Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document is cancelled since January 20, 2016 according to the Order of the Minister of health and social development of the Republic of Kazakhstan of January 20, 2016 No. 33

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

of June 3, 2008 No. 135-p

About approval of methodical recommendations about application of the Single rules of calculation of the average salary approved by the order of the Government of the Republic of Kazakhstan of December 29, 2007 No. 1394

(as amended on 30-04-2013)

According to the subitem 5) of Item 16 of the Regulations on the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 29, 2004 No. 1132, I ORDER:

1. Approve methodical recommendations about application of the Single rules of calculation of the average salary approved by the order of the Government of the Republic of Kazakhstan of December 29, 2007 No. 1394, according to appendix to this order.

2. Declare invalid the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 22, 2001 No. 120-p "About approval of the Explanation to the Instruction about procedure for calculation of the average salary of workers approved by the order of the Government of the Republic of Kazakhstan of December 29, 2000 No. 1942".

3. Direct this order:

in regional, of Astana and Almaty territorial authorities of the Ministry for management in work;

in the Bulletin of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan "Questions of work and social security" for the publication and also to post it on the website of the Ministry.

4. This order becomes effective from the date of signing.

Minister

B. Saparbayev

Approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 3, 2008 No. 135-P

Methodical recommendations about application of Single rules of calculation of the average salary of the workers approved by the order of the Government of the Republic of Kazakhstan of December 29, 2007 No. 1394

1. General provisions

1. In these Methodical recommendations (further - Recommendations) explanations on application of provisions of the Single rules of calculation of the average salary approved by the order of the Government of the Republic of Kazakhstan of December 29, 2007 No. 1394 according to Item 3 of Article 136 of the Labor code of the Republic of Kazakhstan are stated.

2. The basic concepts used in these Recommendations:

Rules - the Single rules of calculation of the average salary approved by the order of the Government of the Republic of Kazakhstan of December 29, 2007 No. 1394;

Code - The labor code of the Republic of Kazakhstan of May 15, 2007.

2. Application of the concepts used in rules

3. In Rules concepts are used:

event;

settlement period;

average day (sentry) earnings.

3.1. Event.

The event is understood as cases when the average salary according to the Code remains or paid to the worker:

1) No. 187-p-n is excluded according to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of 30.04.2013

2) in case of realization of the right of the employer in case of business necessity, including temporary replacement of the absent worker, on the translation of the worker without its consent for a period of up to one month within calendar year on another, the work which is not caused by the employment contract and not contraindicated to it for health reasons in the same organization, in the same area with compensation on the performed work, but not below the average salary on former work (Article 43);

3) in case of termination of the employment contract without observance of requirements, stipulated in Item 2 articles 52 of the Code, with the compensation payment in the amount of at least average salary in year provided under the agreement with the worker in the employment contract (Article 52);

4) in case of the termination of the employment contract in the case provided by the subitem 1) of Item 1 of article 61 of the Code with compensation payment in the amount of the average salary in three months (Article 61);

5) by provision to the worker of paid annual labor leave with preserving place of employment (position) and the average salary (Items 2, 2-1 Articles 100);

6) in case of payment of idle time of works on fault of the employer determined labor, collective by agreements in the amount of at least fifty percent from the average salary of the worker (Article 133);

7) payment to the worker of the salary for accomplishment of the state and public duties, not below the average salary in the place of the main work (Article 149);

8) for the period of passing at the expense of means of the employer of periodic medical examinations with preserving place of employment (position) and the average salary (Article 150);

9) for the period of inspection and blood donation for the worker who is the donor the place of employment (position) and the average salary remain (Article 151);

10) payment to workers of social benefit for temporary disability at the rate of their average salary (Article 159);

11) No. 187-p-n is excluded according to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of 30.04.2013

12) No. 187-p-n is excluded according to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of 30.04.2013

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.