home Ways to earn money “Dismissal of an employee at his own request. Dismissal of an employee at his own request Article of dismissal at his own request

“Dismissal of an employee at his own request. Dismissal of an employee at his own request Article of dismissal at his own request

According to Art. 57 of the Labor Code of the Republic of Kazakhstan, an employee has the right to terminate an employment contract with the employer by warning him about this 1 month in advance. By agreement with the employer, he may stop working before the expiration of this period

Such a warning is necessary to ensure that the employer is responsible for this. Labor Code of the Russian Federation Articles of dismissal - Articles. Hristo Takhchidi again appealed the refusal to reinstate him.

Re-read the Labor Code of the Republic of Kazakhstan. Move a little yourself, or work it out.

I work at a school as a teacher. I want to resign, please tell me the article of the Labor Code of the Republic of Kazakhstan, where the terms of work are written!

2 weeks. With employer's permission 3 days

Articles of the Labor Code of the Russian Federation of the Labor Code of 2015 comments, changes, art. Dismissal of an employee from work according to the Labor Code of the Labor Code of the Russian Federation 2015 is nothing more than an interruption of the labor relationship between the employee and the employer.

How to fire an employee upon reaching retirement age according to the Labor Code of the Republic of Kazakhstan

This is not a reason for dismissal if the pensioner is against it.

The Labor Code of the Russian Federation regulates dismissal in 2014 by Chapter 13 of the code. We present the current version of the Labor Code of the Russian Federation as of April 2, 2014. Article 77 84.1 of the Labor Code of the Russian Federation Termination of an employment contract.

How to fire?
just deceive him by asking him, by hook or by crook, to sign a letter of resignation of his own free will

It is precisely according to the Labor Code of the Russian Federation that it is LAWFUL to fire an employee only in connection with his reaching retirement age!

Is it possible to quit without working days under the Labor Code of the Republic of Kazakhstan?

Possible by agreement with the administration of the enterprise.

Termination of an employment contract Dismissal of an employee on his own initiative. According to paragraph 4 of Article 57 of the Labor Code, the employee has the right to notify the employer in writing of the employer’s failure to comply with the terms of the employment contract.

You will still have to work two weeks, even if management is away on vacation. The fact that you left without working is your big mistake; they have the right not to pay you your salary arrears. what to do? ! return to work (if the workplace you occupied is still free) at your old job, all problems will automatically be resolved in your favor. if the workplace at the old job is occupied, “forget” about the salary arrears and leave the new place. join the ranks of the unemployed.

""They have a salary arrears to me, they did not sign a contract, and upon dismissal, compensation for unused vacation must be accrued. ""
There is no contract, what is your salary and compensation? What is the working month? You're not registered, go wherever you want.
You could leave by agreement and wouldn’t have to give a month’s notice. But this is by law even in the case of applying for a job. But you are not registered. They can’t fire you under the article, but you won’t see your salary either.
If you “got a job” in the same way, then the same thing awaits you.
Look for a normal job.

Dana, I’m sure that there are no specialists in the Labor Code of the Republic of Kazakhstan here. The Russians are here, with the Labor Code of the Russian Federation. Look for the Labor Code of Kazakhstan in a bookstore and read it, it will come in handy. This is usually a one-night read.
I fully support the answer about “not registered = not working”, it has no boundaries.

What is the article in the Labor Code of the Republic of Kazakhstan regarding voluntary dismissal in connection with retirement?

Article 77, part 1, clause 3 of the Labor Code of the Russian Federation, dismissed at his own request due to retirement.

In practice, the question arises of dismissing an employee, presumably under clause 2, clause 1 of Article 54 of the Labor Code of the Republic of Kazakhstan. Labor Code of the Republic of Kazakhstan. Article 56.

Hello! What is the current article on hiring in the Labor Code of the Republic of Kazakhstan?

What, "Trudowoi Kodeks" iz"iawil jelanie porabotat"?

Article 80. Termination of an employment contract at the initiative of the employee at his own request. The employee must write about his voluntary resignation 2 weeks before the dismissal.

Hello!! !
This usually happens as follows: within 3 (three days)
the employer, if you are employed under the Labor Code of the Russian Federation, is obliged to make an APPROPRIATE ENTRY IN THE WORK BOOK ABOUT HIRING YOU (COMPANY NAME, POSITION, RELEVANT SIGNATURES, DATE, SEAL OF THE ENTERPRISE). Good luck!!!

When applying for a job, the article number is not written.
The article number must be indicated when dismissing an employee.

If an employee quits during the probationary period, is an entry made in the work book?

It has not yet been issued, no recording is being made.

List of changes and additions to the Labor Code of the Republic of Kazakhstan as of November 7, 2014. Article 1. Basic concepts used in this Code. Article 2. Labor legislation of the Republic of Kazakhstan.

Labor Code of the Republic of Kazakhstan Article 35, paragraph 1 “The work book is a document containing information about the employee’s work activity” Article 36, paragraph 4 “The probationary period is included in the employee’s work experience...” Conclusion: If the probationary period is part of the employee’s work experience, then it is already the beginning of work, and the work book must contain information about work activity, i.e. an entry is made in the work book, including the reasons for dismissal.

It must be done. An employee on a probationary period has the same rights and obligations as those who have completed this period. There can be no exceptions. There may be one BUT. . if a person has worked for less than 5 days and does not insist on making an entry in the work report, then it is possible not to make an entry.

I submitted my resignation under Art. 57 clause 4 Labor. Code of the Republic of Kazakhstan, the 7-day period has passed, the employer has the right

What kind of article of dismissal is this, actually this is an article about an employment contract

In accordance with Art. 51 of the Labor Code of the Republic of Kazakhstan, the grounds for termination of an employment contract are: What are the grounds for dismissing an employee at the initiative of the employer? In accordance with Art. 54 of the Labor Code of the Republic of Kazakhstan, an employment contract with an employee...

Is compensation paid for unused vacation if an employee quit of his own free will in the Republic of Kazakhstan? Thank you.

Favorites. Tax Code of the Republic of Kazakhstan 2009. Registration.Re Labor Code of the Republic of Kazakhstan. NinOk 30 Oct 2009, 15 14. Article 57. Termination of an employment contract at the initiative of the employee.

Definitely yes, if this is an enterprise in the Russian Federation.

Be sure to do everything down to the penny until the last day

Compensation for unused vacation is paid in any case.

Compensation is paid in any way

According to Article 29 of the Labor Code of the Republic of Kazakhstan further than the Labor Code of the Republic of Kazakhstan, an employment contract can be concluded for a period of time. If you want to go on vacation with subsequent dismissal, then in accordance with Article 107 of the Labor Code of the Republic of Kazakhstan, the order of provision...

It’s paid no matter how long you’ve been on vacation. I quit 2 months after I took my vacation. Everything was calculated and paid, despite the fact that there were still 10 months left before the next vacation)

What law applies to hiring and dismissal from work in the REPUBLIC OF KAZAKHSTAN? Preferably an article, chapter, etc.

Consultation with a lawyer on the labor code of the Republic of Kazakhstan.

How long am I required to work after submitting my resignation letter (I live in Kazakhstan)

In Russia 2 weeks according to the Labor Code. And so it is at the discretion of the authorities.

Code of the Republic of Kazakhstan dated May 15, 2007 N 251-III ZRK Labor Code of the Republic of Kazakhstan. Section 2. Labor relations. Chapter 4. Employment contract. Article 57. Termination of an employment contract at the initiative of the employee.

We’ve been in Russia for 2 weeks, but who knows what it’s like for you there

Ask the bai

Two weeks, but there may be options under the Labor Code

According to the rules 2 weeks

Article 57 of the Labor Code of the Republic of Kazakhstan states that an employee has the right, on his own initiative, to terminate an employment contract by giving notice. The types of payments that an employee is entitled to upon dismissal depend on the basis on which the employment contract is terminated.

Look at your Labor Code (of Kazakhstan).

Tell me where to find a sample order for dismissal at the own request of the Republic of Kazakhstan?

Write for yourself what is difficult there.
To whom,
from whom,
Statement
Ask...
date, signature

Articles of the Labor Code on dismissal. So, let's look at the articles under which the employer and employee can terminate mutual rights and obligations under the employment contract.

The best place to do this is in your organization's HR department.
Well, as standard:
Hm. . Indeed, you didn’t ask for a sample application, but a sample order.
http://www.uwolnenie.ru/2-2.htm - look here
But the order is written in the HR department, do you really need the order?
Here is the text of the order in Ukrainian (everything is intuitively clear):
PARTNERSHIP WITH EXCHANGED DISTANCE
"VIMPEL"
ORDER No. 125
m. Kiev
"16" zhovtnya 2003
1. Employment of Tarasov Volodymyr Petrovich from the position of accountant of the Limited Liability Partnership "Vimpel" from "20" June 2003. For the most important fruits, it is necessary to use Part 1 of Art. 36 of the Code of Laws on the Law of Ukraine2.
Submission: statement of Tarasov V.P.
2. Accountant Tarasov V.P. until October 17, 2003. hand over all information to accountant Sidorenko A.V.
3. To the chief accountant Oliynik L.O., pay V.P. Tarasov to transfer the transfers according to the proper legislation.
4. Personnel inspector3 Volkov P.A. formalize the work book of Tarasov V.P. in proper order and see the lines established by law.
5. I entrust control over the Vikonanny to the intercessor of the director L. G. Krivenko.
Director I.I. Ivanenko
10/16/03 r. m.p.
With the order of awareness:
___________ (V. P. Tarasov)

Tell me, according to the Labor Law of the Republic of Kazakhstan, within what time frame are they required to pay the salary if a person quit yesterday?

Within 10 days

Article 28 of the Labor Code of the Republic of Kazakhstan clearly stipulates that the employment contract must contain the amount and other conditions of remuneration, i.e., due to disciplinary sanctions, reprimand, reprimand, severe reprimand and termination of the individual employment contract, dismissal.

Damn, they told me on the day of dismissal

The last working day is considered the day of dismissal; accordingly, on the same day or the next, the employee must receive a paycheck and a work book.

Article 80 of the Labor Code of the Russian Federation
On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

Hey people, read Article 140 of the Labor Code of the Russian Federation! what 10 days?? ? Everything is received on the day of dismissal, which is the employee’s last day of work.
That is, if you write in the application “I ask you to fire me on December 5, 2009,” then you will be fired on December 5, 2009, you work on that day and receive a paycheck, work book and other documents on the same day.

YESTERDAY and all the calculations should have been made. Any delay after this day is compensated by a penalty (not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay of the debt amount).

If I am dismissed at my own request, under what article should I be fired??? work at my own request, in the order of the employer and your work book, subparagraph 4 of Art. 51 of the Labor Code of the Republic of Kazakhstan termination of an employment contract...

On the last day of work, also known as the day of dismissal. If you were fired yesterday, then yesterday you should have received a full payment. Receive undisputed amounts.

How to correctly issue a notice of dismissal of pensioners in accordance with the new labor code of the Republic of Kazakhstan

With the resolution of the Cabinet of Ministers...

According to the Labor Code of the Russian Federation further - the Labor Code, there are four main types of dismissal, agreement of the parties, Article 78 of the Labor Code, expiration of the term of the employment contract, Article 79 of the Labor Code, with the exception of cases where the employment relationship actually continues and none of...

Does anyone know the number of the article of the "Labor Code of the Republic of Kazakhstan" dismissal at will

Article 77 paragraph 3

Catalog of articles. What are the grounds for dismissing an employee at the initiative of the employer? In accordance with Art. 54 of the Labor Code of the Republic of Kazakhstan, an employment contract with an employee at the initiative of the employer can be terminated in cases

Clause 3 of Article 77 of the Labor Code of the Russian Federation or Article 80 of the Labor Code of the Russian Federation

Article 77 paragraph 3

Article 80. Termination of an employment contract at the initiative of the employee (at his own request). The employee must write about his voluntary resignation 2 weeks before the dismissal. This means that after writing an application for termination of the contract, the employee must work for another two weeks, during which all cases handled by him must be completed or transferred to another employee.
And clause 3 of Art. 77 is just one of the grounds for termination of an employment contract.

Managers, what is the procedure for punishing an employee for absenteeism? Order, reprimand, please tell us in more detail.

According to the Labor Code of the Republic of Kazakhstan, absence from work without a valid reason for more than three hours, presence at work while intoxicated is definitely dismissal.
I don’t think that the Labor Code of the Russian Federation is very different.

Home gt Questions amp Answers gt Labor law gt What is the article in the Labor Code of the Republic of Kazakhstan for voluntary dismissal due to retirement? This lawyer is from Moscow 2013-01-11 11 04 51 0400 Notify the administration. Article 77 of the Labor Code of the Russian Federation establishes...

The employee must be required to provide a written explanation regarding the offense committed. If the employee has not submitted an explanatory document within 2 working days, draw up a corresponding report. Then it is necessary to issue a dismissal order and familiarize the employee with it within 3 working days from the date of publication of the document. If the employee refuses to familiarize himself, also draw up a corresponding report.

Question about vacation. How many calendar days does paid vacation last?

As far as I know, the vacation is 24 days

The site is part of the REX information system. Dismissal for absenteeism. The Labor Code replaced the word absenteeism with the wording the employee’s absence from work. I have such a situation, I was fired under clause 1. 6 clause 1 of article 54 of the Labor Code of the Republic of Kazakhstan, retroactively, and my statement about...

According to the law of the Labor Code of the Republic of Kazakhstan, paid leave lasts 24 calendar days. If you got a job in October 2011 and want to leave in July, then your vacation will be accrued not 24 calendar days but 20 days. You can take time off, but this will be a completely different application and another order, you will not be paid.

By law, for each month worked, 2 days of paid leave are given. that is, for 12 months = 24 calendar paid days.
in your case, 20 days of vacation and not a day more.

Sometimes I read the answers and think, are people acting like idiots or are they really idiots?
Article 115 of the Labor Code of the Russian Federation, vacation is 28 calendar days (no less!!!), and more for the Ministry of Internal Affairs, courts, etc. (for length of service, etc.). So, for each month you work, you are entitled to 2.33 days... We count: 2.33*9=21 days, so let your boss or his TC lawyers read the comments to it!
According to the law, you, with the consent of the gene. directors can take a vacation without working for half a year at all.... (Article 122)

The answers are simply more “literate” than each other. Apparently, no one has tried to read the Labor Code of the Russian Federation; everyone believes what “honest” employers say.
Art. 115 of the Labor Code of the Russian Federation: Annual basic paid leave is provided to employees for a duration of 28 calendar days.
Art. 122 of the Labor Code of the Russian Federation: Paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.
As you can see, this article does not say that after 6 months. You can only get part of your vacation from work.
Art. 123 of the Labor Code of the Russian Federation: The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.
That is, your “want” must be agreed upon with the employer and it must be reflected in the approved schedule. Then changes are possible only with the consent of the employer.
Art. 125 of the Labor Code of the Russian Federation: By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.
As you can see, you can divide your vacation into parts only with mutual consent.
P.S. read Chapter 19 of the Labor Code of the Russian Federation, get all the information related to your right to leave.

The concept of time off does not exist in the labor code.
Correct, you are entitled to leave after 6 months from the date of admission. But who told you that you have the right to all 28 days? According to the Labor Code, vacation is provided according to the vacation schedule, which is approved by the employer, and not necessarily all the employee’s “wants” must be taken into account. Do you urgently need a vacation after 6 months of work? Get vacation - 14 cal. days. the rest later. Moreover, the vacation is divided into parts. one of which is at least 14 days.
According to Art. 125 of the Labor Code of the Russian Federation, BY AGREEMENT between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days. The agreement presupposes the consent of the employee and the employer; if the employer is against it, sorry.
Please also note:
"... when an employee is dismissed before the end of the working year for which he has already received annual paid leave, for unworked vacation days...."
(Article 137, “Labor Code of the Russian Federation”)
Your employer can provide you with leave without pay (if you express such a desire and the employer does not mind).
You may also have rest days if you were previously involved in work on a day off and you were paid for these days in a single amount. Then you can add these days to your vacation. Please note: these days are not subject to payment.
"...At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a day off or a non-working holiday is paid in a single amount, and the day of rest is not subject to payment...."
(Article 153, “Labor Code of the Russian Federation”)

Dismissal by agreement of the parties has a number of features. First of all, this is that, according to Article 78 of the Labor Code of the Russian Federation, an employment contract can be terminated by agreement of the parties at any time.

According to the Labor Code of the Russian Federation, annual paid leave is 28 calendar days. your employer is wrong. After 6 months you have every right to use your vacation in full.

Upon dismissal, should an employee work for a month according to the updated legislation of the Republic of Kazakhstan?

There is no such updated legislation. And what is RK?

In connection with the adoption of the Labor Code, new articles on dismissal appeared. - dismissal at the initiative of the employee - Article 57 of the Labor Code of the Republic of Kazakhstan. - dismissal for absenteeism - clause 6, clause 1 of Article 54 of the Labor Code, it should be taken into account that termination of the employment contract under...

Two weeks required

Since when has the legislation been updated?

Article 80 of the Labor Code of the Russian Federation. Termination of an employment contract at the initiative of the employee (at his own request)
An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

2. Other special concepts and terms of the labor legislation of the Republic of Kazakhstan are used in the meanings defined in the relevant articles of this Code. Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated February 17, 2012 566-IV...

There is no new legislation in Russia

You submit your resignation 2 weeks in advance, and you work for those 2 weeks.

They don’t give you your work book

If the situation was real, I would help, but otherwise it’s a simple task.
If you name at least one convincing reason why other people should study for you, I will definitely look into the situation.

Labor Code of the Russian Federation. Chapter 13. Articles 77-84.1. If, after the expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Although the statement above is correct, I will still help:
according to Article 84.1. Labor Code - the general procedure for registering the termination of an employment contract; on the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. And according to Article 140 of the Labor Code - payment terms for dismissal upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee's dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article. Before giving you the work book, you should have been familiarized with the dismissal order! you can go to court and demand money for the entire time of delay in issuing the work book, according to Art. 234 Labor Code of the Russian Federation

What is there to sort out, scare me with the prosecutor’s office, that’s just what I did, immediately everyone becomes stupid, because they know that they are acting illegally.

For what? After all, Tarasov has already contacted the trade union committee - let them sort it out

The administration of the enterprise is obliged to issue the employee his work book on the day of dismissal, making a record of the dismissal. There are no other options.

This means I have to pay the residual cost of special clothing

Article 192 of the Labor Code of the Republic of Kazakhstan provides.... File name: Labor Law of the Republic of Kazakhstan: dismissal. Other news on the topic

You must be given a work book on the day of dismissal. You can:
1. Contact the state labor inspectorate
2. File a lawsuit with a demand to cancel the dismissal order and issue a dismissal order on the date when you are issued a work book; with payment of compensation for forced absence and compensation for moral damage
Since the bypass sheet has been signed, there can be no claims against the employee from the employer. And the fact that the employee framed the warehouse manager is a matter of the employee’s conscience.

I want to add to everything that has been said. We must not forget that special clothing is the property of the employer, and the employee is obliged to return it to the warehouse or reimburse the cost.

Please tell us what actions were taken by the trade union committee in fulfillment of Tarasov’s request to help him obtain a work book?

How long do you need to work before leaving the Republic of Kazakhstan? Someone writes a month, someone writes two weeks... who to believe????

What is RK?

The Labor Code provides for dismissal due to the expiration of the contract. Grinberg Eduard Wednesday, July 04, 2012. According to clause 2 of Art. 33 of the Labor Code of the Republic of Kazakhstan The employer is obliged to familiarize the employee with the act within three days.

This is at the discretion of the boss, he can let you go without work...

It all depends on the employer and by law a month

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)
An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.
In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.
Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.
If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Well, as far as I know. After writing the application, you need to work for 2 weeks. and if you have 2 children under 14 years old, then you don’t have to work at all according to the law.

RK is Smoked Fish, District Committee, RosCosmos, or maybe Roberto Carlos? try to ask questions properly!

Labor Code of the Republic of Kazakhstan Article 54. Grounds for termination of an employment contract at the initiative of the employer.14 termination of an employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan

In Russia, according to labor law, it is 2 weeks, and not in the Republic of Kazakhstan.

In the Komi Republic - two weeks

The woman returned to work after giving birth three months later. Can they cut it now?

No, let them make excuses, women all lie about something and there is always an excuse for a child, you can still lie about something

Dismissal on all counts is the initiative of the employee, paragraph 3 of Article 77 of the Labor Code of the Russian Federation. Markelov A.V., legal expert at the Consulting Center Legal Protection Published in the issue Personnel of the Enterprise 12 2003.

What falls under the concept of “administrative violation”? Name three signs of an administrative offense. First, - What falls under the concept of “administrative offense”? Name three signs of an administrative offense. Firstly,

Amount of state duty Samara Arbitration Court - Evaluate the correctness of the ruling of the cassation court? 10 years have already passed. It’s too late to decide. ept state sizes

An employee has the right, on his own initiative, to write a letter of resignation, notifying the employer in writing at least one month in advance. In this magazine article we also provide a sample resignation letter.

From this article you will learn:

In the employment contract It is permissible to establish a longer period for the employee to notify the employer of termination of the employment contract.

According to paragraphs. 1) clause 1 art. 22 Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V (hereinafter referred to as the Labor Code of the Republic of Kazakhstan), the employee has the right to terminate the employment contract in the manner and under the conditions provided for by the Labor Code of the Republic of Kazakhstan, including on his own initiative.

At the initiative of the employee, the employment contract is terminated in the manner prescribed by the commented subparagraph. The employee is obliged to notify the employer in writing at least one month in advance.

The legislator provides other deadlines for the employee to notify the employer:

has the right to terminate the employment contract on his own initiative by notifying the employer in writing within seven calendar days(clause 5 of article 134 of the Labor Code of the Republic of Kazakhstan);
domestic worker must notify the employer in writing within the period established in the employment contract (clause 3 of article 136 of the Labor Code of the Republic of Kazakhstan).

The employee notified the department head of his resignation. In turn, the head of the department, in order to select a new employee for the vacant position, offered the employee to work for one month. The employee refused to work off the job, stating that after writing his resignation letter he would not return to work. What are the employer’s further actions, what measures can he take?

Victoria Kulinkova

Expert of the Economic System “ACTUALIS: Personnel Affairs”, author of a number of publications of the Digital Publishing House “MCFER-Kazakhstan”, lawyer, Karaganda

further - Labor Code of the Republic of Kazakhstan), the employee has the right to terminate the employment contract on his own initiative, that is, at his own request. To do this, he must notify the employer in writing at least one month in advance before the proposed dismissal.

Attention: According to the Labor Code of the Republic of Kazakhstan, the employee has the right to indicate in the application the period for termination of the employment contract before the expiration of the notice period provided for in paragraph 1 of Art. 56 Labor Code of the Republic of Kazakhstan. But the date of the last working day is determined by the employer himself: to terminate the employment contract before the expiration of the notice period, the written consent of the employer is required. If the employer does not agree to terminate the employment contract before the expiration of the notice period, the employee is obliged to work this period.

The legislator considers the notification of the employee as a written statement by the employee or applications submitted by him in another way (via courier mail, postal services, fax, e-mail and other information and communication technologies) (clause 81) clause 1 of Art. 1 Labor Code of the Republic of Kazakhstan).

Letter of resignation the employee must provide at least one month in advance, if a longer period is not provided:

in the employment contract itself with the employee who has expressed a desire to terminate the employment contract;
paragraph 3 of the commented article.

The employee fills out an application for termination of the employment contract in any form.

An employment contract at the initiative of the employee may be terminated before the expiration of the notice period provided for in paragraph 1 of Art. 56, with the written consent of the employer.

★In the organization, the employee was granted regular leave from June 1, 2018. The employee wrote a letter of resignation of his own free will on June 2. How to properly formalize the termination of an employment contract: recall an employee from vacation and dismiss him with compensation?★

Nadezhda Malikova

expert of the ES “ACTUALIS: Personnel Affairs”, author of articles in a number of publications of the Digital Publishing House “MCFER-Kazakhstan”, director of the legal department of “FactorOfTime” LLP, Almaty

In accordance with the Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V ( hereinafter referred to as the Labor Code of the Republic of Kazakhstan), the employee has the right to terminate the employment contract on his own initiative, that is, at his own request. For this he needs notify the employer in writing at least one month before the proposed dismissal. In this case, the employer determines the date of the last working day himself.

The employee has the right to indicate in the application the period for termination of the employment contract before the expiration of the notice period provided for in Article 56 of the Labor Code of the Republic of Kazakhstan. In this case, the employment contract can be terminated before the expiration of the notice period only with the written consent of the employee. The employer's consent can be expressed in the form of a operative note on the employee's application or by providing the employee with a draft order to terminate the employment contract.

On a note!

The employee has the right to notify the employer in writing of the employer’s failure to comply with the terms of the employment contract. If, after the expiration of a seven-day period from the date of written notification, the employer’s failure to fulfill the terms of the employment contract continues, the employee has the right to terminate the employment contract by notifying the employer in writing no later than three working days in advance.

The employee has the right to demand that the employer fulfill (clause 2) clause 1 of Art. 22 of the Labor Code of the Republic of Kazakhstan), and the employer, in turn, is obliged to comply with the requirements of the labor legislation of the Republic of Kazakhstan, agreements, collective and labor contracts, acts issued by him (clause 1) clause 2 of Art. 23 Labor Code of the Republic of Kazakhstan).

If an employer violates the terms of an employment contract with an employee and does not fulfill it, the employee has the right to notify the employer in writing of the employer’s failure to comply with the terms of the employment contract.

The legislator sets a deadline for the employer to take action and eliminate violations of the employment contract - seven days from the date of written notification by the employee.

If after seven days If the employer continues to fail to fulfill the terms of the employment contract, the employee has the right to terminate the employment contract. The employee must notify the employer in writing of the upcoming termination of the employment contract. no later than three working days before the expected date of termination of the employment contract.

When terminating an employment contract at the initiative of the employee in the event of failure by the employer to fulfill the terms of the employment contract in accordance with paragraphs. 3) clause 1 art. 131 of the Labor Code of the Republic of Kazakhstan, the employer makes compensation payments in connection with the loss of a job in the amount of the average monthly salary, unless a higher amount is provided in the labor, collective agreement or act of the employer in connection with the loss of a job.

Attention!

During the notice period provided for in Art. 56 of the Labor Code of the Republic of Kazakhstan, the notification may be withdrawn by agreement of the parties.

This paragraph provides for the employee’s right to withdraw the notice of termination of the employment contract (dismissal notice). But the decision to withdraw the notification is made only by agreement of the parties.

On a note!

After the expiration of the notice period specified in this article, the employee has the right to stop working, except in cases of failure to complete the acceptance and transfer of property (documentation) of the employer due to the fault of financially responsible persons. The day of termination of the employment contract with financially responsible employees is the day of completion of the acceptance and transfer of property (documentation) of the employer.

Upon expiration of the notice period, the employee has the right to stop working and the employment contract is considered terminated.

This paragraph also contains exceptions: an employee cannot stop working if the procedure for accepting and transferring property (documentation) of the employer has not been completed due to the fault of the financially responsible persons, which is the resigning employee.

Financially responsible persons in the organization determined by the employer in accordance with clause 7 of Art. 123 Labor Code of the Republic of Kazakhstan.

The day of termination of the employment contract with financially responsible employees is the day of completion of the acceptance and transfer of property (documentation) of the employer.

The basis for termination of an employment contract is Art. 56 or clause 3 of Art. 56 Labor Code of the Republic of Kazakhstan. The employer’s report should indicate: “ Terminate the employment contract dated 00.00.2000 No.____ with (position) (full name) from 00.00.2000 in accordance with Article 56 of the Labor Code of the Republic of Kazakhstan at the initiative of the employee».

R. Panov, executive director of All&Company LLP

HR specialist

In case of liquidation of an employer - a legal entity or termination of the activities of an employer - an individual

The employer is obliged to warn the employee engaged in seasonal work in writing about the upcoming termination of the employment contract seven calendar days in advance according to the Labor Code of the Republic of Kazakhstan)

1. Act of the employer on the liquidation of a legal entity or termination of the activities of an individual employer

2. Notice of termination of the employment contract

In case of reduction in the number or staff of employees

The employer is obliged to notify the employee in writing of the termination of the employment contract one month in advance, unless the labor or collective agreement provides for a longer notice period. With the written consent of the employee, termination of the employment contract can be carried out before the expiration of the notice period (Labor Code of the Republic of Kazakhstan).

The employer is obliged to warn the employee engaged in seasonal work in writing about the upcoming termination of the employment contract seven calendar days in advance (Labor Code of the Republic of Kazakhstan)

1. Act on reducing the number or staff of employees

2. Decision of the commission of representatives from the employer and employees (if the redundant employee has less than two years left without employment before reaching retirement age)

3. Employer’s act of termination of the employment contract

4. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

It is not allowed to terminate an employment contract with employees before reaching the retirement age established by the Law of the Republic of Kazakhstan “On Pension Security in the Republic of Kazakhstan”, who have less than two years left without a positive decision of a commission created from an equal number of representatives from the employer and employees (Labor Code of the Republic of Kazakhstan).

Termination of an employment contract is not allowed with pregnant women who have provided the employer with a certificate of pregnancy, women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising this category children without a mother. TC RK)

In the event of a decrease in the volume of production, work performed and services provided, resulting in a deterioration in the economic condition of the employer;

If an employee is not suitable for the position held or the work performed due to insufficient qualifications

Termination of an employment contract must be based on the decision of the certification commission, which must include a representative of the employees, unless otherwise established by the laws of the Republic of Kazakhstan.

The procedure, conditions and frequency of employee certification are determined by a collective agreement or an act of the employer of the Labor Code of the Republic of Kazakhstan).

1.Decision (act) of the certification commission

2. Decision of the commission of representatives from the employer and employees (if the laid-off employee has less than two years left without employment before reaching retirement age)

Termination of an employment contract at the initiative of the employer during the period of temporary incapacity for work and the employee being on vacation is not allowed (Labor Code of the Republic of Kazakhstan).

It is not allowed to terminate an employment contract with employees before reaching the retirement age established by the Republic of Kazakhstan “On pension provision in the Republic of Kazakhstan”, who have less than two years left without a positive decision of a commission created from an equal number of representatives from the employer and employees (Labor Code of the Republic of Kazakhstan).

In case of repeated failure to pass a knowledge test on occupational safety and health or industrial safety by an employee responsible for ensuring occupational safety and health of an organization carrying out production activities

Termination of an employment contract must be based on the decision of the examination commission created in the manner established by the legislation of the Republic of Kazakhstan (LC RK)

1.Decision (act) of the examination commission

2. Employer’s act of termination of the employment contract

3. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of sending the act to the employee by mail within three working days

If an employee is not suitable for the position held or the work performed due to a health condition that prevents the continuation of this work and excludes the possibility of its continuation

The employee’s inadequacy for the position held or the work performed due to a health condition that prevents the continuation of this work must be confirmed by a medical report in the manner established by the legislation of the Republic of Kazakhstan (Labor Code of the Republic of Kazakhstan).

1.Medical report

2. Employer’s act of termination of the employment contract

3. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of sending the act to the employee by mail within three working days

In case of negative work results during the probationary period

If the employee’s work results are negative during the probationary period, the employer has the right to terminate the employment contract with him by notifying him in writing, indicating the reasons that served as the basis for termination of the employment contract (Labor Code of the Republic of Kazakhstan)

1. Notice of termination of the employment contract indicating the reasons for termination. The date of termination of the employment contract should not exceed the probationary period.

2. Employer’s act of termination of the employment contract

3. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of sending the act to the employee by mail within three working days

If an employee is absent from work without a valid reason for three or more hours in a row in one working day (work shift)

If an employee is at work in a state of alcoholic, narcotic, psychotropic, toxicomaniacal intoxication (their analogues), including in cases of consumption during the working day of substances that cause a state of alcoholic, narcotic, toxicomaniacal intoxication (their analogues)

The presence of an employee at work in the condition specified in the Labor Code of the Republic of Kazakhstan must be confirmed by a medical report. The decision to send an employee for a medical examination is made by an official authorized by the employer. (TC RK).

1. Medical report

2. Written explanation from the employee

3. If the employee refused to give a written explanation - a corresponding act.

4. Employer’s act of termination of the employment contract

5. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

An employer’s act imposing a disciplinary sanction on an employee cannot be issued during the period:

1) temporary disability of the employee;

2) releasing the employee from work while performing state or public duties;

3) the employee is on vacation or between shifts;

In case of refusal to undergo a medical examination to establish the fact of use of substances that cause a state of alcoholic, narcotic, or toxic intoxication, confirmed by the relevant act

If an employee refuses to undergo a medical examination, a corresponding act is drawn up (Labor Code of the Republic of Kazakhstan).

Termination of an employment contract is carried out in compliance with the procedure for applying disciplinary sanctions provided for by the Labor Code of the Republic of Kazakhstan and the requirements of Article 66 of the Labor Code of the Republic of Kazakhstan (LC RK).

1. Act on the employee’s refusal to undergo a medical examination

2. Written explanation from the employee

3. If the employee refused to give a written explanation - a corresponding act.

4. Employer’s act of termination of the employment contract

5. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

An employer’s act imposing a disciplinary sanction on an employee cannot be issued during the period:

1) temporary disability of the employee;

2) releasing the employee from work while performing state or public duties;

3) the employee is on vacation or between shifts;

4) the employee is on a business trip (Labor Code of the Republic of Kazakhstan)

In case of violation by an employee of labor protection or fire safety rules or traffic safety, which resulted or could lead to serious consequences, including injuries and accidents

Termination of an employment contract is carried out in compliance with the procedure for applying disciplinary sanctions provided for in Article 65 of the Labor Code of the Republic of Kazakhstan and the requirements of the Labor Code of the Republic of Kazakhstan Labor Code of the Republic of Kazakhstan).

1. Official (report) note about the employee’s disciplinary offense

2. Written explanation from the employee

3. If the employee refused to give a written explanation - a corresponding act.

4. Employer’s act of termination of the employment contract

5. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

An employer’s act imposing a disciplinary sanction on an employee cannot be issued during the period:

1) temporary disability of the employee;

2) releasing the employee from work while performing state or public duties;

3) the employee is on vacation or between shifts;

4) the employee is on a business trip (Labor Code of the Republic of Kazakhstan)

If an employee commits theft (including small) of someone else’s property at the place of work, its intentional destruction or damage, established by a verdict or court order that has entered into legal force

Dismissal of an employee for committing theft at the place of work (including petty theft) can only take place if his guilt is proven by a court decision that has entered into legal force on bringing the employee to administrative responsibility for petty theft or by a court verdict that has entered into legal force. he is sentenced to a punishment that does not exclude the possibility of continuing his previous work. The dismissal of an employee convicted of theft committed at the place of work to a punishment that precludes the possibility of continuing his previous work is carried out in the manner prescribed by the Labor Code of the Republic of Kazakhstan. (See Supreme Court of the Republic of Kazakhstan dated December 19, 2003 No. 9 “On some issues of the application of legislation by courts in resolving labor disputes”)

1. Judgment or court order

2. Written explanation from the employee

3. If the employee refused to give a written explanation - a corresponding act.

4. Employer’s act of termination of the employment contract

5. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

It is not allowed to terminate an employment contract at the initiative of the employer during the period of temporary incapacity for work and the employee being on vacation under the Labor Code of the Republic of Kazakhstan).

An employer’s act imposing a disciplinary sanction on an employee cannot be issued during the period:

1) temporary disability of the employee;

2) releasing the employee from work while performing state or public duties;

3) the employee is on vacation or between shifts;

4) the employee is on a business trip (Labor Code of the Republic of Kazakhstan)

In case of guilty actions or inaction of an employee servicing monetary or commodity assets, if these actions or inaction give grounds for loss of confidence in him by the employer

The actions of an employee that give rise to a loss of trust in him on the part of the employer, in particular, may include: receiving payment for services without appropriate documents, measuring, weighing, shortchanging, violating the rules for the sale of alcoholic beverages or dispensing narcotic drugs, inflating prices , misappropriation of property or culpable admission of its shortage and surplus (See the Supreme Court of the Republic of Kazakhstan dated December 19, 2003 No. 9 “On some issues of the application of legislation by courts in resolving labor disputes”)

1. Act of audit (inventory) of goods and materials entrusted to the employee

2.Written complaints from customers (against sales employees)

2. Written explanation from the employee

3. If the employee refused to give a written explanation - a corresponding act.

4. Employer’s act of termination of the employment contract

5. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

An employer’s act imposing a disciplinary sanction on an employee cannot be issued during the period:

1) temporary disability of the employee;

2) releasing the employee from work while performing state or public duties;

3) the employee is on vacation or between shifts;

4) the employee is on a business trip (Labor Code of the Republic of Kazakhstan)

If an employee performing educational functions commits an immoral offense that is incompatible with the continuation of this work

Immoral should be understood as an offense that is contrary to generally accepted norms of behavior, committed not only during the implementation of educational functions, but also in everyday life (obscene language, the use of violence against students, appearing in a state of alcoholic intoxication, which offends human dignity, etc. ( See the Supreme Court of the Republic of Kazakhstan dated December 19, 2003 No. 9 “On some issues of the application of legislation by courts in resolving labor disputes”)

Termination of an employment contract is carried out in compliance with the procedure for applying disciplinary sanctions provided for by the Labor Code of the Republic of Kazakhstan and the requirements of the Labor Code of the Republic of Kazakhstan Labor Code of the Republic of Kazakhstan).

1. Official (report) note about the employee’s disciplinary offense

2. Written explanation from the employee

3. If the employee refused to give a written explanation - a corresponding act.

4. Employer’s act of termination of the employment contract

5. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

An employer’s act imposing a disciplinary sanction on an employee cannot be issued during the period:

1) temporary disability of the employee;

2) releasing the employee from work while performing state or public duties;

3) the employee is on vacation or between shifts;

4) the employee is on a business trip under the Labor Code of the Republic of Kazakhstan)

Termination of an employment contract on this basis is allowed only in relation to persons directly performing educational functions (school teachers, teachers of educational institutions, teachers of preschool children's institutions, vocational training masters and others) if the immoral offense they committed is incompatible with the continuation of this work. Other employees of educational organizations who do not directly perform educational functions cannot be dismissed on this basis (see Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 19, 2003 No. 9 “On some issues of the application of legislation by courts in resolving labor disputes”)

In case of disclosure by an employee of information constituting state secrets and other secrets protected by law, which became known to him in connection with the performance of his job duties

The employee is obliged not to disclose information constituting state secrets, official, commercial or other secrets protected by law that became known to him in connection with the performance of labor duties of the Labor Code of the Republic of Kazakhstan).

1. Official (report) note about the employee’s disciplinary offense

2. Written explanation from the employee

3. If the employee refused to give a written explanation - a corresponding act.

4. Employer’s act of termination of the employment contract

5. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

An employer’s act imposing a disciplinary sanction on an employee cannot be issued during the period:

1) temporary disability of the employee;

2) releasing the employee from work while performing state or public duties;

3) the employee is on vacation or between shifts;

4) the employee is on a business trip (Labor Code of the Republic of Kazakhstan)

In case of repeated failure or repeated improper performance by an employee of work duties without good reason, if he has a disciplinary sanction

To terminate an employment contract, there must be evidence of whether the employee previously committed an offense for which he was brought to disciplinary liability, whether the procedure (Labor Code of the Republic of Kazakhstan) and deadlines (Labor Code of the Republic of Kazakhstan) for imposing this disciplinary sanction were observed, and whether there is a sign of repeated non-compliance an employee without valid reasons for labor duties (See the Supreme Court of the Republic of Kazakhstan dated December 19, 2003 No. 9 “On some issues of the application of legislation by courts in resolving labor disputes”)

Termination of an employment contract is carried out in compliance with the procedure for applying disciplinary sanctions provided for by the Labor Code of the Republic of Kazakhstan and the requirements of the Labor Code of the Republic of Kazakhstan (clause 6 of Article 53 of the Labor Code of the Republic of Kazakhstan).

1. Documents on the imposition of the primary disciplinary sanction - acts, written explanations of the employee, orders, etc.

2. An official (report) note about the employee’s repeated disciplinary offense

3. Written explanation from the employee

4. If the employee refused to give a written explanation - a corresponding act.

5. Employer’s act of termination of the employment contract

6. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

An employer’s act imposing a disciplinary sanction on an employee cannot be issued during the period:

1) temporary disability of the employee;

2) releasing the employee from work while performing state or public duties;

3) the employee is on vacation or between shifts;

4) the employee is on a business trip (Labor Code of the Republic of Kazakhstan)

If an employee submits knowingly false documents or information to the employer when concluding an employment contract, or transferring to another job, if genuine documents or information could be grounds for refusing to conclude an employment contract or transfer to another job

In case of violation of labor duties by the head of the executive body of the employer, his deputy or the head of the employer’s division (branches, representative offices and other divisions of the employer, determined by the employer’s act), resulting in causing material damage to the employer

Termination of an employment contract is carried out in compliance with the procedure for applying disciplinary sanctions provided for by the Labor Code of the Republic of Kazakhstan and the requirements of the Labor Code of the Republic of Kazakhstan (LC RK).

1. Document on internal investigation

2. Written explanation from the employee

3. Employer’s act of termination of the employment contract

4. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

An employer’s act imposing a disciplinary sanction on an employee cannot be issued during the period:

1) temporary disability of the employee;

2) releasing the employee from work while performing state or public duties;

3) the employee is on vacation or between shifts;

4) the employee is on a business trip (Labor Code of the Republic of Kazakhstan)

In case of termination of an employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan

The procedure for terminating the access of an official or citizen of the Republic of Kazakhstan to state secrets is defined in Article 31 of the Republic of Kazakhstan dated March 15, 1999 No. 349-I “On State Secrets”

1. Document providing grounds for termination of an employee’s access to state secrets

2. Employer’s act of termination of the employment contract

3. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of sending the act to the employee by mail within three working days

In the event of an employee’s absence from work for more than two months in a row due to temporary disability, with the exception of cases where the employee is on maternity leave, as well as if the disease is included in the list of diseases for which a longer period of disability is established, approved by the authorized state body in the field of health care

Termination of an employment contract on this basis is allowed after the employee presents a certificate of incapacity for work of the Labor Code of the Republic of Kazakhstan)

The list of diseases for which a longer period of disability is established was determined by the Government of the Republic of Kazakhstan dated December 4, 2007 No. 1171

“On approval of the list of types of diseases for which a period of temporary disability of more than two months can be established”

1. Certificate of incapacity for work

2. Employer’s act of termination of the employment contract

3. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of sending the act to the employee by mail within three working days

An employee who has lost his or her ability to work due to a work injury or occupational disease will retain his place of work (position) until his ability to work is restored or disability is determined (Labor Code of the Republic of Kazakhstan)

If an employee commits a corruption offense, which, in accordance with a judicial act that has entered into legal force, excludes the possibility of further work, except in cases expressly provided for by the laws of the Republic of Kazakhstan

Types of corruption offenses and responsibility for their commission are defined in the Republic of Kazakhstan dated November 18, 2015 No. 410-V

“On combating corruption”, as well as Art. 676-681 Code of Administrative Offenses of the Republic of Kazakhstan, art. 361-371 Criminal Code of the Republic of Kazakhstan

1. Judicial act on the commission of a corruption offense by an employee

2. Employer’s act of termination of the employment contract

3. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of sending the act to the employee by mail within three working days

If the employee continues to participate in the strike after the court decision declaring the strike illegal or suspending the strike has been brought to his attention

If the court recognizes a strike as illegal, the employer may bring to disciplinary liability the employees who took part in organizing or conducting the strike (Labor Code of the Republic of Kazakhstan)

1. Judicial act declaring a strike illegal or suspending the strike

2. Employer’s act of termination of the employment contract

3. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of sending the act to the employee by mail within three working days

In case of termination of powers of the head of the executive body, members of the collegial executive body of a legal entity, as well as in accordance with the Law of the Republic of Kazakhstan “On Joint-Stock Companies” of employees of the internal audit service and corporate secretary, by decision of the owner of the property of the legal entity or a person (body) authorized by the owner or authorized body of a legal entity

1. Decision of the owner of the property of a legal entity or a person (body) authorized by the owner or an authorized body of a legal entity

2. Act on termination of the employment contract

3. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of sending the act to the employee by mail within three working days

If the employee reaches retirement age established by the Law of the Republic of Kazakhstan “On pension provision in the Republic of Kazakhstan”

Termination of an employment contract is allowed upon the employee reaching retirement age established by the Law of the Republic of Kazakhstan “On Pensions in the Republic of Kazakhstan”, with notification to the employee at least one month before the date of termination of the employment contract, with payment of compensation in the amount determined by labor, collective agreements and (or) act of the employer (Labor Code of the Republic of Kazakhstan)

1. Notification of employees about termination of the employment contract

2. Employer’s act of termination of the employment contract

3. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of sending the act to the employee by mail within three working days

By mutual agreement of the parties to the employment contract, the employment contract with a retired employee can be renewed annually (Labor Code of the Republic of Kazakhstan)

If the employee is absent from work for more than one month for reasons unknown to the employer.

Termination of an employment contract is permitted if the employee fails to provide information about the reasons for absence within ten calendar days from the date the employer sends the employee an act of absence by letter of notification (Labor Code of the Republic of Kazakhstan)

1. Act on the employee’s absence from the workplace.

2. Postal notification of sending a report on the employee’s absence from the workplace to the employee’s place of residence.

3. Employer’s act of termination of the employment contract

4. If it is impossible to familiarize the employee personally with the employer’s act, a postal notification of the act being sent to the employee by mail within three working days

Also, in accordance with the Labor Code, an employment contract for part-time work can be terminated at the initiative of the employer if an employment contract is concluded with an employee for whom this work will be the main one. In addition to the grounds for termination of an employment contract at the initiative of the employer, defined in Article 52, the Labor Code contains additional grounds for the dismissal of certain categories of employees.

Art. 134 clause 4 of the Labor Code of the Republic of Kazakhstan

Seasonal workers

An employment contract with employees engaged in seasonal work may be terminated at the initiative of the employer in the following cases:

1) suspension of work at the employer for a period of more than two weeks for production reasons;

2) the employee’s absence from work for one month in a row due to temporary disability.

It is worth noting that, in accordance with the Labor Code, representatives of employees participating in the resolution of a collective labor dispute during the resolution of a collective labor dispute cannot be dismissed at the initiative of the employer without the prior consent of the body that authorized them to represent.

The procedure for formalizing the termination of an employment contract is defined in the Labor Code.

If an employee, in this case an accountant, cannot cope with his job responsibilities and is incompetent in his work, he may not be suitable for the position he holds. In this case, it is necessary to conduct certification of the employee. In the event of a negative result shown by the employee based on the results of certification, the employment contract with him can be terminated at the initiative of the employer on the basis of the Labor Code - if the employee does not correspond to the position held or the work performed due to insufficient qualifications (see Table). It is worth remembering that the Labor Code limits the termination of an employment contract on this basis during the period the employee is on leave, both on annual paid leave and on unpaid leave.

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Reproduction and other use is prohibited by the copyright holder.

The year 2016, which has just begun, has already brought its own troubles to some of our citizens. It would seem that the New Year holidays ended only a couple of days ago, and some are already preparing to look for a new job. In some cases, under the pressure of the economic crisis, enterprises find themselves on the verge of closure, and all employees, including management, are looking for an alternate airfield just in case. In others, someone is simply tired of their previous place of work, and the search for something new and unknown attracts brilliant prospects.

But the point is not even that, but the fact that potential applicants for a new job should familiarize themselves with at least some articles of the Labor Code of the Republic of Kazakhstan (LC), which came into force on January 1, 2016, so as not to get into trouble if necessary and to be fully armed.

There are several types of termination of an employment contract: at the initiative of the employer, at the request of the employee, by agreement of the parties, upon expiration of the contract, due to the employee’s inadequacy for the position held or the work performed due to health conditions, negative results of work during the probationary period, for other reasons, including liquidation, reorganization, bankruptcy of a legal entity (Article 52 of the Labor Code). Let's take a closer look at the first few options.

New rules: When an employer has the right to fire an employee

Be that as it may, despite various reasons, any dismissal is serious stress, even if a person leaves of his own free will. True, “one’s own desire” is also not entirely one’s own. It’s like in the old, well-known film “Sorcerers,” the director of NUINU, tired of the antics of the main negative character, unequivocally suggests to the latter: “Apolon Mitrofanovich, you too can make a wish... of your own free will.”

Drawing by Ibragim Kubekov

According to the new Labor Code in force since January 1, as noted by experts from Contract 24 LLP, how an employer has the right to dismiss an employee is described in detail in Art. 53 Labor Code of the Republic of Kazakhstan 2016 - “The procedure for terminating an employment contract at the initiative of the employer.” In particular, this article states that this, to put it mildly, trouble can happen:

in case of a decrease in production volumes, work performed and services provided, resulting in a deterioration in the economic condition of the employer;
if the employee reaches retirement age;
if an employee is absent from work for more than 1 month for a reason unknown to the employer.

It is curious that in previous versions of the Labor Code many of these points were not provided for at all.

The new document contains a clause according to which the employer can take the initiative to dismiss an employee if the latter has not passed a repeated knowledge test on health and safety issues or industrial safety.

At the same time, if previously a reasoned opinion of the trade union was required for a decision to terminate an employment contract due to staff reduction and inadequacy for the position held due to insufficient qualifications, now this requirement is simply excluded. Articles of the Labor Code of 2007, which state that the employer must take measures to transfer an employee to another job in the event of a reduction in staff or inconsistency with the position due to health conditions, were subject to a similar “circumcision.”

The article on compensation payments upon termination of an employment contract, if it was concluded to perform work contraindicated for health reasons, has also disappeared from the Labor Code. But trade unionists can show their concern for an employee who is about to reach retirement age. Previously, to terminate an employment contract with persons over 55 years of age and before reaching retirement age, a positive decision of a commission created from an equal number of representatives from the employer and employees was required.

With innovations, such consent of the commission is necessary only in case of termination of the employment contract due to a reduction in the number or staff of employees or the employee’s inadequacy for the position held, as well as with employees who have less than two years left before reaching retirement age (Article 53 of the Labor Code of the Republic of Kazakhstan 2016).

Let me remind you that in accordance with Art. 11 of the Law of the Republic of Kazakhstan "On pension provision in the Republic of Kazakhstan" the retirement age begins: for men - from 63 years old, for women - from 58 years old.

By the way, speaking about the termination of an employment contract at the initiative of the employer, you should pay closer attention to Art. 65 and 66 of the Labor Code of the Republic of Kazakhstan of 2016, which deals with disciplinary action, since the new procedure for terminating an employment contract is carried out in compliance with precisely this impact on the negligent employee. Thus, for an employee’s misconduct, the employer has the right to apply the following types of disciplinary sanctions: reprimand, reprimand, severe reprimand, termination of the employment contract on a number of points specified in Art. 52 new shopping malls. Among which is a rather impressive list of offenses, such as:

the employee being at work under the influence of alcohol, drugs, etc. and the employee’s refusal to undergo a medical examination;
theft by an employee at the place of work of (small) property of others, its intentional destruction or damage;
disclosure by an employee of information constituting state secrets and other secrets protected by law that became known to him in connection with the performance of his job duties... etc.

And finally, a spoonful of honey in a barrel of tar can be called a st. 113 Labor Code of the Republic of Kazakhstan 2016 - “Procedure and terms for payment of wages.” Previously, we already have payment options.

But this time we only note that if previously, in the event of a delay in the payment of wages or other payments due to the fault of the employer, the latter was obliged to correct the situation by paying the employee the arrears and a penalty, now the condition for accruing a penalty is retained only in relation to wages. Other payments are excluded.

Termination of an employment contract at the initiative of the employee

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On the day of termination of the employment contract, the employer is obliged to issue the employee a document confirming his labor activity (clause 1 of article 62 of the Labor Code of the Republic of Kazakhstan). At the request of the employee, the employer is obliged, within 5 working days from the date of application, to issue a certificate indicating the specialty (qualification, position), hours of work and wages, a recommendation containing information about the employee’s qualifications and his attitude to work. Most often, the document confirming the employee’s work activity is a work book. In this case, the employer makes an entry about the dismissal in the employee’s work book and issues it on the day of termination of the employment contract.).

The party that received the notification is obliged to inform the other party in writing of the decision made within 3 business days. If the party who received the notification gives a negative answer, the employment contract continues to operate as usual. If the party receiving the notice gives a positive response, the company proceeds to formalize the dismissal of the employee. The date of termination of the employment contract in this case is determined by agreement between the employee and the employer.

An interesting innovation here, perhaps, is clause 3, which deals with the possible payment of compensation if it is provided for in the employment contract. According to the Labor Code of the Republic of Kazakhstan 2016, there is no requirement for a compensation payment in the amount of at least the average salary for the year (as was the case before). But in the employment contract you can provide for any size.

Termination of an employment contract upon expiration of the term

In Art. 51 of the Labor Code of the Republic of Kazakhstan it is noted that an employment contract concluded for a certain period is terminated due to the expiration of its term. If, on the day of expiration of an employment contract concluded for a period of at least one year, a pregnant woman presents a medical report on pregnancy for a period of twelve or more weeks, or an employee who has a child under the age of 3 years, has adopted a child and wishes to use his right to unpaid leave to care for him, submits a written application to extend the term of the employment contract, the employer is obliged to extend the term of the employment contract until the end of the child care leave.

Often your employees give conflicting explanations for the same question.

Example:

Response from the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan dated September 11, 2011 (enbek.gov.kz)

If I am dismissed at my own request, under what article should I be fired??? I worked as a Level 5 Operator and was a foreman. What can I demand, what kind of entry in the employment record please tell me?

According to labor legislation, the employer’s act must necessarily indicate the basis for termination of the employment contract in accordance with this Code.

If you quit your job of your own free will, the employer’s order and your work record book must indicate subclause 4 of Art. 51 Labor Code of the Republic of Kazakhstan (termination of an employment contract at the initiative of the employee).

Spanish Sh. Moldabekova, chief expert

Response from the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan dated November 27, 2010 (enbek.gov.kz)

Dyusetaeva Asel Galymovna

Reply date: 2010-11-27

The employee wrote an application, asking to be fired from November 29 at his own request, will November 29 be reported as 8, and vacation pay will be counted until November 29, how to fill out an order and the second question, the employee wrote a statement of his own free will, which article is the correct one to dismiss, and if he wrote in the application? not on your own but by agreement of the parties? Thank you in advance

If the termination of the employment relationship was initiated by the employee, then, regardless of the text of the application, the basis for termination of the employment relationship will be the Labor Code of the Republic of Kazakhstan, i.e. at his own request and submits an application one month in advance.

At the same time, the legislation allows, by agreement between the employee and the employer, to terminate the employment contract before the expiration of the notice period. In your case, the last day of work will be November 28 and calculations will be carried out until November 28 inclusive.

Spanish Zhumagulov B.S.

Question:

Which one is right? Or should we decide for ourselves which answer to use?

It appears that any of your employees can answer questions without consulting a lawyer.

Or we can assume that by deliberately misleading us, they give the local inspection authorities the opportunity to fine us!

The grounds for termination of an employment contract are established by Article 51 of the Labor Code. So, according to this article, about The grounds for termination of an employment contract are:

1) termination of the employment contract by agreement of the parties;
2) expiration of the employment contract;
3) termination of the employment contract at the initiative of the employer;
4) termination of the employment contract at the initiative of the employee;
5) circumstances beyond the control of the parties;
6) the employee’s refusal to continue the employment relationship;
7) transfer of an employee to an elective job (position) or appointment to a position that excludes the possibility of continuing labor relations, except in cases provided for by the laws of the Republic of Kazakhstan;
8) violation of the terms of concluding an employment contract;
9) the grounds provided for in the employment contract concluded with the head of the employer’s executive body.

At the same time, Article 57 of the Code establishes order termination of the employment contract on the specified basis, i.e. at the initiative of the employee.

According to this article, an employee has the right, on his own initiative, to terminate an employment contract by notifying the employer in writing at least one month in advance, except for the cases provided for in paragraph 4 of this article.

By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the notice period provided for in paragraph 1 of this article.

The employee warns the employer in writing about the termination of the employment contract within the period specified in the application in cases where the termination of the employment contract is due to the impossibility of continuing work.

During the warning period provided for in this article, the employee has the right to withdraw in writing the application for termination of the employment contract.

Upon expiration of the warning period specified in this article, the employee has the right to stop working, and the employer is obliged to issue the employee with documents related to work activities and the monetary payments due to him.

For certain categories of employees, this Code provides for a special procedure for terminating an employment contract at the initiative of the employee.

Thus, in the act of the employer, when dismissing an employee on his initiative, clause 4) of Art. is established as the basis for termination of the employment contract. 51 of the Code.

Spanish Sh. Moldabekova, git