The norm that obliges the employer to provide information on all vacant workplaces was discussed at the "Atameken" site.

At the meeting of the Committee for Social Sphere and Social Partnership of the Presidium of NCE RK "Atameken", employers discussed the norm of Article 28 of the Law of the Republic of Kazakhstan "On Employment", obliging the employer to provide information about all free work places in employment centers. The event was attended by representatives of the Association of Large, Medium and Small Business and other interested persons.

The director of the employment department of NCE RK "Atameken" Naila Mukhtarova noted that "Atameken" actively participates in the transformation of employment centers. She also noted the need to strengthen the institution of private employment agencies.

"One of the topical issues is the provision of the Employment Law, which obliges the employer to provide information about the emerged vacancies within 3 working days from the date of their appearance. According to this rule, the employer is obliged to send to the employment center information on the availability of vacant workplaces within three working days from the date of their appearance, indicating the conditions of work and payment. During meeting with the HR unit of enterprises, as well as on the basis of the survey of employers, it is established that this provision of the Law is ineffective and formal", - said the director of the Employment Department of NCE RK" Atameken ".

According to the results of a survey conducted by the National Chamber, a low awareness of small businesses about this norm was revealed. Out of 100 respondents, 77 small business subjects answered that they do not know this norm. In addition, out of 23 small business subjects, 19 said they did not have the experience of submitting reports to EC.

Out of 100 respondents, 81 medium-sized businesses responded that they know the norm and only 50% of respondents answered that they had experience in providing information to EC. At the same time, only 10 subjects answered that EC sent a suitable candidate to the vacancy. As for large enterprises, out of 48 large enterprises interviewed, 23 said they had submitted a report to the Center. At the same time, only 2 organizations had the desired candidates.

Murat Abenov, Chairman of the Committee for Information and Communication Technologies, Education and Innovation of the Presidium of NCE, believes that the history of the appearance of the norm was connected with the power of the state economy, when everything was in the hands of the state.

"Now the situation has changed, more rights are given to the employer. We need a free labor market so that business develops. Selection of personnel, namely competitive personnel - the basis of business. In business there is a kind of "hunt for personnel". Therefore, sending some employees is an out of date methods and an incorrect one. They can take a trade secret or maybe the entrepreneur has cut staff, but he does not intend to take anyone. Obstacles are created, the norm is conceptually contrary to the code that is adopted. The norm aggravates social conflicts and tension", - Murat Abenov assured.

It is worth noting that today the employer's violation of the legislation of the Republic of Kazakhstan on employment of the population entails a penalty in the amount of ten monthly calculated indicators (Article 98). While employers do not see a real impact on it. President of ALE "Kazakhstani Association of Entrepreneurs and Services" Ermek Abildin added that this norm exists for 20 years and during this time there was no feedback.

"In addition, Article 98 of the Administrative Code provides for a fine for a repeated offense - not the provision of tax reporting. It is necessary to introduce the principle of smart regulation. At the moment, in the conditions of high turnover of personnel, the fulfillment of this norm is impossible. The norm of the Law obliging employers to provide information about vacancies is formal and is not working", - Yermek Abildin believes.

Deputy Director of the Department of Small and Medium Business Development Irina Tyugina supports the formality of this norm.

"Even if an entrepreneur submits a report, he gets nothing back. In addition to additional costs, this norm does not benefit business. Employment centers do not work efficiently, a good initiative is to collect an electronic database. SMEs should be able to place their needs and select personnel themselves. With this task, businesses are doing quite well", - Irina Tyugina said.

Deputy Executive Director of the Association of Mining and Mining and Metallurgical Enterprises Bibigul Malgadzharova stressed that entrepreneurs of the mining and metallurgical industry are engaged in providing information on free vacancies, but do not receive the due response back and tasks. The participants of the event unanimously supported the inefficiency and non-expediency of the "Norm of Article 28 of the Law of the Republic of Kazakhstan "On Employment of the Population".

Talgat Doskenov, Chairman of the Social Sphere and Social Partnership Committee of the Presidium of NCE RK, summed up that "at present, with the purpose of freeing employers from formal reporting, we are considering the issue of amending the legislation".

Let us recall that the provision on the employer's obligation to provide information on all vacant jobs (vacancies) was introduced in 1998 by the Law of the Republic of Kazakhstan "On employment of the population" (Article 18), subsequently provided by the Law of RK dated by January 23, 2001 "On employment" (article 9), and also provided by the Law of the Republic of Kazakhstan dated by April 6, 2016 "On employment of the population" (Article 28).