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Explanation on the issue of using electronic digital signature in the preparation of the application during labour activity

In accordance with article 34 of the Labor Code of the RK (hereinafter - the Code), employment is formalized by an act of the employer issued on the basis of labour contract.

   Thus, the legislation does not provide the provision of a preliminary written application of the employee for issuing of acts of the employer or the conclusion of labour contract.

   However, during labour activity, both the employee and the employer are obliged to notify each other about commission of these or those actions.

   For example, according to paragraph 2 of article 33 of the Code, amendments and additions to the labour contract, including the transfer to another job, carried out by the parties in writing in the form of an additional agreement in the manner prescribed by paragraph 1 of article 33.

   Notification of change of conditions of the labour contract is given by one of the parties of the labour contract and is considered by other party within five working days from the date of its submission. The party receiving notification of change of conditions of the labour contract, including upon transfer to another job, is obliged to notify the other party about the decision in the term established in the present article.   

Similar requirements for notification in the course of labor relations are provided in articles 37 (notification of the results of the test when hiring), 39 (notification of the transfer of an employee to another area together with the employer), 46 (notification of changes in working conditions), 50 (notification of termination of the labour contract by agreement of the parties), 53 (notification of termination of the labour contract on the initiative of the employer), 56 (notification of termination of the labour contract on the initiative of the employee), 59 (notification of termination of the labour contract in connection with the transition of the employee to elective work), 93 (notification of change of the vacation schedule), 97 (notification of leave without pay) and 115 (notification of withholding from wages) of the Code.     

   According to subparagraph 89) of article 1 of the Code, a notification is a written application of an employee or an employer or an application submitted in another way (by means of courier mail, postal communication, facsimile communication, electronic mail and other information and communication technologies).

   Under information and communication technologies refers to a set of methods of work with electronic information resources and methods of information exchange, carried out with the use of hardware and software complex and telecommunications networks.

   Thus, the current labor legislation provides, during labour activity, the direction of the application, both the employee and the employer using an electronic digital signature.

Changed on 18 February, 2019 - 18:27
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