Participants in labour relations. grounds for emergence of labour relations

 

The participants in labour relations are the employee and the employer.

Labour relations arise between the employee and the employer on the basis of the employment contract concluded in accordance with this Code, with the exception of cases established by the laws of the Republic of Kazakhstan.

In cases and the manner established by the laws of the Republic of Kazakhstan, constituent documents and acts of the employer, conclusion of the employment contract may be preceded by the following procedures:

1) election to (selection for) the position;

2) election by competition to replace the corresponding position;

3) appointment to the position or affirmation in the position;

4) referral to work by legally authorised bodies as part of a set quota;

5) issue of a court ruling on conclusion of the employment contract.

Basic rights and obligations of the employee

1. The employee shall have the right to:

1) conclude, amend, supplement and cancel an employment contract in the manner and on the

conditions envisaged by this Code;

2) demand that the employer fulfil the conditions of the employment contract and the collective

bargaining agreement;

3) labour protection and labour safety;

4) receive full and true information about the working conditions and labour safety;

5) timely and full payment of wages in accordance with the conditions of the employment contract and

the collective bargaining agreement;

6) payment for idle time in accordance with this Code;

7) rest, including annual paid vacation;

8) association, including the right to create a trades union or other association, and be a member thereof for the purpose of representation and protection of his labour rights, unless otherwise envisaged by the laws of the Republic of Kazakhstan;

9) etc.

The employee shall:

1) perform his job duties in accordance with the employment contract, collective bargaining agreement, and acts of the employer;

2) observe labour discipline;

3) observe the requirements of labour protection and labour safety, fire safety and production hygiene at the work place;

4) take care of the property of the employer and of employees;

5) inform the employer of any situation jeopardising human life and health, safekeeping of property of the employer and of employees, as well as threatening occurrence of idle time;

6) etc.

Basic rights and obligations of the employer

1. The employer shall have the right to:

1) free choice of hiring;

2) amend, supplement or cancel employment contracts with employees in the manner and on the

grounds established by this Code;

3) issue acts of the employer within the bounds of its authority.

4) create and join associations for the purpose of representation and protection of its rights and

interests;

5) require employees to fulfil the conditions of employment contracts, collective bargaining

agreements, internal labour rules and other acts of the employer;

6) etc.;

2. The employer shall:

1) observe the requirements of the labour legislation of the Republic of Kazakhstan, agreements,

collective bargaining agreements, employment contracts, and acts issued thereby;

2) when hiring, conclude employment contracts with employees in the manner and on the conditions established by Labor Code;

3) exercise internal control over labour protection and labour safety;

4) provide the employee with the work prescribed by the employment contract;

5) pay the employee wages and other payments envisaged by the regulatory and legal acts of the

Republic of Kazakhstan, the employment contract, collective bargaining agreement, and acts of the employer in a timely manner and in full;

6) etc.

 

The employment contract.

 

Under an employment contract, the employee fulfils work (labour function) in accordance with his qualifications for a remuneration and observes the labour regulations, while the employer provides working conditions, pays the employee his wages in a timely manner and in full and makes other payments envisaged by the labour legislation of the Republic of Kazakhstan, the employment contract, the collective bargaining agreement, and agreement between the parties.

Guarantees of equal rights and opportunities on conclusion

of the employment contract

1. It is prohibited to violate equality of rights and opportunities in concluding an employment contract.

2. Pregnancy, the existence of children up to the age of three years, being under age, and disability may not restrict the right to conclude an employment contract, with the exception of cases envisaged by Labor Code. At the demand of the categories of people indicated in the first paragraph of this clause, the employer shall notify the reason for refusal in writing.

3. On establishment of a fact of violation of equality of rights and opportunities in concluding an

employment contract, the employer shall bear the liability established by the laws of the Republic of Kazakhstan.

The distinction between an employment contract and other types of agreement

The features distinguishing an employment contract from other types of agreement consist in inclusion of the following conditions:

1) performance by the employee of work (labour function) according to specific qualifications,

speciality, profession or position;

2) performance of obligations personally in observance of the internal labour regulations;

3) receipt by the employee of a wage for labour.

Content of the employment contract

1. The employment contract shall contain:

1) the details of the parties: full name, including patronymic (if indicated in the identity document) of an individual employer, his permanent residential address, the name, number and date of issue of his identity document, and taxpayer’s registration number; full name of a legal entity employer and its location, the number and date of state registration of the legal entity employer, and taxpayer’s registration number; full name, including patronymic (if indicated in the identity document) of the employee, name, number, and date of identity document; individual identification number, taxpayer registration number, individual social code;

2) the job according to a certain speciality, qualifications or position (labour function);

3) place of job performance;

4) term of the employment contract;

5) job starting date;

6) working time and rest time regime;

7) amount and other conditions of labour compensation;

8) description of the working conditions, guarantees and benefits, if the job involves heave work and (or) is performed under harmful (particularly harmful) and (or) hazardous conditions;

9) rights and obligations of the employee;

10) rights and obligations of the employer;

11) procedure for amending or terminating the employment contract;

12) guarantees and compensation payments, the procedure for their payment;

13) insurance conditions;

14) responsibility of the parties;

15) date of conclusion and contract number.

2. On agreement between the parties to the employment contract, other conditions may be included that do not contravene the legislation of the Republic of Kazakhstan.

3. Provisions of an employment contract that create a worse position for employees than that stipulated by the labor legislation of the Republic of Kazakhstan shall be recognised as null and void.

An employment contract may be concluded:

1) for an indefinite period;

2) for a specific period of not less than one year, apart from cases established by Labor Code.

Procedure for conclusion, amendment and supplementation

of the employment contract

An employment contract shall be concluded in written form in at least two copies and shall be signed by the parties. One copy of the employment contract shall be kept by the employee and one by the employer. Receipt by the employee of a copy of the employment contract shall be confirmed in writing.

Introduction of amendments and supplements to the employment contract, including for transfer to a different job, shall be made by the parties in writing in the manner envisaged by clause 1 of this article. A proposal to amend the terms and conditions of the employment contract shall be submitted by one of the parties to the employment contract in written form and shall be considered by the other party within a period of seven calendar days of its submission.

An employment contract with officials on an organisation’s executive body shall be concluded by the owner of the property of the organisation or by a person or body authorised thereby in the manner established by the constituent documents of the organisation.

The grounds for termination of the employment contract are:

1) cancellation of the employment contract by agreement between the parties;

2) expiry of the term of validity of the employment contract;

3) cancellation of the employment contract on the initiative of the employer;

4) cancellation of the employment contract on the initiative of the employee;

5) circumstances beyond the will of the parties;

6) withdrawal by the employee from the labour relations;

7) transfer of the employee to an elected job (position) or his appointment to a position excluding the possibility of continuation of the labour relations, apart from cases envisaged by the laws of the Republic of Kazakhstan;

8) violation of the terms and conditions for conclusion of the employment contract;

9) grounds envisaged in the employment contract concluded with the head of the employer’s executive body.