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

of November 30, 2015 No. 908

About approval of Single rules of calculation of the average salary

According to the subitem 22) Article 16 of the Labor code of the Republic of Kazakhstan 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 "Adilet";

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. Declare invalid the 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" (registered in the Register of state registration of regulatory legal acts for No. 11855, published in information system of law of Ad_let of August 11, 2015).

4. 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.

5. 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 on November 30, 2015, No. 908

Single rules of calculation of the average salary

Chapter 1. General provisions

1. These Single rules of calculation of the average salary (further - Rules) are developed according to the subitem 22) of Article 16 of the Labor code of the Republic of Kazakhstan (further - the Labor code) and determine single procedure for calculation of the average salary.

2. In these rules the following concepts are used:

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

2) settlement period - the period lasting twelve calendar 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;

3) 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);

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

5) 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;

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

7) 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;

8) the stimulating payments having permanent character - payments which are paid regularly in case of approach of the cases provided by wages system.

3.  No. 177 is excluded according to the Order of the Minister of health and social development of the Republic of Kazakhstan of 04.03.2016

4. The unfinished time and the amounts added during this period for unfinished time when to the worker according to the Labor code the average salary 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 also can be provided in the collective agreement if it does not worsen situation of workers.

Chapter 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 the purpose of indemnification, caused to life and health of the citizen according to the Civil code of the Republic of Kazakhstan.

In case of calculation of the average salary the payments specified in 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 proceeding from balance of working hours in case of five-day or six-day business week.

7-1. In case of the summed-up accounting of working hours the average salary of the worker, except payment of leaf of temporary disability, is estimated by multiplication of average hourly earnings by the daily average number of working hours and the number of calendar days of event.

The daily average number of working hours is determined by the following formula:

SRDRCH = SrmRCh/SRMKD, where:

SRDRCH - the daily average number of working hours;

SRMRCH - the average monthly number of working hours in case of five-day or six-day business week according to balance of working hours of the calendar year operating for the beginning of event;

SRMKD - the average monthly number of calendar days without holidays according to balance of working hours of the calendar year operating for the beginning of event.

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