Memo for citizens
When changing the working hours of employers in connection with the introduction of restrictive quarantine measures in order to prevent the spread of coronavirus infection, employers must show social responsibility to their employees and ensure strict compliance with labor legislation:
First, by agreement of the parties and if the production process allows during the period of restrictive quarantine measures, the employer has the right to establish remote work.
When working remotely, the procedure for working and recording working hours is determined in accordance with article 138 of the Labor code of the Republic of Kazakhstan.
In this case, the salary must be paid, as in the normal passage of work.
Accounting of working hours should be regulated in the act of the employer.
In other words, the salary must be paid in full.
At the same time, the Labor code of the Republic of Kazakhstan also obliges the employer to create certain conditions for working remotely.
Second, if remote work is not possible and today the requirements of restrictive quarantine measures will lead to a decrease in the volume of work, the employer, in accordance with article 70 of the Labor code of the Republic of Kazakhstan, has the right to introduce part-time working hours.
This means that the employer can order a reduced working week or reduced hours per day.
At the same time, employees ' salaries should and will be paid in accordance with the time worked.
In other words, if the employer has reduced the five-day working week by three days, then the salary should be paid for three days in this week.
If you have reduced the day from eight hours to four hours, then the payment will be made in accordance with the four hours of time worked.
Third, if part-time mode cannot be set, it applies to those plants, which will be forced to stop your job, then there should be guided by article 112 of the Labour code of the Republic of Kazakhstan, and will be treated as downtime.
In accordance with article 112 of the Labor code of the Republic of Kazakhstan, employers are required to pay their employees wages in the amount not lower than the minimum wage established in the country.
Today, the minimum wage is 42.5 thousand tenge.
However, if the employee's employment contract or collective agreement provides that in forced downtime is paid in other amounts, it will be paid exactly in the amount specified in the employment or collective agreement, but it should not be lower than the minimum wage or not lower than 42.5 thousand tenge.
The fourth, most recent measure, of course, in such conditions, the employer can go to the reduction of staff.
In this case, according to article 112 of the Labour code of the Republic of Kazakhstan, the employer must notify the employee of the termination of the employment contract of not less than one month and in accordance with article 131 of the Labour code of the Republic of Kazakhstan to pay compensation in respect of loss of employment, the average monthly wage of the employee.
Also, according to article 28 of the Law of the Republic of Kazakhstan "About population employment" an employer must provide the employment centre in writing or via the state portal "Electronic labour exchange" in full information about the upcoming release of workers not less than one month before the release.
In the case of a reduction, it should also be noted that since the beginning of 2020, changes have been made to the Law on social insurance, that is, if a working person finds himself without a job today, he has the right to receive a social payment for loss of work from the state social insurance Fund within six months, regardless of the reasons for dismissal.
At the same time, the amount of social benefits will be approximately 40% of the salary that he received and lost due to the loss of work.
To do this, just register at the employment center as an unemployed person. This can now be done remotely and after registration in a proactive format without the participation of the employee, a social payment will be assigned, which can be received within 6 months.
What should I do if the employer refuses to apply for "42,500 tenge" for their employees?
An application for a one-time payment from the State social insurance Fund in the event of loss of income due to the introduction of restrictive measures in July this year in the amount of 42,500 tenge for employees who are on leave without pay is submitted by their employer (according to the Order of the Minister of labor and social protection of the Republic of Kazakhstan dated July 16, 2020 No. 283 "on approval of the Rules for implementing a one-time social payment in the event of loss of income due to the introduction of restrictive measures").
If the employer does not comply with the requirements of the Rules for assigning the above payment, the employee has the right to apply to the local labor inspection body.
Thus, the employee must submit an application (in writing) to the Department of labor inspection of the West Kazakhstan region (Uralsk, 188 Nursultan Nazarbayev Avenue), on the basis of which the necessary measures will be taken in accordance with the current legislation.