On March 11, 2012 became effective the Law of the Republic of Kazakhstan No. 566-IV dated February 17, 2012 “On Entering Amendments and Additions to the Labor Code of the Republic of Kazakhstan”.
Among the amendments and additions to the Labour Legislation, please pay attention to the following:
Supplemented paragraph 1 of Article 31 of the Labour Code, according to which for the conclusion of a labour agreement it is additionally required to claim a certificate of presence or absence of a conviction, in case of conclusion of the labour agreement in the field of education, nurturing, recreation and health, physical culture and sports, medical support, social services, art and culture with the participation of minors.
In paragraph 2 of Article 210 of the Labor Code there has been made a clarification that the employer is obliged to arrange meals for employees working on a rotational basis for their vital activity.
According to the new edition of paragraph 2 of Article 212 of the Labor Code, the duration of the rotation may not exceed fifteen calendar days. At some sites the duration of the rotation with the written consent of the employee may be increased to thirty calendar days in accordance with the labor and (or) collective agreement.
The Labor Code is supplemented by Article 40-1, which regulates the procedure of positions overlapping, namely, with the written consent of the employee, the employee may be entrusted, along with the work specified in the labour agreement, to perform additional work on the other or the same position for additional fee in accordance with Article 131 Labor Code.
Extra work assigned to the employee for the other position can be performed by positions overlapping. Extra work assigned to the employee for the same position can be performed by the expansion of service areas. For the duties of a temporarily absent employee, without release from work established by the labour agreement the employee may be assigned additional work as on the other and the same position.
The period during which the employee will perform the additional work, its content and scope shall be established by the employer with the written consent of the employee.
The employee shall have the right in advance to refuse from the additional work and the employer – prematurely cancel the order for its performance, notifying the other party in writing not later than three working days.
The Labour Legislation introduced the concept of remote operation. According to Article 221-1 of the Labor Code, the remote operation is a special form of the labor process beyond the location of the employer with application in the working process of information and communication technologies.
Further, in accordance with Article 221-2 of the Labor Code, the employer gives the employee means of communication, and bears the cost of their installation and maintenance. In the case where an employee uses its own means of communication on an ongoing basis, the employer shall pay compensation, the amount and payment procedure of which are established by agreement with the employee. By agreement of the parties the other costs can be also reimbursed to the remote employee, which are associated with the performance of work for the employer (the cost of electricity, water, etc.). Methods and frequency of working relationships with the employer of the employee shall be determined in the labour agreement.
Employees at the remote operation shall be covered with norms of working hours and rest period established by the Labor Code.
In connection with the addition of the Labor Code by Article 320-1, the issue of attestation of production facilities is regulated in reasonable detail in terms of labor conditions.
Amendments and additions were made in re occupational health and safety at the plant, regulation of employees’ demands for the establishment and changes of conditions and remuneration of labour, for the conclusion, amendment and implementation of collective bargaining agreements and accords between employees and employers, as well as issues of strikes.
