labor legislation assigns the responsibility for the safety and health of the work, including the training of the employee, to the employer.
It should be noted that article 93 of the Code of the Republic of Kazakhstan on Administrative Offences provides for administrative liability for violations of labor legislation on the training of employees on safety and labor protection issues.
S. A. Dzhabasov-
Head of the Control Department
for Occupational Safety and Health