The case in the court
After the intervention of the Chamber, the local company managed to avoid the administrative penalty
The representative of LLP “AktyubFarmTsentr” addressed to RCE in order to get assistance. The representative stated that in respect of the company was intiated an administrative case in Aktobe court.
It all began in the summer of 2015, when the LLP has been audited. It began at the request of a former employee of the company. A women, who was working at LLP as a cashier, was fired for absence from her working place. She was absent from work without valid reason for more than three hours. And when the management of LLP "AktyubFarmTsentr" dismissed her, she complained to the Department of Labour of the West Kazakhstan Region.
Agency's inspectors during the inspection found no violations of labor laws related to late payment of wages, unlawful orders on termination of employment contracts.
"The abovementioned information is confirmed by e-registration of audits in the automated information system "special records". At the end of the audit, LLP received a coupon of its completion with a note " no violations were detected", - said the representative to experts of RCE.
The plaintiff asked the court to cancel the order on her dismissal, to rehire her again, to collect wages during the forced absence, overtime, holidays and compensate for moral damage in the amount of 1 million tenge. The plaintiff’s statement by was considered at the court of Uralsk. The head of the company, of course, did not recognize the claim, saying that the employee's dismissal was not a violation. The ex-accountant received all the wages, which is confirmed by payroll, the plaintiff did not work overtime.
The court partially satisfied the claim of the plaintiff: she got wage arrears and 10 thousand tenge for moral damages.
"The court's decision did not satisfy her, and she complained to the prosecutor's office of WKR. The supervisory authority, in turn, submitted a request on elimination of violations of the law to the management of Labor Department of WKR, that is, sent it to the location of LLP "AktyubFarmTsentr" in Aktobe. The state labor inspector A. Bakhatov on the basis of the order of the prosecutor’s office of WKR against LLP "AktyubFarmTsentr" compiled the administrative report and issued a decision on bringing to administrative responsibility according to part 1 of article 87 of the Code of the Republic of Kazakhstan "On Administrative Offences" and sent for review to the administrative court of Aktobe.
Director of the company came to us and asked to assist in protecting the rights and representation of LLP’s interests in the court. As a representative of big business, LLP may be punished by a fine of 100 MCI. As a result, the case was dismissed for lack of an administrative offense", - said the head of RCE Ruslan Kuyshinov.
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