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

of July 7, 2015 No. 567

About approval of Single rules of calculation of the average salary

According to the subitem 26) Article 16 of the Labor code of the Republic of Kazakhstan of May 15, 2007 PRIKAZYVAYU:

1. Approve the enclosed Single rules of calculation of the average salary.

2. To provide to department of work and social partnership of the Ministry of health and social development 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) within ten calendar days after state registration of this order the direction it on official publication in periodic printing editions and in information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let;

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

4) 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 health and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the responsible secretary of the Ministry of health and social development of the Republic of Kazakhstan Kurmangaliyeva A. D.

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

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of July 7, 2015, No. 567

Single rules of calculation of the average salary

1. General provisions

1. These Single rules of calculation of the average salary (further - Rules) are developed according to the subitem 26) of Article 16 of the Labor code of the Republic of Kazakhstan of May 15, 2007 (further - the Labor code) and determine single procedure for calculation of the average salary.

2. In these rules the following concepts are used:

1) settlement period - the period lasting twelve months, preceding event with which the corresponding payment (payment) or the period actually of worked time is connected if the worker worked less than twelve calendar months for the employer, used for calculation of the average salary;

2) month - the period with 1 on 30 (31) number of the corresponding month inclusive (in February - on 28 (29) number inclusive);

3) day (sentry) earnings - the salary for unit of time (day, hour);

4) the average salary - the cash amount estimated by the employer and paid to the worker for the period during whom preserving its earnings is guaranteed to the worker;

5) average day (sentry) earnings - the average salary for unit of time (day, hour);

6) event - the cases connected with preserving or payment of the average salary, compensation for unused days of paid annual labor leave according to the Labor code;

7) balance of working hours - the table of indicators of distribution of regulation of working hours on months for the corresponding calendar year taking into account the working days (hours) in case of 36-hour, 40-hour business weeks (five-day week, six days).

3. For all cases of determination of the average salary holidays, and also the first day of Kurban-ayt who is marked out according to Muslim calendar, on January 7 - orthodox Christmas which are the days off according to the Labor code are excluded from settlement period.

4. Unfinished time when to the worker the average salary according to the Labor code was paid or remained is excluded from settlement period in case of calculation of the average salary.

5. Other periods for calculation of the average salary which are not worsening situations of workers also are provided in the collective agreement.

2. Single procedure for calculation of the average salary

6. Calculation of the average salary, both in case of five-day, and in case of six-day business week is made for actually worked time at the rate of average day (sentry) earnings for the corresponding period taking into account the established surcharges and allowances, awards and other stimulating payments having permanent character provided by wages system, except for the average monthly earnings determined for indemnification, caused to life and health of the citizen according to the Civil code of the Republic of Kazakhstan of July 1, 1999.

In case of calculation of the average salary payments according to appendix to these rules are not considered.

7. The average salary of the worker is estimated by multiplication of average day (sentry) earnings by quantity of the working days (working hours) falling on the event period.

8. In all cases average day (sentry) earnings are determined by division of the amount of accrued payroll in settlement period on quantity of the working days (hours) in settlement period.

9. If the settlement period is fulfilled not completely, then average day (sentry) earnings are determined by division of the amount of accrued payroll for worked time on quantity of the working days (hours) in case of five-day or six-day business week, according to falling on this worked time.

10. If in settlement period to the worker the salary was not charged, then calculation of average day (sentry) earnings is perfromed by division of the amount of accrued payroll in twelve months of work preceding settlement period, or for the period actually worked time at this employer preceding settlement period on quantity of the working days (hours) in case of five-day or six-day business week, according to falling on this worked time.

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