Frequently asked Questions
The procedure for the provision, transfer, extension, withdrawal, payment and processing of any type of leave should be determined by the employer’s corporate documents, incl. the Regulation “On Personnel”, the Regulation “On Remuneration of Labor and the Bonus System”, as well as the initial documents – orders, orders, settlements, applications, notices, etc., which are provided for by the articles of the TC of the RK, but not specified in the regulatory acts of the Republic of Kazakhstan. In preparing the acts, the norms of Art. 11 ТК РК and to make out them according to the rules stated in the instruction “About office-work”.
Acceptance of the application.
The annual leave is granted on the basis of an employee’s application. Since the Labor Code of the Republic of Kazakhstan does not specify the duty of the employee to file an application, it can be accepted by the employer and attached to the Order for the provision of paid annual leave.
Labor leave is granted in accordance with the Schedule of Labor Leaves or by agreement of the parties.
Leave without pay on the basis of paragraph 1 of Art. 111 of the TC of the RK, as well as in other cases provided by the LC of the RK, is provided on the basis of an application for a period determined by labor legislation or by agreement of the parties.
The duration of the annual basic and additional paid vacations of employees is calculated in calendar days and the maximum limit is not limited. Non-working holidays falling within the period of leave are not included in the calendar holiday days.
Art. 105 p.5 of the LC RK
During the day-to-day work (work shift), the employee must be provided with one break for rest and food duration of at least 30 minutes in accordance with Clause 1 of Article 93 of the Labor Code of the Republic of Kazakhstan.
This break is established not earlier than three hours and no later than four hours after the commencement of daily work (shift work). The exception is the work in the mode of total recording of working time, when the working shift lasts more than 8 hours.
The time for giving a break, its duration are established by the rules of the labor schedule, labor, collective agreements.
Breaks for rest and meals are not included during working hours.
In cases where, for technological reasons, the employee can not suspend work, the employer must provide the employee with the opportunity to rest and eat during working hours in a specially equipped place.
Intrachange and special breaks
In some industries, employees are given inter-shift breaks due to technology and production organization. Such breaks are included during working hours.
Employees who work in the cold season outdoors in closed, heated rooms, as well as working on poguzochno-unloading works are given special breaks for heating and rest, which are included during working hours. The employer, in these cases, is obliged to provide equipment for the premises for heating and recreation of workers.
Working women with children under the age of one and a half years are provided, in addition to the break for rest and meals, additional breaks not less than every three hours of work, for feeding the child:
1) having one child, – each break of at least thirty minutes;
2) having two or more children, – each break for at least one hour.
Weekly employees are given weekends.
Employees are provided with weekends in accordance with Article 96 of the Labor Code of the Republic of Kazakhstan. The number of weekly days off depends on the duration of the working week adopted by the company. With a five-day workweek, employees have two days off, with a six-day week, respectively, one. At the same time, with a five-day and six-day working week, a general day off is Sunday. The second day off for a five-day working week is set by the employer’s act or the shift schedule. Both days off are given in a row, unless otherwise stipulated by collective, labor contracts.
Employees engaged in continuous production or production, whose stopping at the weekend is impossible due to production and technical conditions or due to the need for constant continuous service to the population, weekends are provided on different days of the week alternately to employees (a group of workers) according to the shift schedules approved by the employer’s acts , adopted in consultation with representatives of employees.
Besides regular weekends. workers also have the right to rest on days designated by the Law of the Republic of Kazakhstan No. 267-II of 13.12.2001 “On Holidays in the Republic of Kazakhstan” (hereinafter – Law). The Labor Code (paragraph 4 of Article 96), the Law defines three categories of days for which rest is provided:
National holidays are holidays established in the Republic of Kazakhstan to commemorate events of special historical significance that have had a significant impact on the development of Kazakhstan’s statehood. The celebration of national holidays is accompanied by official events in central and local state bodies.
The National Holiday in the Republic of Kazakhstan is Independence Day on December 16, celebrated on December 16-17.
Public holidays are holidays dedicated to events of social and political importance, as well as traditionally celebrated by citizens of the Republic of Kazakhstan.
Public holidays in the Republic of Kazakhstan are holidays celebrated on the following days:
New Year’s Day – January 1-2;
International Women’s Day – March 8;
Nauryz meiramy – 21 – 23 March;
The Day of Unity of the People of Kazakhstan – May 1;
Defender of the Fatherland Day – May 7;
Victory Day – May 9;
Capital Day – July 6;
Constitution Day of the Republic of Kazakhstan – August 30;
Day of the First President of the Republic of Kazakhstan – December 1.
Days in which national and state holidays are celebrated in the Republic of Kazakhstan are recognized as holidays in accordance with the labor legislation of the Republic of Kazakhstan.
Holidays in the Republic of Kazakhstan are non-working days.
If the weekend and holidays coincide, the day off is the next working day after the holiday.
Weekends are the first day of the Kurban-ait, celebrated according to the Muslim calendar, on January 7, Orthodox Christmas. If these dates coincide with the calendar days off, rest on the next day is not tolerated.
Work on weekends and holidays
Despite the legislative establishment of days off, in real life situations sometimes arise that do not take into account the calendar and require immediate work, despite a holiday or a holiday.
The initiators of work on weekends or holidays can be both employers (clause 1 of Article 97 of the Labor Code of the Republic of Kazakhstan) and employees (clause 3 of Article 97 of the Labor Code of the Republic of Kazakhstan).
Exceptional cases of involvement in work on weekends and holidays without the consent of employees.
Article 98 of the Labor Code of the Republic of Kazakhstan provides for cases in which employees are allowed to work on weekends and holidays without their consent.
Liability is a separate type of legal responsibility. The current labor legislation provides for mutual material responsibility of the parties to the employment contract, which consists in the obligation of one of the parties to an employment contract to reimburse property damage (harm) caused by the other party as a result of labor activity. Situations in which the parties to the employment relationship, the procedure for compensation of direct material damage caused by one of the parties to the employment relationship to the other party, other points relating to liability are governed by Chapter 14 of the Labor Code.
Cases in which the employee is fully liable for the damage caused to the employer:
1) failure to ensure the security of property and other valuables transferred to the employee on the basis of a written agreement on assuming full financial responsibility;
2) failure to ensure the safety of property and other valuables received by the employee for a report on a one-time document;
3) causing damage in the state of alcohol, narcotic or toxicomaniac intoxication (their analogs);
4) shortage, deliberate destruction or deliberate damage to materials, semi-finished products, products (products), including their manufacture, as well as tools, measuring devices, special clothes and other items issued by the employer to the employee for use;
5) the recognition of damage by illegal actions of the employee, confirmed in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Cases in which the employer bears full financial responsibility for the damage caused to the employee:
1) for damage caused by unlawful deprivation of an employee to work in his workplace;
2) for damage to the property of the employee;
3) for harm caused to life and (or) health of the employee.
Under the direct actual damage, the TC of the RK understands the real reduction in the available property of the employer or the worsening of the state of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs, or excessive payments for the acquisition or restoration of property.
In accordance with the norms stipulated in Art. 165 of the Labor Code of the Republic of Kazakhstan, the employee is obliged to compensate for direct actual damage caused to the employer. Nevertheless, in accordance with paragraph 4 of Article 165 of the Labor Code of the Republic of Kazakhstan, it is unacceptable to impose liability on the employee for such damage, which can be classified as a normal production risk. In addition, if the employer does not create the conditions necessary for normal work and ensuring the full safety of the property entrusted to the employee, and there have been losses, thefts, etc., the employer has no right to demand compensation from the employee.
Limits of liability (attention to accounting)
TC RK, taking into account the interests of the employee, defines the limits of liability. In accordance with Art. 166 of the LC of the RK, the employee is liable for the damage caused within the limits of his average monthly salary. The application of this article is subject to the restrictions provided for in Art. 137 of the TC RK. This article determines that the total amount of deductions from the employee’s salary can not exceed fifty percent. What does “within its average monthly salary” mean? This means that when recovering from the employee material damage, the employer can rely only on the average salary of the employee (other employee incomes received outside the employer’s organization are not taken into account). The employer can not say, let’s say: “I know that my employee recently received an inheritance (he won a lottery, received a large sum of money as a gift, earned” on the side “, etc.), so let him pay all the debt to the organization right away ! ». The deduction of compensation for damages to the employer must be carried out only from the salary paid by the employer, taking into account the restrictions, i.e. not more than 50%.
Therefore, to deprive the employee of the entire amount accrued to the employee upon dismissal with a view to recovering material damage, the employer has no right. Nevertheless, the termination of the employment contract does not release the employee from compensation for material damage (harm) caused to the employer.