Labor relations as public relations are regulated by the labor legislation of the Republic of Kazakhstan. Every self-respecting citizen should be able to use his labor rights and understand his duties, as well as know what guarantees he has and what compensations he is entitled to in the event of an employment relationship.
The Constitution of the Republic of Kazakhstan enshrines freedom of work, the right of everyone to freely dispose of their abilities to work, choose their occupation and profession without any discrimination, while prohibiting forced labor.
In the conditions of the labor market, freedom of labor allows every citizen (individual) to exercise the right to work on the basis of an employment contract with a free voluntary choice of profession and related work.
An employment contract is the legal form that provides the employer with the maximum opportunity to freely select the employees he needs, taking into account his own interests and needs. Consequently, the employment contract reflects the freedom of work and the contractual principle of regulating labor relations, allowing the parties to freely and voluntarily choose each other based on their private interests in the labor market. This shows the important social and economic role of the employment contract, but its significance is broader.
When applying for a job, the employer is obliged to conclude an employment contract with the employee in accordance with the established procedure, to require, when applying for a job, the documents necessary for concluding an employment contract, to provide the employee with a job stipulated by the employment contract. Among the duties of the employer related to the terms of the employment contract are: to keep accurate records of working hours, including overtime, in harmful (especially harmful), dangerous working conditions, on heavy work performed by each worker; to pay wages and other payments to the employee in a timely manner and in full, provided for by labor legislation, labor and collective agreements, acts of employers; to provide employees with equipment, tools, technical documentation and other means necessary for the performance of labor duties at their own expense; to provide the employee with annual paid labor leave.
A special group consists of the duties of the employer related to ensuring occupational safety and health. In particular, the employer is obliged to warn the employee about harmful (especially harmful) and dangerous working conditions and the possibility of occupational disease; take measures to prevent risks in the workplace and technological processes; carry out preventive work taking into account industrial and scientific and technological progress; carry out internal control over safety and labor protection; to suspend work if its continuation poses a threat to the life and health of an employee and other persons; to freely allow officials of the authorized state body for labor and territorial divisions of the authorized body for labor, representatives of employees, public labor protection inspectors to conduct inspections of the state of safety, conditions and labor protection in organizations and compliance with legislation on safety and security labor, as well as for the investigation of industrial accidents and occupational diseases; to compensate for the harm caused to the life and health of the employee, in accordance with current legislation.
The Labor Code of the Republic of Kazakhstan defines the basic rights of an employee. The main ones include the right to conclude, amend, supplement and terminate an employment contract, the requirement from the employer to comply with the terms of labor, collective agreements, agreements, acts of the employer; the right to safety and labor protection, to receive complete and reliable information about the state of working conditions and labor protection, timely and full payment of wages in in accordance with the terms of the employment and collective agreements.
At the same time, the employee is obliged to perform labor duties in accordance with agreements, labor, collective agreements, acts of the employer; observe labor discipline, comply with requirements for safety and labor protection, fire safety, industrial safety and industrial sanitation at the workplace; take care of the property of the employer and employees; inform the employer about the situation that has arisen, posing a threat to human life and health, the safety of the employer's and employees' property, as well as the occurrence of downtime.
State Labor Inspector for North Kazakhstan Region
Askarov Arman Kenzhebayuly