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The control of labor legislation is carried out in the following areas:
Production of preventive control and supervision with a visit to the subject (object) of control and supervision;
Production of unscheduled inspections on the basis of appeals from individuals and legal entities;
Investigation of industrial accidents;
Monitoring of collective agreements;
Monitoring of occupational injuries;
Monitoring of certification of production facilities according to working conditions;
Declaration of the employer's activity.
According to Article 27 of the Labor Code of the Republic of Kazakhstan , the distinguishing features of an employment contract from other types of contracts are the presence in it of one of the following conditions:
1) performance by an employee of a job (labor function) according to a certain qualification, specialty, profession or position;
2) fulfillment of obligations in person with submission to the work schedule;
3) the employee's receipt of wages for work.
The basis of labor relations is an employment contract, which is mandatory for the conclusion of labor relations by the subjects. The Labor Code does not allow an employee to start performing work duties without concluding an employment contract.
Civil law relations are based on civil law contracts: a contract for the performance of work (contract), a contract for the provision of paid services, etc.
Under the contract for the provision of paid services, the contractor undertakes to provide services on the customer's instructions (perform certain actions or carry out certain activities), and the customer undertakes to pay for the services.
The employee is paid wages in the amount specified in the employment contract and on the terms established by the employment contract and labor legislation.
A different payment procedure and terms are provided for by civil legislation. The payment procedure under the contract is determined by civil law.
Thus, depending on the conditions of the activity, the relationship can be regulated by both a civil contract (for example, a contract for the provision of paid services) and an employment contract.
Согласно статье 37 Трудового Кодекса Республики Казахстан при отрицательном результате работы работника в период испытательного срока работодатель вправе расторгнуть с ним трудовой договор, представив ему уведомление с указанием причин, послуживших основанием для расторжения трудового договора.
Если срок испытания истек и работодатель не уведомил о расторжении трудового договора, то работник считается прошедшим испытательный срок.
Article 92 of the Code states that paid annual leave to an employee for the first and subsequent years of work is provided by agreement of the parties at any time of the working year. The working year is twelve calendar months calculated from the first day of the employee's work.
The order of granting paid annual labor leave to employees is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of employees, or is established outside the vacation schedule by agreement of the parties.
In the event of a change in the vacation schedule due to work necessity, the employer is obliged to notify the employee about this at least two weeks before the start of the labor leave.