How does the state monitor compliance with labor laws? Business audits may seem like a simple bureaucracy, but behind them are clear rules and structures designed to protect employees and maintain fairness in labor relations.
Which industries in Kazakhstan fall under the strictest control? How are risk levels determined for different companies? In this article, we will analyze the mechanism of state control and if you are an employer or employee, this information will help you understand how your rights are protected in practice.
State control and supervision of compliance with labor legislation is carried out according to general rules in accordance with the Business Code.
Conducting inspections depends on the degree of risk of the subject, which is formed from objective and subjective criteria. Objective criteria do not depend directly on a particular subject, but are determined based on the scope of its activity. Subjective criteria, in turn, depend on the results of the activity of a particular business entity and the identified violations.
At the first stage, a business entity is assigned to one of the risk levels (high, medium, low) by objective criteria.
A high degree of risk includes entities operating in the following types of economic activity:
- mining and quarrying;
- electricity, gas, steam and air conditioning;
- manufacturing industry;
- construction;
- transportation and warehousing;
- water supply, sewerage system, waste collection and distribution;
- information and communication;
- agriculture, forestry and fisheries;
- entities that attract foreign labor force of more than 30 people.
Medium-risk entities include entities engaged in activities in the field of healthcare, education, culture, sports, social security, trade, and provision of accommodation and food services.
The low degree of risk includes non-industrial entities whose employees work in office premises.
At the second stage, subjects are assigned according to subjective criteria to one of the following degrees of risk:: high (71-100 points), medium (31-70 points), low (0-30 points). The degree of risk according to subjective criteria is determined based on the number and degree of violations (gross, significant, and minor).
Please note that a gross violation entails assigning 100 points to the subject and conducting preventive control with a visit to the subject.
Degree of violations of the requirements for monitoring compliance with the labor legislation of the Republic of Kazakhstan
| № p/p | Risk Criteria for compliance with labor legislation | the level of violations |
| 1 | the Presence of the accident connected with work, with serious or fatal | Rough |
| 2 | the Presence of group accident connected with work that occurred simultaneously with two or more employees, regardless of the severity of injuries the victims | Rough |
| 3 | the investigation of accidents with severe-to-fatal, work-related, and group accident that occurred simultaneously with two or more employees regardless of the severity of injuries the victims | Rough |
| 4 | the Message about the accident connected with work, in the form established by the authorized state body for labour in the territorial division of the | Rude |
| 5 | to provide workers with a basic annual paid vacation; paid annual leave; study leave; leave in connection with pregnancy and the birth of the child (children), adoption (adoption) of a newborn child (children); leave without pay to care for children up to the age of three years | a Rough |
| 6 | compliance with the normal working hours, reduced working time for certain categories of workers from | a Rough |
| 7 | to provide workers with a break for rest and meals | Rough |
| 8 | Providing vnutrismennyh and special breaks | Rude |
| 9 | ensure the full and timely payment of wages and other payments, including for compensation of harm caused to the life and health of the worker | Rough |
| 10 | Providing employees with means of individual and collective protection special clothes | Rough |
| 11 | Availability sheet of temporary incapacity to work, as well as the document confirming payment of the list of temporary disability of | a Significant |
| 12 | Compensation for unused days of annual paid leave (annual leave) | Significant |
| 13 | Availability of a report on the results of certification confirming that the employer has carried out certification of production facilities and auxiliary divisions in terms of working conditions | Significant |
| 14 | Availability of a service or a specialist in labor safety and health | Rough |
| 15 | Provision of employees with a workplace equipped in accordance with the requirements of labor safety and health, equipment, tools, technical documentation necessary for the performance of labor duties | Significant |
| 16 | Availability of working equipment that meets the safety standards established for this type of equipment, with the appropriate technical passport (certificate), warning signs and fences or protective devices to ensure the safety of employees at the workplace | Rough |
| 17 | Availability of documentation for training, instructing and testing knowledge on occupational safety and health | Significant |
| 18 | Availability of contracts for mandatory training of employees in the insurance of employees against accidents in the performance of their labor (official) duties, mandatory social insurance of employees. When an employer carries out activities under a contract for the provision of services for the provision of personnel as a sending party, it is subject to assignment to a type of economic activity that has an occupational risk class not lower than the occupational risk class of the receiving party or the highest professional risk class of the receiving party, in accordance with the contracts for the provision of services for the provision of personnel. | Significant |
| 19 | Compliance with employer duties in the field of employment and vocational rehabilitation of persons with a disability from work-related injury, occupational disease, obtained through the fault of the employer, provided by individual program of rehabilitation of the | Significant |
| 20 | compliance with the order of the disciplinary process, providing for a request from the employee's explanation in a written form, the employee is familiarized with the act of the employer to impose a disciplinary penalty under the painting | of a Significant |
| 21 | the conditions of the collective agreement agreements of social partnership | , a Significant |
| 22 | the Existence of employment contracts in respect of the employees | are Rude |
| 23 | compliance with the ban on child labor | a Significant |
| 24 | Providing employees with equal pay for equal work, and equal manufacturing conditions without any discrimination, including in respect of the employees of the sending party at the conclusion of the contract on rendering services of the staff | are Rude |
| 25 | an act of the employer to establish a conciliation Commission on consideration of individual labour disputes, and consideration of individual labour dispute conciliation Commission deadlines | Significant |
| 26 | guarantees for the implementation of the minimum monthly wages | Significant |
| 27 | compensation payments associated with the special regime of work and working conditions, loss of employment, employee compensation costs associated with the performance of their labour, state or public duties, | Significant |
| 28 | compensation payments related to professional training, retraining and advanced training of employees or other persons not employed | Significant |
| 29 | Issuance of documents confirming the work of the employee (employment history, employment contract, an extract from the acts of the employer, an extract from the statement of issuance of wages to employees, track record, the agreement on dual training) | Minor |
| 30 | Extradition at the request of the employee (including former) within five working days from the date of circulation help with indication of specialty (qualification, post), time of work and wages, recommendation, which contains information about the employee's qualifications and his work ethic | Minor |
| 31 | In liquidation, the bankruptcy of the employer – legal entity, termination of the employer – natural person in the presence of debt to the employee, the issuance of the amount of the debt on wages and other payments, duly | Minor |
| 32 | Implementation of the quota of jobs for persons with disabilities, persons consisting on the account of a probation officer, and persons released from places of deprivation of liberty, and citizens of the number of young people who have lost or left until the coming of age without parental care who are graduates of educational organizations | Insignificant |
| 33 | Represent the center of employment of information about the upcoming release of workers in connection with the termination of the activities of the employer – natural person or liquidation of the employer – legal person, a reduction in the number or staff, reduced the volume of production and of work performed and services caused the deterioration of the economic condition of the employer | Insignificant |
| 34 | the direction of the center of employment of information on vacancies within five working days from the date of their appearance with the conditions of work and pay | Minor |
| 35 | Timely notice of the center of employment of the population on employment or denial of employment | Insignificant |
| 36 | Engaging employer of foreign labour without the permission of the local Executive body or the employment of foreigners and stateless persons that do not have certificates of qualification for self-employment issued by the authorized body for migration issues, or permissions labor immigrants, issued by the internal Affairs bodies, as well as attracting the employer of the foreign employee to the position (occupation or profession), not corresponding to the position (profession or specialty) specified in the permission of local Executive authority for the attraction of foreign labor force. The number of foreign labor force attracted by the employer under permits must correspond to the percentage ratio determined by the authorized body for employment of the population to the number of Kazakhstani personnel, taking into account employees of the sending party who perform labor activities under the contract for the provision of personnel services. | Gross |
| 37 | The presence of duly adopted acts of the employer regarding recruitment, dismissal, transfer, payments, suspension, deductions made, granting of vacations, establishing additional payments, compensation payments and guarantees | Insignificant |
| 38 | The employer's entry of information on the conclusion and termination of an employment contract with an employee, amendments and (or) additions to it containing: information regarding the details of the employee and employer, work in a particular specialty, profession, qualification or position (labor function), place of work, term of the employment contract, date of start of work, date of conclusion and serial number in the unified system of accounting for labor contracts | Significant |
| 39 | Implementation of the labor protection management system and monitoring its functioning | Rough |
| 40 | Compliance with the ban on the use of forced labor | Rough |
| 41 | From reports on the certification of production facilities for working conditions submitted by enterprises, identification of inconsistencies in the following indicators: 1) harmfulness and danger of factors of the industrial environment; 2) provision of personal protective equipment in accordance with the standards of issue; 3) personal injury safety; 4) severity of the labor process; 5) intensity of the labor process | Rough |
Sources:
- Business Code of the Republic of Kazakhstan;
- The Labor Code of the Republic of Kazakhstan;
- Joint Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 1022 dated 25.12.2015 and the Minister of National Economy of the Republic of Kazakhstan No. 801 dated 28.12.2015 "On approval of Risk assessment Criteria and checklists for compliance with the labor legislation of the Republic of Kazakhstan".