"Child labor – requirements and restrictions of the labor legislation of the Republic of Kazakhstan"
Number of views:53
One of the main principles of the labor legislation of the Republic of Kazakhstan is the prohibition of discrimination in the field of labor, forced labor and the worst forms of child labor.
In order to prevent the illegal use of child labor, the Labor Code of the Republic of Kazakhstan defines the age from which it is allowed to conclude an employment contract. Article 31 of the Labor Code of the Republic of Kazakhstan
Thus, the conclusion of an employment contract is allowed with citizens who have reached the age of 16.
At the same time, provided that an employment contract is signed along with a minor, one of his legal representatives, an employment contract may be concluded with:
1) citizens who have reached the age of 15, in cases where they receive basic secondary, general secondary education in the organization of secondary education;
2) students who have reached the age of 14 to perform work in their free time that does not harm their health and does not disrupt the learning process;
3) with persons under the age of 14 in cinematography organizations, theaters, theater and concert organizations, circuses to participate in the creation and (or) performance of works without prejudice to health and moral development. to perform work in their free time that does not harm their health and does not disrupt the learning process;
The labor legislation of the Republic of Kazakhstan provides for prohibitions and restrictions on the conclusion of an employment contract and employment for persons under 18 years of age for the following types of work:
- with citizens under the age of eighteen, for hard work, work with harmful and (or) dangerous working conditions, as well as for positions and jobs that provide for full financial responsibility of the employee for failure to ensure the safety of property and other valuables of the employer, as well as for work that may harm their health and moral development (gambling, work in night entertainment establishments, production, transportation and trade of alcoholic beverages, tobacco products, narcotic drugs, psychotropic substances and precursors).
- prohibition of working at night (from 22.00 to 6.00 hours).
- prohibition of overtime work
- prohibition of work with cumulative accounting of working hours,
- prohibition of shift work.
- a ban on part-time work.
According to the Labor Code of the Republic of Kazakhstan, it is not allowed to withdraw an employee who has not reached the age of eighteen from paid annual leave
Sending employees who have not reached the age of eighteen on a business trip is allowed, unless such work is prohibited to them for medical reasons. At the same time, employees who have not reached the age of eighteen have the right to refuse to be sent on a business trip.
The employer or the receiving party is obliged to prevent employees under the age of eighteen from carrying and moving heavy loads exceeding the limits set for them.
The receiving party is a natural or legal person, an individual entrepreneur, including a peasant or farm, who attracts employees of the sending party to work in accordance with the contract for the provision of personnel services.
The list of jobs where the use of labor by employees under the age of eighteen is prohibited, the maximum standards for carrying and moving heavy loads by employees under the age of eighteen are approved by the Authorized State Labor Body.
The labor legislation of the Republic of Kazakhstan establishes requirements for reduced working hours for persons aged 14 to 18 years:
- for employees aged 16 to 18 years – no more than 36 hours per week.
- for employees aged 14 to 16 years – no more than 24 hours a week.
For violation of the labor legislation of the Republic of Kazakhstan, including the use of child labor, employers are subject to administrative liability in accordance with the Code of the Republic of Kazakhstan "On Administrative Offenses", namely, for admission to work of a person without an employment contract, for violation of wage requirements, for illegal excess of working hours, for allowing discrimination in the field of work, for violating the rules of occupational safety and health.
We remind dear Parents and Employers of the region that the State Policy of the Republic of Kazakhstan ensures respect for the rights and legitimate interests of children and does not discriminate against them. To this end, the legal framework for guaranteeing children's rights has been formed, and appropriate bodies and organizations have been established to protect the rights and legitimate interests of minors.
A significant role is played by improving the legal culture of children and their parents.
Children are the future of any state and the main task of the state is to help our children to develop intellectually and spiritually, to find true values, to preserve honor, conscience and dignity.
We urge you not to deprive children of this opportunity, because every child has the right to life, to a happy childhood!