Electronic labor contracts

Nowadays the Ministry of Labor and Social Protection of the Republic of Kazakhstan performs work on introduction of electronic labor contracts. Purpose is legal response and simplification of conclusion of the labor contract electronically. Innovation will gain transparency to the job relationships. It allows withdrawing from paper labor contracts and submission of paper records, concluding labor contracts. The Ministry prepared amendments to the legislation with the purpose of legal status of electronic labor contracts and obligations of the employer on provision of information on labor relations regulation. Since the second half-year of 2019, introduction of accounting system of electronic labor contracts throughout the republic is planned.
Nowadays, within the framework of pilot registration of labor contracts in E-hr is voluntary. Service on registration of labor contracts for the companies without informational systems of personnel records has been launched at the portal Enbek.kz since November 1, 2018. Launch of similar service at the portal Egov.kz is planned in 2019.
Single archive of labor contracts automated information data system “Single Accounting System of labor contracts” was created on the basis of the Ministry. And also integration service for registration of labor contracts, additional agreements to labor contracts and their termination. Personal file of the employer is formed by the request of personal data from information systems of public bodies. Function on receipt of consent of the employee for processing of personal data is developed.
Single Accounting System of labor contracts is system, which allows refusing from paper work record books and submission of paper documents in case of labor contracts conclusion, i.e. diplomas and various certificates for employment will be in single base. The candidate shall not submit these certificates in case of employment. Transparency of employment will be provided and also possibility of speculation with labor contracts will be excluded. Labor contracts will be concluded online.
In the modern world such method of business relations execution between the employer and the candidate is very urgent as many cooperate remotely. In the near future only identity card will be required for employment; other documents will be stored in the base.
Operating principle of the system:
A candidate comes to get a job, provides an identity card;
Using IIN of the candidate, the employer sends a request to the automated information data system “Single Accounting System of labor contracts” for execution of personal file of the employee. Packet of data on the employee is formed by means of integration with information systems of public bodies and sent to the employer. In case of absence or expired documents (for example, old medical examination), potential employee shall be notified about this;
Using obtained personal file of the employee, the employer makes a decision on employment of new employee. Then the employer and the employee sign electronic labor contract using EDS or in hard copy;
The employer registers labor contract in automated information data system “Single Accounting System of labor contracts”.
All data of hard copy will be indicated in electronic agreement, namely,
details of the parties, working conditions, resting time rules, amount of salary, rights and obligations of the employer and employee.
Also, the employer will be obliged to register amendments in the agreements, and also information on termination of the agreement.
Advantages for the employees:
Simplification of employment process: it is not necessary to collect documents (saving on collection of address certificate, medical certificate, graduation certificate, diploma, passport data, CV, working experience, criminal record certificate);
protection against social risks: fact of agreement, contributions and fees to funds;
fixing of obligations of the employer owed to the employee;
Advantages for the employers:
Depreciation of labor contracts execution. It is not necessary to maintain human resources documentation in hard copy;
Qualitative selection of employees through access to service of personal file of the employee formation; elimination of risks of document forgery, as information is obtained through electronic government, i.e. the system excludes forgery;
In the result of introduction of this system, the state could monitor and control labor relations of citizens with the employers. Predict staff overflows and take measures on their employment.
Moreover, conclusion of electronic labor contracts will provide opportunity to determine obligations of the employer and protect the employee against social threats due to monitoring of incoming pension contributions, social due fees and transfers.
Staff records management, including employment and redeployment of staff, is optimized for the employer. Due to access to electronic personal file of the applicant; it can obtain authentic data on identity card, education certificate, professional experience, employment period and qualification of the employee. Consequently, selection of employees will be more qualitative.