ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of March 26, 2020 No. 110

About approval of Rules of implementation of social payment to participants of system of compulsory social insurance and to the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) for whom tax agents pay compulsory pension contributions for emergency state

According to the subitem 4) Item 1 of the Presidential decree of the Republic of Kazakhstan on March 16, 2020 No. 286 "About measures for ensuring social and economic stability" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of social payment to participants of system of compulsory social insurance and to the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) for whom tax agents pay compulsory pension contributions for emergency state.

2. To department of policy of social insurance, basic social and provision of pensions of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Sarbasov A. A.

4. This order becomes effective from the date of its first official publication.

Appendix

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 26, 2020 No. 110

Rules of implementation of social payment to participants of system of compulsory social insurance and to the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) for whom tax agents pay compulsory pension contributions for emergency state

Chapter 1. General provisions

1. These rules of implementation of social payment to participants of system of compulsory social insurance and the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) for whom tax agents pay compulsory pension contributions for emergency state (further - Rules) are developed according to the subitem 4) of Item 1 of the Presidential decree of the Republic of Kazakhstan on March 16, 2020 No. 286 "About measures for ensuring social and economic stability" and determine procedure of social payment to participants of system of compulsory social insurance and to the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) for whom tax agents pay compulsory pension contributions for emergency state.

2. Social payment to participants of system of compulsory social insurance and to the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) for whom tax agents pay compulsory pension contributions for emergency state is performed from the State Social Insurance Fund (further - fund).

3. Social payment is performed on case of loss of the income in connection with restrictions of activities for action of emergency state (further - social payment) to the following categories:

1) to the individual entrepreneurs and workers of subjects of small and medium entrepreneurship who are on holiday non-paid;

2) to the workers of subjects of big business performing activities in settlements where the quarantine is entered, being on holiday non-paid;

3) No. 134 is excluded according to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of 15.04.2020

4) to persons who are engaged in private practice;

5) to physical persons, being payers of single cumulative payment according to article 774 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) (further - the payer of ESP);

6) to the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) for whom tax agents pay compulsory pension contributions (further - the physical persons gaining income under agreements GPH);

7) to workers of non-commercial legal entities (further - non-profit organizations) being on holiday non-paid, except state.

Action of subitems 1) and 2) of this Item does not extend to workers of legal entities whose shares and shares in the authorized capital directly or indirectly belong to the state, banks of the second level, the organizations performing separate types of banking activities.

4. The list of persons specified in subitems 1), 2) and 7) of Item 3 of these rules is determined by district (city) staffs concerning employment of the population (further - district (city) staffs) which part representatives of the interested state bodies, regional chamber of entrepreneurs of the Republic of Kazakhstan and territorial associations of labor unions based on information provided by payers of social assignments, except as specified when the application is submitted for purpose of social payment by workers or individual entrepreneurs pro se are.

Working body of the district (city) staff is the local body for questions of employment (further - working body).

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