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

of November 30, 2015 No. 909

About approval of Rules of declaring of activities of the employer

According to the subitem 36) Article 16 of the Labor code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of declaring of activities of the employer.

2. To provide to committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan:

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 in the Ministry of Justice of the Republic of Kazakhstan, the direction on official publication in periodic printing editions 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;

4) bringing this order to data of local authorities on inspection of work of areas, cities of Astana and Almaty;

5) 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 about 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 vice-Minister of health and social development of the Republic of Kazakhstan Nurymbetov B. B.

4. This order becomes effective since January 1, 2016 and is subject to official publication.

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of November 30, 2015 No. 909

Rules of declaring of activities of the employer

Chapter 1. General provisions

1. These rules of declaring of activities of the employer (further – Rules) are developed according to the subitem 36) of Article 16 of the Labor code of the Republic of Kazakhstan (further – the Labor code) and determine procedure for declaring of activities of the employer.

2. No. 267 is excluded according to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of 10.09.2025

3. In these rules the following concepts are used:

1) declaring of activities of the employer - the procedure of recognition of activities of the employer conforming to requirements of the labor law of the Republic of Kazakhstan based on the application submitted by it;

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

3) territorial subdivision of authorized state body on work (territorial subdivision) – structural division of authorized state body on work, the powers performing within the corresponding administrative and territorial unit in the field of regulation of employment relationships according to the legislation of the Republic of Kazakhstan;

4) territorial trade union association - trade union association at the level of the area, the city, area, the city of republican value and the capital;

5) trade-union body - the governing body formed according to the charter of labor union;

6) gross violations – the violations of the labor law specified in extent of violations of requirements behind observance of the labor law of the Republic of Kazakhstan according to appendix 1 to Criteria for evaluation of risk degree behind the observance of the labor law of the Republic of Kazakhstan approved by the joint order of the Minister of health and social development of the Republic of Kazakhstan of December 25, 2015 No. 1022 and the Minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 801 (it is registered in the Register of state registration of regulatory legal acts for No. 12656);

7) the state inspectors of work – officials of authorized state body on work and its territorial subdivisions which treat:

the chief state inspector of work of the Republic of Kazakhstan – the official of authorized state body on work;

the chief state inspectors of work – officials of authorized state body on work;

the chief state inspector of work of area, city of republican value, the capital – the head of the relevant territorial subdivision of authorized state body on work;

the state inspectors of work – officials of territorial subdivisions of authorized state body on work of area, city of republican value, the capital;

8) Electronic employment exchange – the object of informatization representing the single digital platform of employment for job seekers and employers providing job search and assistance in personnel recruitment, rendering services in the sphere of employment in electronic and pro-active format according to the Social code of the Republic of Kazakhstan.

4. Condition of participation of employers in declaring is compliance of parameters of their activities to requirements of the labor law of the Republic of Kazakhstan.

Chapter 2. Procedure for declaring of activities of the employer

5. Declaring of activities of the employer is performed by territorial subdivision of authorized state body on work together with regional associations of employers and territorial trade union associations.

6. The employer in private office of the state information portal "Electronic employment exchange" fills in the statement declaration for activities of the employer for observance of labor rights of workers (further – the declaration) according to appendix 1 to these rules.

After filling and confirmation of the declaration by the employer, its automatic direction in territorial subdivision of authorized state body on work in the location of the organization is performed by means of integration interaction of the state information portal "Electronic employment exchange" with the automated information system of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan "Labor protection and safety" (further – AIS "OTIB").

After the date of transmission of the declaration in AIS "OTIB" its automatic registration with assignment of unique identification number and is performed registration date that is considered date of official receipt of the declaration in authorized state body on work.

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