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

of December 28, 2015 No. 1036

About approval of Rules of development, approval, replacement and review of regulations of work by the employer, standard regulations and standard rates on work, single and (or) cross-industry standard regulations and standard rates on work for all fields of activity

(as amended on 11-12-2019)

According to the subitem 8) Article 16 of the Labor code of the Republic of Kazakhstan of November 23, 2015 PRIKAZYVAYU:

1. Approve the enclosed Rules of development, approval, replacement and review of regulations of work by the employer, standard regulations and standard rates on work, single and (or) cross-industry standard regulations and standard rates on work for all fields of activity.

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 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) 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.

4. 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.

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

Minister of health and social development of the Republic of Kazakhstan

T. Duysenova

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of December 28, 2015 No. 1036

Rules of development, approval, replacement and review of regulations of work by the employer, standard regulations and standard rates on work, single and (or) cross-industry standard regulations and standard rates on work for all fields of activity

Chapter 1. General provisions

1. These rules of development, approval, replacement and review of regulations of work by the employer, standard regulations and standard rates on work, single and (or) cross-industry standard regulations and standard rates on work (further - Rules) are developed for all fields of activity according to the Labor code of the Republic of Kazakhstan of November 23, 2015 and determine procedure for development, introduction, replacement and review of regulations of work by the employer, developments and approvals of standard regulations and standard rates by work by industry employers' associations, approvals of single and (or) cross-industry standard regulations and standard rates on work for all fields of activity by National chamber of entrepreneurs of the Republic of Kazakhstan in coordination with employee representatives.

2. In these rules the following basic concepts are used:

standard regulations and standard rates on work (developments and (or) time and (or) servicing and (or) number) - the regulated values of costs of work for performance of works in the organizations of one industry of economy (further - standard regulations of work);

single and (or) cross-industry standard regulations and standard rates on work for all fields of activity (development and (or) time and (or) servicing and (or) number) - the regulated values of costs of work for performance of works in the organizations of different industries for identical technology in similar conditions of production for number of types of economic activity and application by employers as standard in case of regulation of work of workers on the corresponding work types (further - cross-industry regulations of work);

the request - the official appeal (statement) of the organization to industry employers' association, National chamber of entrepreneurs of the Republic of Kazakhstan about consideration and approval of standard or cross-industry regulations of work;

work regulations in the organization (performance standards and (or) regulations of time and (or) regulation of servicing and (or) standard rates of number) - the regulated values (sizes) of costs of work (time) for accomplishment of separate elements (complexes) of works, servicing of unit of equipment, workplace, structural division, and also number of the workers of certain vocational structure necessary for the accomplishment of production, managerial functions or amount of works accepted for unit of measure depending on specific organizational specifications and production factors.

Other concepts and terms used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for development and approval of regulations of work

3. Work regulations are developed and affirm as the organization the employer for work for which there are no cross-industry or standard regulations of work.

4. Standard regulations of work are developed and affirm industry employers' association (further - Association).

5. Cross-industry regulations of work are developed by the employer and affirm National chamber of entrepreneurs of the Republic of Kazakhstan (further – Chamber) in coordination with employee representatives.

6. The organization develops work regulations independently in the presence of the relevant structures in the organization and (or) involves qualified specialists in work, or places the order for development according to the legislation of the Republic of Kazakhstan in the organizations meeting the following requirements:

availability of the higher education (economic, engineering and economic, technical) at the head and workers performing development of normative materials on work regulation;

availability of the documents confirming professional knowledge, education (the diploma, the certificate), scientific or practical activities, data on place of employment, know-how and length of service in this sphere of the head and workers and other information according to the current legislation.

7. The request for approval of cross-industry or standard regulations of work provided by the employer is considered by Association or Chamber within thirty calendar days from the moment of its receipt.

8. Following the results of consideration of regulations of the work Association or Chamber:

in the presence of notes and offers to projects directs the motivated conclusion about need of their completion;

refuses adoption of the request to consideration in cases of non-presentation by the organization of the materials provided by Chapter 3 of these rules;

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