There are new changes in the field of employment legislation in the Republic of Kazakhstan, the main ones are the establishment of a four–day working week at the enterprise and the conduct of unscheduled inspections by the labour inspectorate on new grounds.
ESTABLISHMENT OF A FOUR-DAY WORKING WEEK
Starting from July 1, 2023, the organization, by agreement of the parties, allows the establishment of a four-day working week with the right to alternate with a five-day or six-day working week. This means that one week the company can work according to the schedule of a four–day working week, the second one - according to the schedule of a five-day working week and further, alternating this order in accordance with its internal regulations.
At the same time, Sunday will be considered a common day off. The second or third day off for a four-day or five-day working week, respectively, should be established by a collective agreement, Internal Regulations or an employment contract with an employee.
The standard working time will not change and will remain equal to 8 hours (if such a standard is established in the company's Internal Regulations).
It is a right, not an obligation, to apply this procedure. Therefore, organizations can continue to work with the work schedule that they currently have.
Please be reminded that according to the current norms of the Labour Code of the Republic of Kazakhstan, the company may establish:
CONDUCTING UNSCHEDULED LABOUR INSPECTIONS ON NEW GROUNDS
Starting from May 22 of this year, companies may be assigned an unscheduled labour inspection with preventive control in the absence of:
The list of companies with violations in this area will be formed automatically based on the data of the information systems of the supervisory authorities of the Republic. The verification period is the previous calendar year. If the company has no violations, then such a visit is not allowed to it.
Upon initial detection of a violation, companies will be faced a warning and the issuance of an appropriate order for its elimination. In case of repeated violation, an administrative fine is imposed.
The criteria for assessing the degree of risk for compliance with the employment legislation of the Republic of Kazakhstan are supplemented with subjective criteria.
The determination of subjective criteria is carried out using the following steps:
The following sources of information are used to assess the degree of risk:
The analysis and assessment of subjective criteria allow to concentrate the preventive control of the subject (object) of control with respect to the subject (object) of control with the greatest potential risk.
Based on the priority of the information sources used and the significance of the figures of subjective criteria, a figure of the degree of risk according to subjective criteria is calculated on a scale from 0 to 100 points.
According to the figures of the degree of risk according to subjective criteria, the subject (object) of control refers to:
Companies with high and medium degrees of risk are checked not more than twice a year.
In the matters of the application of the employment legislation of the Republic of Kazakhstan and the organization of labour regulations in the company, please contact Acsour specialists.
ESTABLISHMENT OF A FOUR-DAY WORKING WEEK
Starting from July 1, 2023, the organization, by agreement of the parties, allows the establishment of a four-day working week with the right to alternate with a five-day or six-day working week. This means that one week the company can work according to the schedule of a four–day working week, the second one - according to the schedule of a five-day working week and further, alternating this order in accordance with its internal regulations.
At the same time, Sunday will be considered a common day off. The second or third day off for a four-day or five-day working week, respectively, should be established by a collective agreement, Internal Regulations or an employment contract with an employee.
The standard working time will not change and will remain equal to 8 hours (if such a standard is established in the company's Internal Regulations).
It is a right, not an obligation, to apply this procedure. Therefore, organizations can continue to work with the work schedule that they currently have.
Please be reminded that according to the current norms of the Labour Code of the Republic of Kazakhstan, the company may establish:
- a five-day working week with two days off;
- a six-day working week with one day off, if the introduction of a five-day working week is impractical;
- a part-time working week by written agreement of the parties.
CONDUCTING UNSCHEDULED LABOUR INSPECTIONS ON NEW GROUNDS
Starting from May 22 of this year, companies may be assigned an unscheduled labour inspection with preventive control in the absence of:
- contracts of compulsory insurance of an employee against accidents in the performance of their work duties;
- information on the official website of the electronic labour registry office (enbek.kz) on the conclusion and termination of an employment contract with an employee, amendments and additions to its containing information about the employee, the details of such an agreement, and so on.
The list of companies with violations in this area will be formed automatically based on the data of the information systems of the supervisory authorities of the Republic. The verification period is the previous calendar year. If the company has no violations, then such a visit is not allowed to it.
Upon initial detection of a violation, companies will be faced a warning and the issuance of an appropriate order for its elimination. In case of repeated violation, an administrative fine is imposed.
The criteria for assessing the degree of risk for compliance with the employment legislation of the Republic of Kazakhstan are supplemented with subjective criteria.
The determination of subjective criteria is carried out using the following steps:
- database formation and information collection;
- information analysis and risk assessment.
The following sources of information are used to assess the degree of risk:
- results of monitoring of reporting and information provided by the subject of control;
- results of previous inspections and preventive control with visits to the subjects (objects) of control.
The analysis and assessment of subjective criteria allow to concentrate the preventive control of the subject (object) of control with respect to the subject (object) of control with the greatest potential risk.
Based on the priority of the information sources used and the significance of the figures of subjective criteria, a figure of the degree of risk according to subjective criteria is calculated on a scale from 0 to 100 points.
According to the figures of the degree of risk according to subjective criteria, the subject (object) of control refers to:
- a high degree of risk – with a figure of the degree of risk from 71 to 100 inclusively;
- a medium degree of risk – with a figure of the degree of risk from 31 to 70 inclusively;
- a low degree of risk – with a figure of the degree of risk from 0 to 30 inclusively.
Companies with high and medium degrees of risk are checked not more than twice a year.
In the matters of the application of the employment legislation of the Republic of Kazakhstan and the organization of labour regulations in the company, please contact Acsour specialists.
