Basic rights and obligations of the employer

The employer shall have the right to:

1) free choice of hiring;

2) amend, supplement or cancel employment contracts with employees in the manner and on the grounds established by Labour Code;

3) issue acts of the employer within the bounds of its authority;

4) create and join associations for the purpose of representation and protection of its rights and interests;

5) require employees to fulfil the conditions of employment contracts, collective bargaining agreements, internal labour rules and other acts of the employer;

6) give incentives to employees, impose disciplinary sanctions and hold employees materially liable in cases and in the manner envisaged by Labour Code;

7) recompense for harm inflicted by an employee in performance of his job duties;

8) appeal to a court of law for the purpose of protecting its rights and lawful interests in the sphere of labour;

9) set a probation period for the employee;

10) recompense for expenditures connected with training the employee, if this is stipulated by the conditions of the employment contract.

The employer shall:

1) observe the requirements of the labour legislation of the Republic of Kazakhstan, agreements, collective bargaining agreements, employment contracts, and acts issued thereby;

2) when hiring, conclude employment contracts with employees in the manner and on the conditions established by Labour Code;

3) exercise internal control over labour protection and labour safety;

4) provide the employee with the work prescribed by the employment contract;

5) pay the employee wages and other payments envisaged by the regulatory and legal acts of the Republic of Kazakhstan, the employment contract, collective bargaining agreement, and acts of the employer in a timely manner and in full;

6) familiarise the employee with acts of the employer and the collective bargaining agreement;

7) provide the employees’ representatives with full and accurate information, as required for conducting collective bargaining negotiations, concluding collective bargaining agreements, and monitoring their performance;

8) consider proposals submitted by employees’ representatives, hold collective bargaining negotiations and, in the manner established by Labour Code, conclude a collective bargaining agreement;

9) provide to employees with working conditions in accordance with the labour legislation of the Republic of Kazakhstan, employment contracts and collective bargaining agreements;

10) provide employees with equipment, tools, technical documentation and other means necessary for performance of their job duties at its own expense;

11) fulfill instructions issued by state labour inspectors;

12) halt work if its continuation creates a threat to the life or health of the employee and other persons;

13) undertake mandatory social insurance of employees;

14) insure civil law liability for causing harm to the life and health of the employee in fulfillment thereby his job duties;

15) provide the employee with annual paid vacation;

16) ensure the safekeeping and submission to the state archives of documents confirming the labour activities of employees, and information on withholding and payment of funds for their pension provision;

17) warn the employee of harmful (particularly harmful) and (or) hazardous working conditions and the possibility of occupational disease;

18) take measures to prevent risks at the work place and in manufacturing processes, and perform preventive work in consideration of production and scientific and technical progress;

19) precisely record time worked by each employee, including overtime, under harmful (particularly

harmful), hazardous working conditions, and doing heavy work;

20) provide employees with occupational training, retraining and raising of their qualifications in accordance with Labour Code;

21) provide recompense for harm caused to the life and health of the employee, in accordance with the legislation of the Republic of Kazakhstan;

22) allow officials of the state labour authority and of territorial subdivisions of the state labour authority, employees’ representatives and public labour safety inspectors with unimpeded access for checking on labour protection, working conditions and labour safety in organisations and observance of the legislation of the Republic of Kazakhstan on labour protection and labour safety, as well as for investigating industrial accidents and occupational diseases;

23) demand, at the time of hiring, the documents necessary for concluding an employment contract in accordance with article 31 of Labour Code.

Дата добавления: 2014-10-17