Termination of contract of employment

The Labour Law provides that a contract of employment terminates at the expiration of its term or due to the circumstances beyond the will of the parties (Article 25 of the LL) The meaning of “the circumstances beyond the will of the parties” is not exhaustively defined in the Labour Law, but examples provided in Article 30 include obligatory military service, enforcement of a sentence against the employee making the work impossible, in the case of death, and the finding of the court that the employee is incapable, or, of limited ability due to which he is unable to continue the previous work.

The Labour Law provides that a contract is cancelled either upon the written consent of the parties, or at the request of either party in certain cases. An employer may request the cancellation of a contract only in cases stipulated by the Labour Law and provided that the employee is notified in writing, as specified in the contract. In any event, this notification must be given not less than one month prior to the date of cancellation (Article 25 of the LL).

According to Article 26 of the Labour Law, a contract of employment can be dissolved on the employer’s initiative in the following cases:

1)      Liquidation of the establishment (legal person), termination of the activity of the employer (natural person);

2)      Downsizing of employees or staff;

3)      Disclosure during the action of the contract of employment of unfitness of the employee for the occupied post or performed work due to inadequate level of skill or state of health preventing him from continuation of this work;

4)      Failure to report for work for over two months owing to temporary disability, with the exception of maternity leave, and in cases where the laws and regulations provide for a longer period of disability for certain diseases.

5)      Refusal of the employee to be transferred to another locality together with the establishment;

6)      Refusal of the employee to be transferred to a lighter job in compliance with paragraph 2 of Article 23 of the Labour Law;

7)      Refusal of the employee to continue work due to change of labour conditions;

8)      Repeated failure of the employee to perform his/her labour duties without good cause, provided he has a disciplinary penalty;

9)      Single gross violation of his/her labour duties by the employee;

10)    Commitment of unlawful acts by the employee directly engaged in dealing with monetary or commodity values if these acts give grounds for the employer to lose confidence in him/her;

11)    Commitment of an immoral act by the employee performing instructional functions in the sphere of education, this act being incompatible with continuation of the work;

12)    Divulging of the information classified as the State, service, commercial or other law-protected secrets entrusted to the employee under the contract of employment;

13)    Refusal of the employee to work in case of temporary transfer to another job because of the temporary transfer in connection with standstill;

14)    Reinstatement in employment of the employee, who had earlier been performing it, by ruling of the court.

The termination and cancellation of a labour contract is carried out on the basis of a written order, issued by the employer. One-month written notice must be provided in cases where a contract is cancelled on the grounds of liquidation of the establishment or downsizing of employees or staff; no extra notice requirements are specified for a cancellation on the grounds other than stipulated (Article 25 of the LL).

After the dissolution of a contract, the Labour Law specifies mandatory payments to employees to be paid in several cases. In the two cases of liquidation and downsizing of the workforce, the Labour Law specifies the payment of an average monthly salary on cancellation. The Labour Law also provides that the contract may set out other reasons and sizes of compensation (Article 27 of the LL).

Hours of work

According to the Labour Law, the hours of work should not normally exceed 40 hours per week (Article 45 of the LL). The Law also establishes shorter hours of work in several cases:

1)      Hours of work should not exceed 24 hours per week for employees aged between 14 to 16 and not over 36 hours per week for employees aged between 16 to 18;

2)      Hours of work not to exceed 36 hours of work for employees engaged in heavy manual work and work in harmful conditions of labour.

Articles 41-52 of the Labour Law stipulate the provisions concerning overtime work. Except for the cases directly listed in the Labour Law, overtime may only be required with the consent of the employee. The aggregate amount of annual overtime is not limited; however, overtime work should not exceed two hours of work for every employee (one hour for those engaged in heavy manual work and that with harmful and/or dangerous conditions of labour) in one calendar day. For those engaged in work in very harmful and dangerous conditions, overtime work is forbidden. The definitions used in the Labour Law for both “harmful” and “extremely harmful”, and “dangerous” and “extremely dangerous”, work conditions are the same, and thus should be prohibited.

According to Article 51 of the Labour Law, overtime work without consent of the worker is allowed only in the following exceptional cases:

1)      in performance of works necessary for the defence of the country as well as for preventing emergency situations or acts of natural disasters, industrial accidents or immediate control of their consequences;

2)      in performance of works of public necessity pertaining to water, gas and heat supply systems, systems of lighting, sewerage, transport, communication so as to remove any accidental or unexpected circumstances interfering with their proper functioning;

3)      for continuation of the work in case of absence of the relief worker where the work cannot be interrupted, but for the maximum of hours provided for by Article 50 hereof.

Time of rest

The Labour Law requires that an employee must have a break of at least one hour each day or shift (Article 53 of the LL). There must also be at least a 12-hour daily break between ending work one day, and beginning work the next day (Article 55 of the LL). Employees with a five-day week should be given two consecutive days off, one of which is a Sunday, and employees with a six-day week should get one day off, which is generally a Sunday. Work can be required on days off only with the consent of an employee (Article 56 of the LL).

As a rule, work on official holidays is forbidden, except in cases where work cannot be interrupted for production or technical reasons or due to the necessity to provide uninterrupted service to the population (Article 58 of the LL).

The Labour Law indicates that unless it is otherwise stipulated in legislation, contract or collective agreements, or an employer’s deed, employees must have at least 18 calendar days of annual paid vacation. The annual vacation for the first year of employment is to be taken after one year of employment. At the request of an employee, an annual vacation may be split (Article 60 of the LL).

Employees under a contract of employment should be granted paid annual leave with retention of their place of work (position) and average monthly pay. The leave is paid for at the most, three calendar days before commencement.

The paid annual leave granted to the workers should be at least of 18 calendar days duration, unless provided otherwise by other laws and regulations for some categories of the workers, by other legal regulatory instruments, contracts of employment, collective agreements and employer’s instruments. Additional annual paid leave is granted to those workers engaged in heavy manual work or work in harmful and dangerous conditions, as per list of jobs, professions and posts defined by the competent public authority.

The conditions and procedure of granting the annual paid leave are specified in the contract of employment and collective agreement. It is forbidden for annual leave to be withheld for two consecutive years (Article 60 of the LL). 

Micro-credit program “employment Road map 2020”

Program objective: increase employment, promote prosperity, reduce unemployment.

Referral program: encourage entrepreneurial initiative. This direction provides for the promotion of entrepreneurship and increased economic activity through an organization or expansion of own business.

Target group: citizens of the Republic of Kazakhstan from the number of unemployed, partially employed, low-income, self-employment, as well as repatriates and displaced persons and other categories of citizens, priority of participation is determined by the program.

Priority right to participate in the program are:

  • young people under the age of twenty-nine years, including graduates and students of 9th, 11th grades of secondary schools, institutions of technical and professional, postsecondary, higher and postgraduate education for three years after completion of training;
  • orphanages, orphans and children left without parental care, aged from eighteen to twenty-nine years;
  • disabled persons with no contraindications for work for health reasons;
  • women living in rural areas;
  • persons over the age of 50 years before reaching retirement age;
  • pensioners, who retired before the generally established age;
  • a person formerly employed in heavy works, works with harmful (particularly) and (or) hazardous working conditions, and are recipients of state benefits;
  • persons dismissed from the Armed forces of the Republic of Kazakhstan;
  • persons released from places of imprisonment and (or) the compulsory treatment;
  • persons released in connection with the liquidation of the employer – legal entity, termination of activity of the employer physical person or reduction of number or staff of workers.

 

Purpose:

Lending in order to stimulate entrepreneurial initiative in the villages with medium and high development potential, regardless of their administrative subordination, small cities, villages situated on the territory of the city administrative subordination, through the organization or expansion of own business and also organizations on the basis of personal part-time farms small-scale industries in complex with points of preparation and sale of agricultural products.

Priority localities to implement the state support of entrepreneurial initiatives are the main rural settlements.

Microloans of up to 500,000 (five hundred thousand) tenge are provided for the organization of own business.

Priority directions of micro-credits up to 500 000 (five hundred thousand) tenge are purchasing poultry, small ruminants, development of the national, providing fast services.

 

In order to implement the state program “Employment-2020” there was a job fair in the academic building № 5. It was attended by graduate students of specialties “Water resources and water use,” “Land improvement, restoration and protection of land”.

Students were offered jobs of hydraulic engineering, traffic controller, operator of such enterprises as “Kazsushar”, ‘ Shiely District Office of the Kyzylorda branch “Kazsushar”, group conduit Aral-Sarbulak, production water main group Kasaly.
It should be noted that 45% of graduate students who have expressed a desire to work for the program are provided with job.

Realization of population employment 2020 program

Program «Road-map of employment 2020» is realized on 3 directions. Each citizen of the country may take part in one of the directions: to pass learning course, find a job by specialty, open or expend own business. In this article you will find explanations on all program directions, find out where should you apply for taking part and which list of documents must you collect.

About the program

Main tasks of the Road- map of employment program 2020 are:

  • providing of economic branch with skilled personnel;
  • foundation of work places (regular, temporary);
  • reduction of global crisis in RK and providing with economic growth;
  • development of entrepreneur activity;
  • reduction of professional and territory mobility of labor resources be means of interior and intraregional migration planning;
  • foundation of conditions for adaptation and existing of mobile part of employed youth;
  • reduction of productive employment of independently employed population, formalizing of their status;
  • strengthening of measures targeting of social support, reduction of dependency and stimulating of labor activity.

Program realization will be carried out by the following directions:

  • providing of employment through the development of infrastructure and housing and communal sector;
  • supporting of private entrepreneur activity;
  • learning and assistance in employment, migration within employer demands.

Who can take a part in the program?
Participants of this program can be all citizens of the RK: repatriates, disabled people who have working ability, alumnus of secondary schools, colleges and universities within 1 year after graduation.

The priority category of participants is:

  • the youth under 29 years old;
  • foster children of children’s homes, orphans and children deprived of parental care, who are from 18 to 29 years old;
  • women living in rural areas;
  • persons older than 50 years before reaching retirement age;
  • pensioners, who retired before established age;
  • persons engaged in heavy work or works with harmful and (very) and (or) dangerous work conditions and are recipients of state benefits;
  • persons dismissed from Armed Forces of the Republic of Kazakhstan;
  • persons released from prison, and (or) the compulsory treatment;
  • persons who became disengaged because of the liquidation of employer- legal person or finished activity of physical person, reduction of population or working staff.

Four families from Zhuldyz village and one family of Khairush settlement got apartment keys in regioal center.

According to the “Employment-2020” Program, 30 homes  in seven communities will be put inrto operation  in West Kazakhstan region in 2013.

It shold be noted, 210 million tenge is allocated  for the engineering communication infrastructure construction.   

Conclusion 

“Employment 2020” state program submitted by the Ministry of Labour and social protection of population of the Republic of Kazakhstan. The goal of the program is increasing incomes by promoting sustainable and productive employment.

The head of state of 28 January 2011 “build the Future together!” and the Message to the people of Kazakhstan on improving the efficiency of the labor market, low-income, unemployed and self-employed population in active program to promote productive employment the problem of attracting and tears.

The active employment policy is one of the main social priorities of the Government of the Republic of Kazakhstan. Ensuring decent employment – the basis of social protection of the population, the key condition for the development and implementation of human resources, the main means of improving the quality of life and increase social wealth.

Socio-economic transformation the country has established a dynamically developing labor market, economic activity and employment is growing. Over the past 10 years the number of employed people 6698,8 8141,4 thousand people, and the unemployment rate in 2001 was 12.8 % at the end of 2010 to 5.5 %.

Develop and implement special measures to preserve jobs and promote employment in the framework of the roadmap of the global financial and economic crisis during the period of temporary economic difficulties associated with the influence (2008 – 2010) has helped to maintain a high level of employment. The ongoing state program of forced industrial-innovative development and transition, on the one hand, extends opportunities for further employment growth, and on the other hand, attract to the labour market internal reserves of manpower, improved quality and economic activity of labour resources requires the development and implementation of new approaches.

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Termination of contract of employment

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