Labour legislation of the Republic of Kazakhstan. Practical issues taking into account all the latest amendments

Programme

Subjects of labour law

• Concept and classification of subjects of labour law
• Citizens as subjects of labour law
• Legal status of the employer. Trade unions as subjects of labour law
• The work collective. State bodies as subjects of labour law

Concept, content and parties of the employment contract

• The employment contract. Concept, content and essence of the Employment Contract
• The job function under the employment contract (position, speciality, profession)
• Parties to the Employment Contract. Procedure for concluding the Employment Contract. Term of the Employment Contract
• Transfers to another job. Rescission of the Employment Contract on the initiative of the employee or the employer. Procedure for rescinding the employment contract
• Grounds for termination and rescission of the employment contract. Termination of the employment contract due to circumstances beyond the parties' control

Case studies

Legal regulation of the work of certain categories of employees

• Legal regulation of employment relations of certain categories of employees
• Employment relations with seasonal workers, domestic and home-based workers, rotational (fly-in fly-out) workers and part-time workers
• Regulation of the work of civil servants
• Employment relations with persons under eighteen, with persons with disabilities, and with public sector employees
• Employment relations with employees engaged in heavy work and work with harmful (especially harmful) and (or) hazardous working conditions
• Specifics of regulating the work of employees of small businesses, and of heads and members of the collegial executive body of a legal entity

Working time and rest time

• Concept and types of working time. Recording working time. Working time arrangements
• Reduced working hours for certain categories of employees. Part-time work
• Flexible working time. Cumulative recording of working time. Overtime work. Exceptional cases where overtime is allowed without the employees' consent. Night work
• Concept and types of rest time. Public holidays and days off. Work on days off and public holidays. Types of leave and their duration
• Calculating the duration of paid annual leave. Calculating the length of service giving entitlement to paid annual leave. Recall from paid annual leave. Social leave

Wages and compensation payments

• The concept of wages. Principles of remuneration
• Wage rate setting. Time-based pay
• The unified tariff and qualification guide. The piece-rate form of pay (its systems)
• Bonuses. Payment for overtime, night work and work on public holidays (days off)
• Compensation payments

Labour discipline

• Concept and methods of strengthening labour discipline. Legal support of labour discipline
• Internal work rules. Incentive measures and the procedure for applying them
• Disciplinary sanctions. Procedure for applying and appealing disciplinary sanctions
• Time limits for imposing disciplinary sanctions. Disciplinary liability of employees

Material liability of the parties to the employment contract

• Material liability for harm caused by one of the parties to the employment contract
• Concept and conditions for material liability to arise
• Procedure for and amount of compensation for material damage
• Compensation for harm caused to an employee by injury or other damage to health
• Full material liability of employees. Limits of the employee's material liability

Labour disputes

• Labour disputes. Concept and classification of labour disputes
• Bodies for considering labour disputes. Conciliation commissions — procedure for formation, competence and time limits for applying to bodies for considering labour disputes
• Enforcement of the conciliation commission's decisions
• Consideration of labour disputes in court. Consideration of labour disputes under a special procedure — disputes of senior officials elected, confirmed or appointed to their positions by the republic's highest bodies of state power and administration
• Resolving collective labour disputes. The right to strike. Labour arbitration

Review and discussion of cases