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LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 6, 2016 No. 482-V ZRK

About employment of the population

(as amended on 25-06-2020)

This Law governs the legal, economic and organizational relations in the sphere of employment of the population.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) social workplace - the workplace created by the employer on contractual basis with jobcenter of the population for employment of the unemployed with subsidizing of their salary;

2) the social contract - the agreement determining the rights and obligations of the Parties on participation in active measures of assistance of employment between the citizen of the Republic of Kazakhstan or kandasy from among jobless, separate categories of the busy persons determined by the Government of the Republic of Kazakhstan and also other persons in the cases provided by this Law, and jobcenter of the population, and in the cases provided by this Law with the physical persons and legal entities involved in the organization of active measures of assistance of employment and also about rendering the government address public assistance;

3) vacancy - free workplace (position) at the employer;

4) the labor market - the sphere of forming of the demand and supply on labor power;

5) unified information system of the social and labor sphere - the hardware and software intended for automation of activities of authorized body concerning employment of the population, local authorities of employment of the population, jobcenters of the population, the center of development of manpower and interdepartmental interaction for the purpose of provision of the state services to the population in the social and labor sphere;

5-1) it is excluded

5-2) national system of forecasting of manpower - complex of the applied methods and approaches allowing to determine forecast the demand and supply of labor power;

6) freely chosen employment - the activities of citizens of the Republic of Kazakhstan, the kandas, foreigners and stateless persons living in the Republic of Kazakhstan, chosen by them by the free order the capabilities to work, choice of profession and kind of activity;

7) subsidizing of the salary - compensation of part of costs of the employer for compensation of the workers employed on social workplaces in the directions of jobcenter of the population;

7-1) hired employee - the physical person performing work on the employment contract or performing activities for the agreement of civil nature in which the schedule and payment for the worked time or unit of manufactured goods, or for the rendered services are determined by the customer;

8) new workplace - the workplace created in connection with creation of the new company (organization), the subject of entrepreneurship (except created by the termination) or increase in number of workers, and also by upgrade or change of the production technologies requiring new knowledge, skills and ability of the worker;

9) youth practice - type of the labor activity performed by graduates of the organizations of education realizing educational programs of technical and professional, postsecondary, higher and postgraduate education for the purpose of acquisition of initial work experience by the received profession (specialty);

9-1) person who is engaged in private practice - the private notary, the private legal executive, the lawyer and professional mediator;

10) private employment agency - the physical person or legal entity rendering the labor mediation registered according to the procedure, established by the legislation of the Republic of Kazakhstan;

11) labor power - occupied and unemployed population;

12) persons which are not labor force composition - persons who are not busy or jobless;

12-1) busy person - the physical person performing activities for payment or by commercialization by means of use of property, production and sales of goods, performance of works, rendering services;

13) suitable work - the work, including temporality corresponding to professional training, working life and work experience on former specialty, the state of health, the mode of working hours, transport availability of workplace;

14) workplace - the place of permanent or temporary finding of the worker in case of accomplishment of labor obligations by it in the course of labor activity;

15) employment - complex of the organizational, economic and legal actions designed to promote employment of the population;

16) active measures of assistance of employment of the population - measure of social protection from unemployment and employment of the population, the state support of citizens of the Republic of Kazakhstan and kandas from among jobless, separate categories of the busy persons determined by the Government of the Republic of Kazakhstan, and also the other persons in the cases provided by this Law performed according to the procedure, established by the legislation of the Republic of Kazakhstan on employment of the population;

17) employment of the population - the labor activity connected with satisfaction personal and public needs, which is not contradicting the legislation of the Republic of Kazakhstan, bringing in earnings or the income;

18) the individual card of employment - the document in which personal data, the employment history offered and implementable actions, the purposes of assistance of employment and their execution are specified;

19) jobless person - the physical person performing job search and ready to get to work;

20) unemployment - the social and economic phenomenon caused by not demand in the labor market of part of labor power;

21) social protection from unemployment - package of measures, performed by the state according to the procedure, established by the legislation of the Republic of Kazakhstan on employment of the population;

22) social payments on work loss case - the payments performed by the State Social Insurance Fund for benefit of persons registered as the unemployed who are participants of system of compulsory social insurance;

23) social professional orientation - complex of the interconnected actions directed to rendering the practical help in the choice of professions, change of occupation and advanced training taking into account professional knowledge, skills, interests of the personality and requirements of the labor market;

24) professional training - training in the organizations of education or training centers under the organizations of the employers having the right to educational activities including professional training, retraining for the purpose of receipt of new specialties (professions) and advanced training within the measures of assistance of employment provided by this Law;

25) the internal translation - temporary, for the term determined by the employment contract, but no more than three years, with the prolongation right for one year, the translation of the foreigner or stateless persons performing labor activity to positions of the head, manager or specialist in the legal entity founded in the territory of the member country of the World Trade Organization, who is and acting outside the territory of the Republic of Kazakhstan in branches, the affiliated organizations, representations of this legal entity founded in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan;

26) social jobs - the types of labor activity organized by jobcenters of the population, which are not requiring preliminary professional training of workers, having socially useful focus for providing them with temporary employment;

27) the State Social Insurance Fund - the legal entity making accumulation of social assignments, appointment and implementation of social payments to participants of system of compulsory social insurance concerning which there came the case of social risk including family members - dependents in case of loss of the supporter;

28) special workplaces for employment of disabled people - the workplaces equipped taking into account individual opportunities of the disabled person;

29)  No. 203-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.12.2018;

30) the certificate of qualification compliance for independent employment - the document of the established form issued according to the procedure, determined by authorized body concerning employment of the population, to the foreigner or the stateless person conforming to requirements of qualification and the education level for independent employment in the Republic of Kazakhstan by the professions demanded in priority industries of economy (types of economic activity);

30-1) independent worker - the physical person which is independently performing activities for production (realization) of goods, works and services for the purpose of commercialization without state registration of the activities, except for the individual entrepreneurs, persons who are engaged in private practice, founders (participants) of economic partnership and founders, shareholders (participants) of joint-stock company, members of production cooperative;

31) long-term unemployment - unemployment lasting twelve and more months;

32) local body for questions of employment of the population - the structural division of local executive bodies of the area, the cities of regional value, area, cities of republican value, the capital determining the directions of assistance of employment of the population proceeding from situation in the regional labor market;

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