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

of June 16, 2022 No. 205

About some questions of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan

(as amended on 18-08-2022)

In compliance with item 4 of the order of the Government of the Republic of Kazakhstan of March 16, 2022 No. 128 "About some questions of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan" and the subitem 2) Item 1 of the order of the Government of the Republic of Kazakhstan of September 1, 2021 No. 590 "About some questions of the organization of activities of state bodies and their structural divisions" PRIKAZYVAYU:

1. Approve:

1) provision of republican public institution "Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan" according to appendix 1 to this order;

1-1) provisions of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the area Abay" according to appendix 1-1 to this order;

2) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Akmola area" according to appendix 2 to this order;

3) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the Aktyubinsk region" according to appendix 3 to this order;

4) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across Almaty region" according to appendix 4 to this order;

5) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Atyrau area" according to appendix 5 to this order;

6) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the West Kazakhstan region" according to appendix 6 to this order;

7) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Jambyl area" according to appendix 7 to this order;

7-1) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Zhet_su's area" according to appendix 7-1 to this order;

8) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the Karaganda region" according to appendix 8 to this order;

9) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the Kostanay region" according to appendix 9 to this order;

10) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Kyzylorda area" according to appendix 10 to this order;

11) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across Mangystau Region" according to appendix 11 to this order;

12) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the Pavlodar region" according to appendix 12 to this order;

13) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the North Kazakhstan area" according to appendix 13 to this order;

14) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the Turkestan region" according to appendix 14 to this order;

14-1) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Ulytau's area" according to appendix 14-1 to this order;

15) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan across the East Kazakhstan region" according to appendix 15 to this order;

16) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the city of Almaty" according to appendix 16 to this order;

17) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on Nour-Sultan's city" according to appendix 17 to this order;

18) provision of republican public institution "Department of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan on the city of Shymkent" according to appendix 18 to this order.

2. To Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan and heads territorial the division of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan according to the procedure established by the legislation of the Republic of Kazakhstan to provide to the chairman:

1) taking measures according to the Law of the Republic of Kazakhstan "About state registration of legal entities and accounting registration of branches and representations";

2) the direction of the copy of this order in the Kazakh and Russian languages in the republican state company on the right of economic maintaining "The republican center of legal information" for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan.

3. Recognize invalid some orders of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan and the acting minister of work and social protection of the population of the Republic of Kazakhstan according to appendix 19 to this order.

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

5. This order becomes effective from the date of its signing.

Minister

T. Duysenova

Appendix 1

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 16, 2022 No. 205

Provision of republican public institution "Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan"

Chapter 1. General provisions

1. The republican public institution "Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan" (further – Committee) is the department of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further – the Ministry) performing realizable and control functions in the field of work including safety and labor protections, and social protection of the population within the competence.

2. The committee performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

3. The committee is legal entity in form of business of public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in Kazakh, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury

4. The committee enters the civil relations from own name. The committee has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

5. The committee on questions of the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the chairman of Committee.

6. The structure and the number of staff of Committee affirm according to the legislation of the Republic of Kazakhstan.

7. Legal address of Committee: Republic of Kazakhstan, 010000, Nour-Sultan's city, Esilsky district, Prospekt Mangilik El, 8, office building "House of the ministries", entrance 6.

8. Full name of Committee – republican public institution "Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan".

9. This Provision is the constituent document of Committee.

10. Financing of activities of Committee is performed from the republican budget.

11. The committee is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of Committee.

If the Committee by legal acts of the Republic of Kazakhstan is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks, rights and obligations of Committee

12. Tasks of Committee:

1) the organization of the state control of observance of the labor law of the Republic of Kazakhstan, including requirements for safety and labor protection, pension and social security, social protection of persons with disability, about special social services within the competence;

2) implementation of realization of state policy in the field of work, including safety and labor protections, pension and social security, social protection of persons with disability, compulsory social insurance, the rehabilitated citizens, citizens who were injured owing to nuclear testing on the Semipalatinsk test nuclear test site, the citizens who were injured owing to ecological disaster in Priaralye, social support of families with children within the competence.

13. Powers of Committee:

1) rights:

perform interaction with other state bodies and the organizations;

request and receive in the procedure established by the legislation from state bodies, other organizations and persons necessary information and materials;

make decisions on the questions entering competence of Committee;

within the competence to make offers to management of the Ministry of modification and amendments in regulatory legal acts on the questions entering competence of Committee;

create under Committee advisory and consultative and commissions of experts on discussion of the questions entering competence of Committee and its territorial subdivisions;

render assistance in limits of the competence to administrative authorities, officials in the cases provided by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

refuse realization of the rights of the participant of ministerial procedure in cases and on the bases which are established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

exercise checks and preventive control of observance of requirements of the labor law of the Republic of Kazakhstan, including requirements for safety and labor protection, legislations on employment of the population, pension and social security, on social protection of persons with disability, about special social services, within the competence;

perform other rights and obligations provided by legal acts of the Republic of Kazakhstan.

2) obligations:

provide timely and high-quality execution of orders of the Head of state, Administration of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, and also plans of bill works of the Government of the Republic of Kazakhstan for the corresponding years;

represent to the Ministry, the state and non-state organizations for the questions entering competence of Committee;

observe the legislation of the Republic of Kazakhstan, without violating the rights and freedoms protected by the law interests of physical persons and legal entities;

participate in work of the commissions and the working groups on discussion of the questions entering competence of Committee and Ministry;

accept and register addresses, promote their registration and the documents attached to them, give opportunity to eliminate formal errors and to supplement the enclosed documents;

explain to the participant of ministerial procedure of its right and obligation on the questions connected with implementation of ministerial procedure;

to beforehand notify the participant of ministerial procedure on the place and time of the spent hearing;

hear the participant of ministerial procedure before decision making on ministerial procedure, except as specified, provided by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

bring the administrative act to the attention of the participant of ministerial procedure or their representatives according to the procedure, established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

perform other obligations provided by legal acts of the Republic of Kazakhstan.

14. Functions of Committee:

1) realization of state policy in the field of work, including safety and labor protections, pension and social security, social protection of persons with disability, compulsory social insurance, the rehabilitated citizens, citizens who were injured owing to nuclear testing on the Semipalatinsk test nuclear test site, the citizens who were injured owing to ecological disaster in Priaralye, social support of families with children within the competence;

2) the organization of monitoring and risks assessment in the field of work, including safety and labor protections;

3) implementation interaction with local authorities on inspection of work concerning employment relationships;

4) implementation of methodical management and coordination of local executive bodies in the field of regulation of employment relationships;

5) control of timely and objective conducting investigation of the accidents connected with labor activity according to the procedure, established by the legislation of the Republic of Kazakhstan;

6) creation of the commission for investigation of the group accidents connected with labor activity in case of which died from three to five people;

7) consideration of the disagreements arising concerning investigation, registration and registration of the accidents connected with labor activity between the employer, the worker and the state inspector of work;

8) development of criteria for evaluation of risk degree and checking sheets behind observance of the labor law of the Republic of Kazakhstan;

9) development of procedure for declaring of activities of the employer;

10) coordination and control of territorial subdivisions of Committee on establishment or refusal in establishment, to change, renewal, suspension, the termination of the budget subsidy of compulsory pension contributions to receivers of social payment on case of loss of the income in connection with child care of age of one year on reaching it;

11) coordination and control of territorial subdivisions of Committee on decision making about appointment (change, renewal, refusal in appointment) payments from the republican budget: the state retirement benefit, the public social benefits on disability, on the occasion of loss of the supporter, retirement benefits on age, the special public welfare payment, the public special welfare payment, the lump-sum public welfare payment granted and paid in connection with the birth of the child, the monthly public welfare payments granted and paid: on child care of age of one year on reaching it, to the mothers having many children awarded with suspension brackets "Three-copecks piece of alg", "Kum_s of alg" or who were entitled earlier "Mother heroine", awarded with the awards "Maternal Glory" I and II of degree, mother or to the father, the adoptive father (adopter), the guardian (custodian) who is bringing up the child with disability (children with disability), to the large families having four and more jointly the living minor children, including children who are studying full-time in the organizations of secondary, technical and professional, postsecondary, higher and (or) postgraduate education after achievement of age of majority by them until the termination of the organizations of education (but no more than before achievement of twenty-three-year age); the public assistance in type of monthly payment to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life or health of workers by the legal entities liquidated owing to bankruptcy, immediate monetary compensation to the citizens who were injured owing to nuclear testing on the Semipalatinsk test nuclear test site, to the victims of political repressions, lump sum payment on burial, differences between the amount of actually brought compulsory pension contributions, compulsory professional pension contributions taking into account the rate of inflation and the amount of pension accruals at the time of acquisition of right to retirement benefits, the budget subsidy of compulsory pension contributions to receivers of social payment on case of loss of the income in connection with child care of age of one year on reaching it;

12) monitoring of acceptance by territorial subdivisions of Committee of documents for purpose of the public social benefit on disability, special public welfare payment on disability, benefits bringing up the child with disability, special public welfare payment on face care with disability of the first group, and also social payment on disability case from the state fund in case of primary establishment of disability;

13) development of criteria for evaluation of risk degree and checking sheets in the sphere of provision of special social services and in the field of social protection of persons with disability;

14) monitoring of rendering special social services in the field of social protection of the population;

15) control of timely and complete transfer to the receiver of social payments by the state corporation;

16) the organization of data collection about the number of receivers and the amounts of retirement and social benefits at the expense of budgetary funds, social payments from the state fund;

17) consideration of claims of participants of system of compulsory social insurance concerning appointment, refusal in purpose of social payments of the state fund, and also timely and complete transfer of social payments by the state corporation;

18) explanation concerning appointment and receipt of pensions and benefits from the republican budget, and also appointment and receipt of social payments from the state Social Insurance Fund of immediate monetary compensation to the citizens who were injured owing to nuclear testing on the Semipalatinsk test nuclear test site, to the victims of political repressions;

19) consideration within the competence of appeals of physical persons and legal entities concerning work, social protection of the population, provision of pensions and compulsory social insurance of immediate monetary compensation to the citizens who were injured owing to nuclear testing on the Semipalatinsk test nuclear test site, to the victims of political repressions;

20) control of timely and correct decision making about appointment (change, renewal, refusal in appointment) social payments from the state Social Insurance Fund;

21) control of timeliness and completeness of payments of the state base retirement benefit, retirement benefits on age, the public social benefits on disability and on the occasion of loss of the supporter, the public special welfare payments, lump sum payment on burial at the expense of budgetary funds;

22) monitoring of rendering the state services by territorial subdivisions of Committee in the sphere of social protection of the population within the competence;

23) coordination of activities of territorial subdivisions of Committee on conducting medico-social examination;

24) monitoring and control of establishment by territorial subdivisions of Committee of group of disability and (or) extent of disability with determination of the reason, term depending on extent of disorder of functions of organism and restrictions of activity;

25) monitoring and control of territorial subdivisions of Committee on development of social and professional parts of the individual program of rehabilitation of persons with disability, to determination of need of the worker who sustained the injuries or other damage of health connected with execution of labor (office) obligations by it in the additional types of the help and leaving provided by the civil legislation of the Republic of Kazakhstan;

26) coordination and monitoring of forming of databases in the field of work, and social protection of the population within the competence, and also the Centralized database of persons having disability;

27) coordination and monitoring of activities of territorial subdivisions of Committee on monitoring procedure of implementation of individual programs of rehabilitation of persons with disability;

28) coordination and monitoring of timely and objective conducting checks of preventive control of Committee by territorial subdivisions;

29) implementation of check of activities of local executive bodies for complete and timely providing persons with disability social services of the individual assistant, the specialist of sign language for persons with disability on hearing, sanatorium treatment, technical auxiliary (compensatory) and special vehicles, according to the admission of suppliers of goods and (or) services on the portal of social services, their registration or removal from registration on the portal of social services, on cost recovery of goods and services from means of the government budget in case of realization to their persons with disability through the portal of social services;

30) implementation of other functions provided by the laws, acts of the President and the Government of the Republic of Kazakhstan.

Chapter 3. Status and powers of the head of Committee

15. Management of Committee is performed of the first head (further – the Chairman) who bears the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of the powers by it.

16. The chairman of Committee is appointed to position and dismissed according to the legislation of the Republic of Kazakhstan.

17. The chairman has deputies who are appointed to positions and are dismissed according to the legislation of the Republic of Kazakhstan.

18. Powers of the Chairman of Committee:

1) will organize work of Committee;

2) is provided by forming of Committee by qualified personnel and increase in their professional level;

Appoints 3) and dismisses employees of Committee, except for workers whose questions of employment relationships according to the legislation are carried to competence of higher officials;

Appoints 4) in coordination with the supervising vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan and dismisses deputy managers of territorial subdivisions of Committee;

5) determines obligations and powers of employees of Committee, except for workers whose questions of employment relationships according to the legislation of the Republic of Kazakhstan are carried to competence of other state bodies and officials;

6) resolves issues of sending, provision of leaves, awardings, establishments of allowances to official pay rates, rendering financial support, preparation (retraining), advanced training of employees of Committee, except for workers whose questions of employment relationships according to the legislation of the Republic of Kazakhstan are carried to competence of other state bodies and officials;

7) resolves issues of provision of leaves, awardings, establishments of allowances to official pay rates, rendering financial support, preparation (retraining), advanced training of deputy managers of territorial subdivisions of Committee;

8) resolves issues of imposing of authority punishments on employees of Committee, except for workers whose questions of employment relationships according to the legislation of the Republic of Kazakhstan are carried to competence of other state bodies and officials;

9) is represented by Committee in state bodies and other organizations irrespective of patterns of ownership;

10) takes the measures directed to anti-corruption in Committee;

11) is performed by acceptance of physical persons and representatives of legal entities according to the procedure, established by the legislation of the Republic of Kazakhstan;

12) implementation of other powers assigned to the Chairman of Committee according to the legislation of the Republic of Kazakhstan.

Execution of powers of the Chairman of Committee in the period of its temporary absence (because of temporary disability, stay on leave, business trip, accomplishment of the state or public duties, to other reasonable excuses) is performed by one of his deputies according to the legislation of the Republic of Kazakhstan.

Vice-chairmen of Committee:

1) coordinate activities of Committee within the powers;

2) in absence period of the chairman of Committee according to the procedure, established by the legislation of the Republic of Kazakhstan, perform management of activities of Committee and bear the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of functions within the powers.

19. The chairman determines powers of the deputies according to the current legislation.

Chapter 4. Property of Committee

20. The committee can have on the right of operational management the isolated property in cases, stipulated by the legislation the Republic of Kazakhstan.

The property of Committee is created at the expense of the property transferred to it by the state and also the property (including cash incomes) acquired as a result of own activities, and other sources which are not forbidden by the legislation of the Republic of Kazakhstan.

21. The property assigned to Committee belongs to republican property.

22. The committee has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the funds allocated to it according to the plan of financing if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 5. Reorganization and abolition of Committee

23. Reorganization and liquidation of Committee are performed according to the legislation of the Republic of Kazakhstan.

The list of the territorial subdivisions which are under authority of Committee:

1. Department of Committee of work and social protection on Akmola area.

2. Department of Committee of work and social protection on the Aktyubinsk region.

3. Department of Committee of work and social protection on Almaty region.

4. Department of Committee of work and social protection on Atyrau area.

5. Department of Committee of work and social protection on the West Kazakhstan region.

6. Department of Committee of work and social protection on Jambyl area.

7. Department of Committee of work and social protection on the Karaganda region.

8. Department of Committee of work and social protection on the Kostanay region.

9. Department of Committee of work and social protection on Kyzylorda area.

10. Department of Committee of work and social protection on Mangystau Region.

11. Department of Committee of work and social protection on the Pavlodar region.

12. Department of Committee of work and social protection on the North Kazakhstan area.

13. Department of Committee of work and social protection on the Turkestan region.

14. Department of Committee of work and social protection on the East Kazakhstan region.

15. Department of Committee of work and social protection on the city of Almaty.

16. Department of Committee of work and social protection on Nour-Sultan's city.

17. Department of Committee of work and social protection on the city of Shymkent.

 

Appendix 1-1

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 16, 2022 No. 205

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