Bona fide employers won’t be inspected
The state will trust more to employers by minimizing monitoring of compliance to labor laws
This norm is contained in the draft Labour Code, approved by deputies at the plenary session of the Mazhilis. During the introduction of the document, the Minister of Health and Social Development Tamara Duysenova noted that the draft law simplifies the procedures for the recruitment, transfer and dismissal of employees. The document also specifies the basic labor guarantees and rights of employees with the possibility of extension through negotiated individual, collective agreements and contracts, it stipulates how to protect their rights and interests. In addition, labor inspectorates will minimize the reporting data for bona fide employers.
"If the employer provides a voluntary declaration that complies with all the requirements of the labor legislation, and local executive bodies define it as a true statement, the law stipulates that there will be no planned inspections for a period of three years", - said the Minister. But in the case of receipt of signals about illegal activities at the enterprises, labor inspectors will come for an inspection.
A number of other regulations were introduced by developers, which can be called anti-crisis ones. For example, the employer offered to set the period of temporary movement of workers for the entire period of downtime the company (instead of one month) in order to save the jobs. It is also allowed to transfer employees in the event of downtime of the company at any available job, which doesn’t risk health condition. Upon termination of a contract by the employer with reference to "the decline in production, works and services, which caused deterioration of the economic condition of the organization", the employee is given the right to demand an explanation on what basis he is fired. The draft law states that the reduction of workers is possible only in the occurrence of the circumstances. The closure of the structural unit, the inability to transfer the employee to another job, the written notice, should be addressed to the labour union not less than one month with the indication of economic reasons, the grounds for termination. In these cases, workers are entitled to receive compensation, amounting to two monthly salaries, according to the draft law.
Zhanar Serdalina
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