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Conclusion of individual labor contract


Conclusion of individual labor contract

Content of individual labor contract

Law of the Republic of Kazakhstan “About labor relations” N 493-1 dated 10th of December, 1999 determines individual labor contract as bilateral agreement between worker and employer concluded in written form. By this agreement worker takes obligations to fulfill work by certain specialty, qualification or office according to employer acts, and employer is obliged to provide the worker with salary and other payments established by legislation or agreement. Working conditions providing is also included into employer obligations.
Content of individual labor agreement:

  • Requisites of Parties:
  • Labor function (work by certain office, specialty, profession);
  • Term of individual labor agreement;
  • Date of functions fulfillment beginning;
  • Characterization of working conditions, guarantees and compensation for hard physical work or harmful (particular harmful) or dangerous working conditions;
  • Working time and rest regime;
  • Terms of labor remuneration and protection;
  • Rights and obligations of employer;
  • Rights and obligations of worker;
  • Order for change, dissolution and prolongation of individual labor agreement;
  • Order for compensation payment and guaranteeing;
  • Responsibility of Parties.

Conclusion of individual labor contract

  • Individual labor contract is concluded in written form, in 2 copies and is signed by Parties. One copy is given to worker after both Parties sign it.
  • The date indicated in individual labor contract is considered to the date of functions fulfillment beginning.
  • In case of absence or wrong formalization of individual labor contract by employer fault the contract considered to be valid since actual functions fulfillment.
  • After individual labor contract conclusion employer  issues  the order of worker acceptance which must be sighed by him.
  • Employer has the right to require documents certifying worker’s activity, his identity card (passport), social individual code certificate, birth certificate (for non-adults) or other documents considered by legislation for individual labor contract conclusion.
  • Worker has the right to conclude half-time individual labor contracts with several employers.
  • Individual labor contract with the Head of organization is concluded by owner of organization or authorized person, body for the term established in constituent documents of organization or Parties` agreement.
  • Individual labor contract is amended and completed in the order established for its conclusion.

Termination of individual labor contract

 

Individual labor contract can be terminated:

  • In case of term lapse;
  • By circumstances which are out of Parties` will.

Individual labor contract is terminated in the following cases, not-depending on Parties` will:

  • Worker’s draft by presenting of documents within 3 days;
  • Court decision of worker’s conviction comes into force;
  • Worker’s death, Court decision declaring worker dead or untraceable;

Court decision declaring worker incapable or partially incapable and prohibiting work continuation.

 

Dissolution of individual labor contract

Individual labor contract can be dissolved:

  • By agreement of Parties based on written consent of worker and employer.
  • By initiative of one of the Parties if the Party  notified the other one in wriiten form in term agreed by individual labor contract.
  • By other grounds considered in legislation acts.

The Party must inform the other a month earlier individual labor contract dissolution.

Restoration on work

In case of illegal dissolution of contract or transference to other work employee has  the right of restoration on former work by the body considering labor argument.

Employee restored on work in connection with illegal dissolution of labor agreement is paid average salary for 6- months absence  period.

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