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

of January 31, 2024 No. 20

About approval of Rules of cost recovery on carrying out preventive measures and (or) rehabilitation measures

According to the subitem 7) Item 1 of article 8 of the Law of the Republic of Kazakhstan "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" PRIKAZYVAYU:

1. Approve the enclosed Rules of cost recovery on carrying out preventive measures and (or) rehabilitation measures.

2. To provide to department of work and social partnership of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation:

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 first vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of January 31, 2024 No. 20

Rules of cost recovery on carrying out preventive measures and (or) rehabilitation measures

Chapter 1. General provisions

1. These rules of cost recovery on carrying out preventive measures and (or) rehabilitation measures (further – Rules) are developed according to the subitem 7) of Item 1 of article 8 of the Law of the Republic of Kazakhstan "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" (further – the Law) and determine procedure for cost recovery on carrying out preventive measures and (or) rehabilitation measures.

2. In Rules the following concepts are used:

1) preventive measures – the measures of precautionary nature directed to creation and improvement of safe working conditions;

2) the organization for forming and maintaining the database – the non-profit organization created in form of business of joint-stock company which hundred percent of voting shares belong to National Bank of the Republic of Kazakhstan, the performing activities for forming and maintaining the single database on insurance according to the Law of the Republic of Kazakhstan "About insurance activity";

3) authorized state body on work (further - authorized body) - the central executive body enabling forming and the realization of state policy in the sphere of employment relationships according to the legislation of the Republic of Kazakhstan;

4) employer – physical person or legal entity with which the worker consists in employment relationships;

5) professional risk – risk of disability or the death of the worker in case of execution of labor (office) obligations;

6) rehabilitation measures – the measures directed to recovery of employee abilities to professional activity and decrease in level of disability;

7) the beneficiary – person who according to the Law is receiver of insurance payment;

8) the single database on insurance (further – the database) – set of information (including electronically) about the insurer, the insurer, insured and the beneficiary;

9) insurance premium – amount of money which the insurer shall pay to the insurer for adoption by the last of the obligation to make insurance payment to the beneficiary in the amount of, determined by the agreement of compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it (further – the agreement of compulsory insurance of the worker from accidents);

10) the insurer - the legal entity who obtained the license for the right of implementation of insurance activity in industry "life insurance" on class annuity insurance and to this type of compulsory insurance in the territory of the Republic of Kazakhstan according to the procedure, established by the legislation of the Republic of Kazakhstan;

11) the insurer – the employer who signed the agreement of compulsory insurance of the worker from accidents.

3. Compensation to the insurer of the costs (part of costs) for carrying out preventive measures and (or) rehabilitation measures which are actually incurred by it is performed within the insurance sum provided by the agreement of compulsory insurance of the worker from accidents, according to the procedure and the amount provided by the Law and these rules.

4. Compensation to the beneficiary of the costs (part of costs) for carrying out rehabilitation measures which are actually incurred by it is performed within the insurance sum provided by the agreement of compulsory insurance of the worker from accidents, according to the procedure and the amount provided by the Law and these rules.

Chapter 2. Procedure for cost recovery on carrying out preventive measures

5. The actions specified in the List of actions for elimination of factor (factors) of professional risk and (or) on decrease in their influence and (or) the actions directed to preserving professional working capacity according to appendix 1 to Rules are subject to compensation.

6. The limiting amount of cost recovery of the insurer on carrying out preventive measures cannot exceed 6 (six) percent from the insurance premium expected expiry date of the agreement of compulsory insurance of the worker from accidents signed between the insurer and the insurer.

7. Compensation to the insurer of the costs for carrying out preventive measures which are actually incurred by it is performed by the insurer in case of payment term of insurance premium in full and only on expiration of the contract of insurance of the worker upon accidents.

8. The insurer within three months from end date of the agreement of compulsory insurance of the worker from accidents files to the insurer petition for cost recovery on carrying out preventive measures according to appendix 2 to Rules and provides on paper or electronic method the following documents:

1) the copy of the agreement of compulsory insurance of the worker from accidents;

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