Dismissal of the RKG at his own request. Dismissal at your own request

Any employee has the right to terminate an employment contract on his own initiative, observing the rules the procedure provided for Article 56 of the Labor Code of the Republic of Kazakhstan. An employee who wishes to resign of his own free will must notify the employer in writing.at least 1 month in advance, ifa longer period is not specified in the employment contract. The exceptions are:

cases of failure by the employer to comply with the terms of the employment contract. Under such conditions, 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 (clause 3 of Article 56 of the Labor Code of the Republic of Kazakhstan);
Workers engaged in seasonal work have the right to terminate an employment contract on their own initiative by notifying the employer in writing 7 calendar days in advance (clause 5 of Article 134 of the Labor Code of the Republic of Kazakhstan).

The document with which the employee warns the company about the upcoming dismissal is the Application. Labor legislation does not directly establish the form of such an application. This may be a Letter of Dismissal or a Statement of Termination of an Employment Contract.It is drawn up in any form, by hand, addressed to the head of the company or other official authorized to make decisions on dismissal. An employment contract at the initiative of the employee may be terminated before the expiration of the notice period, with the written consent of the employer.

Upon expiration of the notice period, 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 (clause 5 of Article 56 of the Labor Code of the Republic of Kazakhstan).

Termination of an employment contract is formalized by an Order, which must indicate the basis for termination of the employment contract (Article 61 of the Labor Code of the Republic of Kazakhstan).A copy of this order is given to the employee within 3 working days from the date of publication. If for some reason the company is unable to deliver it personally, it is sent to the employee by mail with notification(clause 3 of article 61 of the Labor Code of the Republic of Kazakhstan). Unotification in this case is a service of the postal service, according to which it notifies the sender of the receipt of the postal item by the recipient.

Labor legislation provides for cases when the termination of an employment contract does not require the issuance of an order (clause 1 of Article 61 of the Labor Code of the Republic of Kazakhstan):

in the event of the death of an employer - an individual;
if the court declares an individual - the employer dead;
if the court recognizes the individual - the employer as missing;
upon termination of an employment contract with domestic workers.

Many HR workers have a question: is it necessary to sign an Agreement on Termination of the Employment Contract with the employee?In accordance with paragraph 1 of Article 61 of the Labor Code of the Republic of Kazakhstan, termination of an employment contract is formalized by an act of the employer.That is, when dismissing an employee, the company does not need to enter into a separate written agreement with the employee on the termination/termination of the employment contract. An order/instruction to dismiss an employee is a sufficient document confirming the termination of the employment contract.If the parties additionally sign an Agreement on Termination of the Employment Contract, this will not constitute a violation.

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 an employee (including a former employee), the employer is obliged, within five working days from the date of application, to issue a certificate indicating the specialty (qualification, position), hours of work and wages, a reference-recommendation containing information about the employee’s qualifications and his attitude towards work, as well as other documents provided for in Article 35 of the Labor Code of the Republic of Kazakhstan. 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.

No later than 3 working days from the date of termination of the employment contractthe company is obliged to pay the employee wages and compensation for unused days of annual leave (if the employee has such unused days) (Article 96, paragraph 2, paragraph 4 Article 113 of the Labor Code of the Republic of Kazakhstan).

Dear users! The information in the article complies with the legislation of the Republic of Kazakhstan in force at the time (date) of publication.

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

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

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 staff)

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 established by legislative acts 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.

This material is subject to copyright.

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 experts from Contract 24 LLP note, 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, 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

Date of reply: 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.

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.

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

You're no longer happy with your job, you've planned to move, or you've simply found a better place. All this is a reason to write a letter of resignation of your own free will. But remember: you won't be fired that day. According to the legislation of the Republic of Kazakhstan you have to work another whole month! So that the company has time to find a replacement for you.

There is no such concept of “working off” in the legislation. Paragraph 1 of Article 56 of the Labor Code of the Republic of Kazakhstan states “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.”. This period may be longer. If the employee and employer have stated this in the employment contract.

This period may be shorter for two reasons. First: failure by the employer to comply with the terms of the contract. Then the employee puts all his dissatisfaction with the employer in writing and waits a week. If the terms of the contract continue to be violated, he writes a new letter to management, a letter of resignation, but not a month, but three days before the expected dismissal.

The second reason: employee and employer can simply agree. And then the person will be fired when he needs it. This will be called “termination of an employment contract by agreement of the parties”. Please note that this is inconvenient for the employer: he needs to urgently pay you, fill out and issue a work book. But, if you find a common language, you can be fired on the day you submit your application.

Is it possible not to “work” for a month?

We have already written - it is possible if you agree with the authorities. If you simply decide not to show up because you “are quitting anyway,” this will be considered a violation of labor laws. So, while you are “working off”, you may be fired. But not of his own free will, but according to the article. For example, for absenteeism.

Is it possible to write a statement and then go on vacation?

Can. Both vacation and sick leave are officially counted towards you as work experience. That is, if you are on vacation or sick, you are still at work. That’s why it’s so popular to write an application before going on vacation, relax for 2 weeks, and then finish things up in your old place for 2 weeks.

How to write?

The application must contain the full name and position of the person you are applying to (manager), and your position and full name. This is indicated in the upper right corner. Next should follow the main request: “I ask you to fire me of your own free will...
In order to correctly write a resignation letter, you need to:

take a standard sheet of A4 paper;
write in the upper right corner the full name of the position and full name of the person to whom the application is addressed (in the dative case) and indicate your position and full name (in the genitive case);
under the “header” in the center we write the name of the document “application” (in small letters);
Under the title, we write the text of the application itself with a capital letter: “I ask you to dismiss me from my position at my own request on September 10, 2016.” You can add “In accordance with Article 56 of the Labor Code of the Republic of Kazakhstan”;
below and to the left under the text of the application you should put the date of writing, and below and to the right - a signature with a transcript.

Sample:

What dates should I set?

The date in the text of the application (when you "to be dismissed from one's position") must be written, counting the month from the date of submission of the application. If, for example, you submit your application on August 10, indicate the dismissal date as September 10.

In the main text, it is better not to write “from September 10...” The preposition “with” confuses the reader: either you want to no longer work on this date, or you expect that this day will be your last working day. Or write “September 10 is considered the last working day”, then everything will be clear.

Be sure to include the submission date. If you wrote an application on one day and submitted it on another, then the month will start counting from the day following the day the employer received the application. Wrote 10 and submitted 10? The countdown starts from 11. You wrote 10, submitted 11? The countdown will start from 12.

What to do if the application is not accepted?

If the employer does not accept the application or refuses to mark its receipt, then the application for dismissal can be sent by registered mail or telegram. The date he receives it will be considered the date of your notice of termination. This is where the monthly countdown will begin.

What to do if you don't get fired?

You’ve worked for a month, they don’t give you a paycheck, and you don’t have your work book. You go to your boss, and he says, “I didn’t see any application, I didn’t sign anything...” If you don’t have a second copy with his signature or a photocopy left in your hands, you most likely won’t be able to prove that you submitted an application. We need to write something new.

If the application has been received, and you can prove it, you don’t have to go to work after the due date. If the employer did not have time to issue you a work book and salary, that is his problem. You can demand compensation from him.

The only case specified in the Labor Code when you are not fired on time is incomplete acceptance and transfer of property and documentation due to the fault of financially responsible persons.

Is it possible to “change your mind”?

Can. Until the last day of the month that you “work off.” But this also needs to be done not in words, but in writing, to record the fact of filing an application. But the decision to keep you or not will be made by the employer. A notice of dismissal may be withdrawn only by agreement of the parties.