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LABOR CODE OF THE REPUBLIC OF KAZAKHSTAN

of November 23, 2015 No. 414-V ZRK

(The last edition from 15-06-2017)

General part

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Code

1. In this Code the following basic concepts are used:

1) civil service - the professional activity of civil servants on execution of ex-officio full powers directed to realization of tasks and functions of the state companies, public institutions, implementation of maintenance and ensuring functioning of state bodies;

2) the civil servant - the person occupying in the procedure established by the legislation of the Republic of Kazakhstan paid established post in the state companies, public institutions and performing ex-officio full powers for the purpose of realization of their tasks and functions, implementation of maintenance and ensuring functioning of state bodies;

3) the minimum size of the monthly salary - guaranteed minimum of money payments to the worker of simple unqualified (least complex) work in case of accomplishment of labor obligations by it in normal conditions and at the normal duration of working hours, established by this Code, in month;

4) special clothes - clothes, footwear, headdress, mittens, other individual protection equipment intended for protection of the worker against harmful and (or) dangerous production factors;

5) hard work - types of activity of the worker connected with permanent movements, movement and transferring manually (ten kilograms and more) weights and requiring great physical efforts (power consumption more than 250 kcal/hour);

6) shift work - work in two or in three or four working shifts within a day;

7) social partnership - the system of relations between workers (employee representatives), employers (representatives of employers), state bodies aimed at providing coordination of their interests concerning regulation of the employment relationships and others which are directly connected with employment relationships;

8) the agreement general, industry, regional (further - the agreement) - the legal act in the form of the written agreement signed between the parties of social partnership determining content and obligations of the parties by establishment of working conditions, employment and social guarantees for workers at the republican, industry and regional levels;

9) condition about not competition - the terms of the contract about not competition limiting the worker's right to implementation of the actions capable to cause damage to the employer;

10) idle time - temporary suspension of work on the reasons of economic, technological, organizational, other production or natural nature;

11) qualification category (category) - the level of requirements to qualification of the worker reflecting complexity of the performed works;

12) the intermediary - the physical person or legal entity involved by the parties of employment relationships for rendering services in permission of employment dispute;

13) leave - release of the worker from work for certain period for ensuring annual rest of the worker or the social purposes with preserving place of employment (position) behind it and in the cases established by this Code, the average salary;

14) work - the activities of the person directed to creation of the material, cultural and other values necessary for life and requirements satisfaction of the person and society;

15) occupational health - complex of sanitary and epidemiologic measures and means on preserving health of workers, prevention of adverse effects of the production circle and labor process;

16) employment dispute - disagreements between the worker (workers) and the employer (employers) concerning application of the labor law of the Republic of Kazakhstan, accomplishment or change of conditions of agreements, labor and (or) collective agreements, acts of the employer;

17) working conditions - payment terms, regulations of work, accomplishment of labor obligations, the mode of working hours and time of rest, procedure for combination of professions (positions), expansions of zones of servicing, accomplishment of obligations of temporarily absent worker, safety and labor protections, technical, production living conditions, and also others as agreed by the parties working conditions;

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