RECEPTION ON JOB and the conclusion of the LABOR CONTRACT
RECEPTION ON JOB is one of the main events in human life.
The employer has the right to freedom of choice when applying for a job.
At the interview, the employee must find out whether the employer is going to formalize the employment contract.
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LABOR CONTRACT - the guarantee of labor rights protection.
• To regulate the employment relationship between the employer and the employee, an employment contract must be concluded.
• Under an employment contract, the employee undertakes to personally perform work (labor function), comply with the labor regulations, and the employer undertakes to provide the employee with work based on the labor function, to ensure the working conditions stipulated by this Code, the laws of the Republic of Kazakhstan, and other regulatory legal acts of the Republic of Kazakhstan. a contract, acts of the employer, in a timely manner and in full to pay the employee wages.
• An employment contract may be entered into.:
1) for an indefinite period;
2) for a fixed term of at least one year;
3) for the period of a certain work; performance;
4) at the time of replacement of a temporarily absent employee;
5) at the time of the seasonal work.
• The number of renewals of a labor contract concluded for a fixed term of at least one year may not exceed two times.
• The conclusion of an employment contract is allowed with citizens who have reached the age of 16.
• An employment contract is concluded in at least 2 copies, one of which is kept by the employee and the employer;
• Notification of a change in the terms of an employment contract is submitted by one of the parties to the employment contract and reviewed by the other party within five business days from the date of its submission.
• Recruitment is issued by the act of the employer, issued on the basis of an employment contract.
• It is not allowed to conclude an employment contract with citizens who have not attained the age of 18 for hard work, work with harmful and dangerous working conditions.
• In order to verify that the qualifications of an employee correspond to the assigned work, a probationary period not exceeding 3 months may be established in the employment contract.
• The employer does not have the right to require the employee to perform work that is not stipulated in the employment contract, with the exception of cases stipulated by the Labor Code of the Republic of Kazakhstan.
• When working conditions change, appropriate additions and changes are made to labor and collective agreements.
• The terms of the employment contract cannot be changed unilaterally.
WORKER before signing the employment contract carefully read and pay attention to its basic conditions.
On the condition of labor in the workplace, on the term of the employment contract, on the rights and obligations, responsibility and on the date of the conclusion of the employment contract.
In addition, the following should be reliably stated in the employment contract, in terms of:
TERMINATION OF LABOR CONTRACT and PAYMENT OF COMPENSATION
Currently, there are 3 main reasons for termination of an employment contract:
- Termination of employment contract upon expiration
- Termination of employment contract at the initiative of the employer
- Termination of an employment contract initiated by an employee
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Grounds for termination of the employment contract
Consider in detail each of the cases:
In this case, the expiration date of the employment contract is the day specified in the employment contract.
If the employee is on labor leave as of the date of expiry of the employment contract, the expiration date is the last day of the labor vacation;
If none of the parties has expressed a desire to terminate the employment contract, the contract is automatically considered extended for the previously concluded period.
An employee has the right to terminate an employment contract on his own initiative, but no less than one month later, he must give a written notice (statement) to the employer.
In this case, by agreement between the employee and the employer, the employment contract may be terminated before the expiration of the specified date.
Grounds for termination of the employment contract
• The reason for termination of the employment contract may be negative results of work during the probation period. In case of a negative result of the employee’s work during the probationary period, the employer has the right to terminate the employment contract with him, notifying him in writing, indicating the reasons giving rise to the termination of the employment contract.
• The absence of an employee at work without a valid reason for three or more hours in a row in one working day or a work shift is also a reason for the termination of the employment contract. In this case, the employer must clarify the reason, and the employee must give a written explanatory letter about the reason for his absence. The absence of an employee must be recorded in a special act.
• The employment contract may also be terminated if the employee is at work in a state of alcoholic or narcotic intoxication, or when the employee uses such substances during the working day. Termination of an employment contract, for this reason, must be confirmed by a medical certificate.
• The reason for termination of the employment contract may also be the fact that the employee repeatedly failed to fulfill his job duties without good reason if he already had a disciplinary action.
• As well as the reason for termination of the employment contract may be if the employee continues to take part in the strike after he has been informed that the strike has been declared illegal by a court decision.
If the court declares the strike illegal, the employer may bring to disciplinary action workers who participated in organizing or holding the strike.
PAYMENT OF COMPENSATION
The employer makes compensation payments in connection with the loss of work:
in the amount of the average wage per month in the following cases:
- upon termination of the employment contract at the initiative of the employer in the event of the liquidation of the employer;
- upon termination of the employment contract at the initiative of the employer in the event of a reduction in the number;
- upon termination of the employment contract on the initiative of the employee in the event that the employer fails to comply with the terms of the employment contract;
in the amount of the average wage for two months upon termination of the employment contract initiated by the employer in the event of a decrease in the volume of production, work performed and services rendered, which resulted in worsening of the economic condition of the employer.
«Flexibility in setting costs» and «Wages and productivity»
The Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Code) gives organizations the right to independently (by agreement of the parties) determine the number of wages of workers.
In accordance with Article 107 of the Code, the wage of an employee is established by the employment contract in accordance with the wage systems in force at the employer.
And the system of remuneration of employees in commercial organizations is determined by the conditions of labor, collective agreements and (or) acts of the employer.
The Code stipulates minimum guarantees of rights and freedoms in the workplace, which are not subject to decline. Parties to labor and collective agreements may change this minimum in the direction of improvement.
Employee remuneration systems are developed taking into account the specifics and activities of the organization, its structural subdivisions, the specifics of labor and production processes and should contribute to enhancing the interest of both a particular employee and employees in the final results of the organization’s activities, including profit Production Plan of work and to respond flexibly to their change.
Also, when determining the size of official salaries of employees, it is necessary to take into account the employee's qualifications, work experience, complexity of the work performed, the number of assigned duties taking into account the structure of the organization, and also to which category the position belongs: to the category of managers, specialists or other employees (technical performers).
In addition to the wage rate (salary), in order to differentiate the efforts of workers and assess the quality of their work, increase material interest, and labor productivity, workers are paid bonuses and allowances for working conditions.
Article 105 of the Code obliges all employers to remunerate employees engaged in heavy work, work with harmful (especially harmful), hazardous working conditions, to produce at an increased amount compared with the remuneration of workers engaged in work with normal working conditions salaries (rates) or surcharges.
At the same time, these wage conditions apply to workers whose work in difficult, harmful (especially harmful), dangerous conditions are confirmed by the results of certification of workplaces.
Article 107 of the Code stipulates that in order to increase employee interest in increasing production efficiency and quality of work, the employer may introduce reward systems and other forms of labor incentives, defined by the terms of the collective agreement and (or) employer acts.
This law provides employers with the right to stimulate the work of their employees through the establishment of various types of bonuses based on the profits from their activities.
Questions of wage increases, frequency, order, etc. governed by the terms of the collective, labor contracts and (or) acts of the employer.
CONCLUSION OF COLLECTIVE CONTRACTS
A collective agreement is a guarantee of stability and success of the enterprise.
CONTAINS mutual obligations of employees and employer.
ALLOWS coordinating the interests of the employer and the team of workers, to prevent labor disputes and conflicts. A legal act in the form of a written agreement between a group of employees represented by their authorized representatives and an employer, regulating social and labor relations in an organization.
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The procedure for collective bargaining:
The initiator of project preparation and the conclusion of a collective agreement can be any of the parties.
The parties of the collective agreement are the employer and employees represented by their representatives authorized in the prescribed manner.
Participants in collective bargaining may be exempted from their work duties for the time they are held while retaining salary.
A party that receives a notice from the other party with a proposal to start negotiations on concluding a collective agreement is obliged to consider it within 10 days time and enter into negotiations.
The parties for collective bargaining and preparation of a draft collective agreement create a commission on a parity basis.
A draft collective agreement prepared by the commission is subject to mandatory discussion by employees of the organization.
Upon reaching an agreement, the parties to the collective agreement shall be drawn up in at least two copies and signed by the representatives of the parties.
The collective agreement should not worsen the situation of workers in comparison with the labor legislation of the Republic of Kazakhstan, general, sectoral, regional agreements. Such provisions shall be deemed invalid and shall not apply.
The terms of the collective agreement cannot be changed unilaterally.
The collective agreement applies to the employer and the employees of the organization on whose behalf the collective agreement was concluded, and the employees who joined it.
For non-fulfillment of obligations, the parties shall be liable in accordance with the laws of the Republic of Kazakhstan.
The content and structure of the collective agreement
- on rationing, wage systems, wage rates, and salaries, allowances and supplements to employees, including those engaged in heavy work, work with harmful and (or) dangerous working conditions;
- on the establishment of inter-digit coefficients;
- about the duration of working time and rest time, work leave;
- on creating healthy and safe working and living conditions, on the amount of funding for safety and labor protection measures, on improving health protection;
- on the creation of conditions for the activities of a trade union;
- on the procedure for making amendments and additions to the collective agreement;
- on the control and responsibility of the parties for the implementation of the collective agreement;
- about the acts of the employer, requiring consideration of the views of representatives of employees;
- on the procedure for admission to hard work, work with harmful and (or) dangerous working conditions of persons who have reached retirement age.
- on improving the organization of labor and increasing production efficiency;
- on the procedure for indexing wages;
- on employment, training, advanced training, retraining and employment of the released workers;
- about guarantees and benefits for employees undergoing training, retraining, advanced training, as well as employees combining work with training;
- on improving the living and living conditions of workers;
- about health improvement, sanatorium treatment and recreation of employees;
- on guarantees to employees elected to the bodies of the trade union, as well as elected representatives and conditions for the implementation of their activities;
- on the procedure for taking into account the motivated opinion of a body of a trade union upon termination of an employment contract with employees who are members of a trade union;
- on compensation payment in case of termination of the employment contract at the initiative of the employer when the employee reaches retirement age and others.
RIGHTS AND OBLIGATIONS OF EMPLOYEES AND EMPLOYERS
Everyone has the right to freely choose work or freely accept work without any discrimination and coercion to it, the right to dispose of their abilities to work, to choose a profession and occupation.
No one may be subjected to any kind of discrimination in the exercise of labor rights, depending on gender, age, physical disabilities, race, nationality, language, property, social and official status.
Discrimination does not constitute discrimination, exclusion, preferences, and restrictions, which are determined by the requirements of this type of labor or by the special care of the state for persons in need of social protection.
Persons who consider that they have been subjected to discrimination in the sphere of labor are entitled to go to court or other instances in the manner established by the laws of the Republic of Kazakhstan.
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Basic rights and obligations of an employee
The employee has other rights and performs other duties provided by law.
Fundamental rights and obligations of the employer
comply with the requirements of labor laws, agreements, collective, labor contracts, acts issued by them;
to pay the employee in a timely manner and in full the wages and other payments provided for by regulatory legal acts, labor contracts, collective agreements, acts of the employer;
to acquaint the employee with the rules of labor regulations, other acts of the employer that are directly related to the work of the employee, and the collective agreement;
consider the proposals of the representatives of the employees and provide the representatives of the employees with complete and reliable information necessary for conducting collective bargaining, concluding collective agreements, as well as monitoring their implementation;
conduct collective bargaining, enter into collective bargaining agreements;
provide workers with working conditions, as well as provide workers with equipment, tools, technical documentation and other means necessary for the performance of their job duties, at their own expense.
The employer has other rights and performs other duties stipulated by the labor legislation.