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The document ceased to be valid since March 3, 2017 according to Item 3 of the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 3, 2017 No. 18

ORDER OF THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 17, 2014 No. 145

About some questions of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan

According to the Presidential decree of the Republic of Kazakhstan of August 6, 2014 No. 875 "About reform of system of public administration of the Republic of Kazakhstan" and the order of the Government of the Republic of Kazakhstan of September 23, 2014 No. 1005 "About some questions of the Ministry of health and social development of the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve provisions:

1) public institution "Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 1 to this order;

2) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan on Akmola area" according to appendix 2 to this order;

3) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan on the Aktyubinsk region" according to appendix 3 to this order;

4) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan across Almaty region" according to appendix 4 to this order;

5) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan on Atyrau area" according to appendix 5 to this order;

6) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan across the East Kazakhstan region" according to appendix 6 to this order;

7) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan on Jambyl area" according to appendix 7 to this order;

8) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan across the West Kazakhstan region" according to appendix 8 to this order;

9) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan across the Karaganda region" according to appendix 9 to this order;

10) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan on Kyzylorda area" according to appendix 10 to this order;

11) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan across the Kostanay region" according to appendix 11 to this order;

12) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan across Mangystau Region" according to appendix 12 to this order;

13) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan across the Pavlodar region" according to appendix 13 to this order;

14) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan on the North Kazakhstan area" according to appendix 14 to this order;

15) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan on the Southern Kazakhstan area" according to appendix 15 to this order;

16) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan on the city of Astana" according to appendix 16 to this order;

17) public institution "Department of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan on the city of Almaty" according to appendix 17 to this order.

2. In the procedure established by the legislation to provide to committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan (further - Committee):

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

2) within ten calendar days after state registration of this order its direction on official publication in mass media and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan.

3. Recognize invalid:

1) the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of April 9, 2014 No. 157-O "About approval of the Provision of public institution the "Committee on migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan" (registered in the Ministry of Justice of the Republic of Kazakhstan on May 14, 2014 No. 9420, No. 124 published in the newspapers "Kazakhstanskaya Pravda" of 26.06.2014 (27745), "Egemen Kazakstan" 26.06.2014. No. 124 (28348);

2) the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of May 11, 2014 No. 216-O "About approval of the Provision of public institution "Committee on control and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan" (registered in the Ministry of Justice of the Republic of Kazakhstan on June 5, 2014 No. 9484, 16.06.2014 published in the Information system of law of Ad_let.

4. This order becomes effective from the date of its state registration and is subject to official publication.

Minister of health and social development of the Republic of Kazakhstan

T. Duysenova

Appendix 1

to the Order of the Minister of health and social development of the Republic of Kazakhstan of October 17, 2014 No. 145

Provision of public institution "Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan"

1. General provisions

1. The public institution "Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan" (further - Committee) is the department of the Ministry of health and social development of the Republic of Kazakhstan (further - the Ministry) performing realizable and control functions in the field of work including safety and labor protections, employment, migration and social protection of the population within 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 and stamps with the name in state language, 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 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.

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

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

7. Legal address of Committee: Republic of Kazakhstan, 010000, city of Astana, Esilsky district, Ulitsa Orynbor, house 8, office building "House of the ministries", 5-6 entrances.

8. Full name of Committee - republican public institution "Committee of work, social protection and migration of the Ministry of health and social development 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 functions 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.

2. Main objectives and functions, rights and obligations of Committee

12. Tasks of Committee:

1) implementation of the state control of observance of the labor law of the Republic of Kazakhstan, including requirements for safety and labor protection, legislations on employment of the population, provision of pensions, social protection of disabled people, on compulsory social insurance, special social services, and also on population shift;

2) realization of state policy in the field of work, including safety and labor protection and social security, including provision of pensions and compulsory social insurance, social support of families with children, provision of the public assistance to separate categories of citizens, social protection of disabled people in the sphere of provision of special social services, and also population shift within the competence.

13. Functions of Committee:

1) development and program implementation in the field of work;

2) realization of state policy in the field of work;

3) implementation of monitoring of labor disputes, wages payable;

4) approval of normative legal orders with direct competence on their approval of regulatory legal acts of the ministry, except for the regulatory legal acts affecting rights and freedoms of man and citizen;

5) implementation of request of necessary information from local authorities on inspection of work concerning employment relationships;

6) implementation of coordination and methodical management behind activities of local executive bodies in the field of regulation of employment relationships, and also on check of activities of local body for inspection of work;

7) coordination of appointment of the chief state inspector of work of area, city of republican value, capital;

8) participation in implementation of monitoring of execution by subsoil users of contract commitments according to local content in personnel, and also on providing conditions and non-admission of discrimination in compensation of domestic and foreign staff;

9) consideration of addresses of workers, employers and their representatives on safety issues and labor protections;

10) the organization of monitoring and risks assessment in the sphere of safety and labor protection;

11) participation in carrying out training and examination at the leading employees and persons responsible for safety and labor protections at employers;

12) conducting investigations of group accidents in case of which died from three to five people the commission created by Committee;

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

14) consideration of the disagreements which arose concerning investigation, registration and registration of accidents between the employer, the worker and the state inspector of work;

15) realization of state policy in the field of population shift;

16) program implementation in the field of population shift;

17) introduction of offers to management of the Ministry of forming and distribution of quota for attraction of foreign labor power for implementation of labor activity in the territory of the Republic of Kazakhstan, between areas, the cities of Astana and Almaty;

18) introduction of offers to management of the Ministry of forming of quota of resettlement of internal migrants;

19) introduction of offers to management of the Ministry of procedure for assignment of the status of the oralman;

20) development of offers to management of the Ministry of distribution of quota of resettlement of internal migrants between areas, the city of republican value and the capital;

21) implementation of monitoring of migratory processes and provision of its results to management of the Ministry;

22) introduction of offers to management of the Ministry of development of the system of measures in the field of regulation and monitoring of migratory processes;

23) consideration of claims about refusal in assignment of the status of the oralman;

24) introduction of offers to management of the Ministry of procedure for activities of the centers of adaptation and integration of oralmans, centers of temporary placement;

25) within the competence implementation of interagency coordination of activities of state bodies concerning population shift;

26) implementation within competence cooperation with authorized bodies of foreign states and the international organizations in the sphere of regulation of migratory processes;

27) development and program implementation in the field of social protection;

28) realization of state policy in the field of social protection;

29) implementation of purpose of the state base retirement benefit, the public social benefits on disability, on the occasion of loss of the supporter and on age, retirement and social benefits from RGKP "State Center for Pension Payment" (further - the Center) and JSC State Social Insurance Fund (further - Fund), the size of the compulsory pension contributions subsidized at the expense of budgetary funds, 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, special public welfare payment, the public special welfare payment, public welfare payment to the families having children, monthly payment 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 citizens the victim owing to nuclear testing on the Semipalatinsk test nuclear test site, to the victims of political repressions, lump sum payment on burial and ensuring their payments;

30) decision making about appointment or refusal in purpose of retirement and social benefits from the Center and Fund;

31) implementation of the organization of data collection about the number of receivers and the amounts of retirement and social benefits from the Center and Fund;

32) carrying out explanations concerning appointment and receipt of retirement and social benefits from the Center and Fund;

33) control of timeliness and completeness of payment of the state base retirement benefit, retirement benefits, public social benefits on disability, on the occasion of loss of the supporter and on age, special public welfare payment, benefit for the birth and on child care, immediate monetary compensations to the victims of political repressions, citizens who were injured owing to nuclear testing on the Semipalatinsk test nuclear test site, lump sum payments on burial, monthly payment 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 from the Center, social payments from Fund;

34) conducting check of reliability of the documents necessary for purpose of retirement and social benefits from the Center and social payments from Fund;

35) determination of the list, forms, term of provision of financial and other reporting by all types of retirement and social benefits from the Center and Fund for ensuring the control and supervising functions;

36) receipt of data on activities of Fund, and also from state bodies and the organizations of data, necessary for implementation of the control and supervising functions;

37) conducting inspection within the competence of activities of Fund according to the procedure, established by the legislation of the Republic of Kazakhstan;

38) conducting medico-social examination;

39) determination of group of disability, its reason, terms, disability approach time, extent of disability, category "handicapped child" depending on extent of disorder of functions of organism and restrictions of activity;

40) implementation of creation of individual programs of rehabilitation of disabled people and control of their rehabilitation;

41) carrying out work on maintaining databases in the field of work, migrations, social protection of the population, including databases of AIS "Labor Protection", "Centralized Databank of Persons Having Disability", "Oralman", "Foreign Labor Power" and also support of AIS "E-social security";

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

14. Rights and obligations of Committee:

1) to perform interaction with other state bodies, local executive bodies and the organizations;

Requests 2) from the organizations which are under authority of the Ministry from local authorities on inspection of work, employers (legal entities), physical persons, including persons who are engaged in business activity, documents and the references of information nature necessary for ensuring analytical work and accomplishment of the functions assigned to Committee;

3) makes relevant decisions on the questions entering competence of Committee;

4) performs checks and other forms of the state control of observance of requirements of the labor law of the Republic of Kazakhstan by employers, including requirements for safety and labor protection, the legislation on employment of the population, provision of pensions, social protection of disabled people, on compulsory social insurance, special social services, and also on population shift, within the competence;

5) participates in work of the commissions and the working groups on discussion of the questions entering competence of Committee;

6) makes explanations, recommendations, instructions and makes decisions on the questions entering competence;

7) creates advisory advisory bodies and commissions of experts under Committee;

8) provides 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;

9) is represented by the Ministry in the state and non-state organizations for the questions entering competence of Committee and message the corresponding correspondence;

10) is observed by the legislation of the Republic of Kazakhstan, is right also the interests of physical persons and legal entities protected by the law;

11) performs other rights and obligations provided by legal acts of the Republic of Kazakhstan.

3. Organization of activities of Committee

15. The committee has the powers necessary for realization of its main objectives and functions, according to legal acts, acts of the President of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan.

16. The committee is headed by the Chairman of Committee - the Chief state inspector of work of the Republic of Kazakhstan (further - the Chairman) appointed to position and dismissed according to the procedure, established by the legislation of the Republic of Kazakhstan.

17. The chairman of Committee will organize and directs work of Committee and bears the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of the functions by it.

18. For this purpose Chairman of Committee:

1) is provided by forming of Committee with qualification personnel and increase in their professional levels;

2) according to the legislation, appoints and dismisses employees of Committee, except for workers whose questions of employment relationships according to legal acts are carried to competence of the higher official;

3) determines obligations and powers of vice-chairmen of Committee;

4) determines obligations and powers of heads of structural divisions of Committee;

5) determines obligations and powers of heads and deputy managers of territorial subdivisions of Committee;

6) in the procedure established by the legislation resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding, advanced training of employees of Committee, and deputy managers of territorial subdivisions;

7) resolves issues of imposing of authority punishments on employees of Committee, except for workers whose questions of employment relationships according to legal acts are carried to competence of the higher official;

8) represents Committee in state bodies and other organizations, irrespective of patterns of ownership;

9) according to the legislation makes decisions on presentation on behalf of Committee of claims and claims to legal entities and physical persons;

10) makes decisions and signs legal acts on the questions entering competence of Committee;

11) approves regulations on the questions entering competence with direct competence on their approval of acts of the ministry, except for the regulatory legal acts affecting rights and freedoms of man and citizen;

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

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