Basic rights and obligations of the employee

Participants in labour relations. Basic rights and obligations of the employee and of the employer

The participants in labour relations are the employee and the employer.

The head of a branch or representative office of a foreign legal entity exercises all the rights and fulfills all the obligations of the employer on behalf of the given legal entity. Individuals and legal entities represent the interests of employees or of the employer within the bounds of the powers assigned to them on the basis of regulatory and legal acts, court rulings, as well as of constituent documents or powers of attorney.

The employee shall have the right to:

1) conclude, amend, supplement and cancel an employment contract in the manner and on the conditions envisaged by Labour Code;

2) demand that the employer fulfill the conditions of the employment contract and the collective bargaining agreement;

3) labour protection and labour safety;

4) receive full and true information about the working conditions and labour safety;

5) timely and full payment of wages in accordance with the conditions of the employment contract and the collective bargaining agreement;

6) payment for idle time in accordance with Labour Code;

7) rest, including annual paid vacation;

8) association, including the right to create a trades union or other association, and be a member thereof for the purpose of representation and protection of his labour rights, unless otherwise envisaged by the laws of the Republic of Kazakhstan;

9) participate through his representatives in collective bargaining negotiations and in elaboration of the draft collective bargaining agreement, and to familiarise himself with the signed collective bargaining agreement;

10) professional training, further training and raising of qualification in the manner envisaged by Labour Code;

11) recompense for harm caused to his health in connection with fulfilment of job duties;

12) mandatory social insurance in cases envisaged by the laws of the Republic of Kazakhstan;

13) guarantees and compensation payments;

14) protection of his rights and lawful interests by all manners not in contravention of the law;

15) equal payment for equal labour without any discrimination;

16) referral of a labour dispute to a mediation commission or court of law, at his own choice;

17) a work place equipped in accordance with the requirements of labour protection and labour safety;

18) provision with personal and collective means of protection and special clothing in accordance with the requirements envisaged by the legislation of the Republic of Kazakhstan on labour protection and labour safety, as well as the employment contract and collective bargaining agreement;

19) refuse to perform work in a situation jeopardising his health or life, with notification of his immediate manager or the employer’s representative to this effect;

20) retention of his average wage during suspension of the work of the organisation as a result of failure to comply with labour protection and labour safety requirements;

21) apply to the state labour authority or its territorial subdivisions for investigation of the labour protection and labour safety conditions at the work place, as well as at representative participation in the investigation and consideration of issue connected with improving working conditions, labour protection and labour safety;

22) appeal against actions (inaction) on the part of the employer in the sphere of labour protection and labour safety;

23) payment for labour in accordance with his qualification, the complexity of the work, the quantity and quality of the work performed, as well as the working conditions;

24) participation in management of the organisation in forms envisaged by Labour Code, other laws of the Republic of Kazakhstan and the collective bargaining agreement;

25) resolution of individual and collective labour disputes, including the right to strike, in the manner established by Labour Code and other laws of the Republic of

Kazakhstan.

The employee shall:

1) perform his job duties in accordance with the employment contract, collective bargaining agreement,

and acts of the employer;

2) observe labour discipline;

3) observe the requirements of labour protection and labour safety, fire safety and production hygiene at the work place;

4) take care of the property of the employer and of employees;

5) inform the employer of any situation jeopardising human life and health, safekeeping of property of the employer and of employees, as well as threatening occurrence of idle time;

6) not divulge information constituting state secrets, official, trade or other secrets protected by law that becomes known to him in connection with performance of his job duties;

7) reimburse the employer for harm caused, within the limits established by Labour Code.

Дата добавления: 2014-10-17