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JOINT ORDER OF THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 25, 2015 No. 1022, on December 28, 2015 No. 801

About approval of Criteria for evaluation of risk degree and checking sheets behind observance of the labor law of the Republic of Kazakhstan

(as amended on 04-06-2021)

According to part three of Item 3 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYEM:

1. Approve enclosed:

1) criteria for evaluation of risk degree behind observance of the labor law of the Republic of Kazakhstan, according to appendix 1 to this joint order;

2) checking sheets behind observance of the labor law of the Republic of Kazakhstan, according to appendices 2, 3 and 4 to this joint order.

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 joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this joint order, the direction it on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this joint order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan;

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

3. Declare invalid the joint order of the Minister of health and social development of the Republic of Kazakhstan of June 30, 2015 No. 545 and the acting minister of national economy of the Republic of Kazakhstan of June 30, 2015 No. 491 "About approval of Criteria for evaluation of risk degree and form of checking leaf in the field of the labor law of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts for No. 11744, published in information system of law of Ad_let on August 17, 2015).

4. To impose control of execution of this joint order on the vice-Minister of health and social development of the Republic of Kazakhstan Nurymbetov B. B.

5. This joint 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

Minister of national economy of the Republic of Kazakhstan

______________ E.Dosayev

It is approved

Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

December 28, 2015

 

 

_____________________ S. Aytpayeva

Appendix 1

to the Joint Order of the Minister of health and social development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 25, 2015 No. 1022, on December 28, 2015 No. 801

Criteria for evaluation of risk degree behind observance of the labor law of the Republic of Kazakhstan

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree behind observance of the labor law of the Republic of Kazakhstan (further - Criteria) are developed according to the Labor code of the Republic of Kazakhstan of November 23, 2015, the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) and Rules of forming of system of risks assessment by the state bodies approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts for No. 17371) for selection of subjects of control when carrying out preventive control with visit of the subject of control.

2. In these Criteria the following concepts are used:

1) subjects of control - physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control is exercised;

2) insignificant violations - violations of the labor law regarding legality of the adopted acts of the employer concerning employment relationships, implementation of guarantees and compensation payments and also violations of the law about employment of the population and attraction of foreign labor power;

3) considerable violations - violations of the labor law, including on safety and labor protection, not relating to gross and insignificant violations according to subitems 4) and 2) this Item;

4) gross violations - the violations of the labor law specified in subjective criteria for evaluation of risk degree according to appendix to these Criteria;

5) risk - probability of damnification as a result of activities of the employer of life or to health of the worker, its legitimate interests in case of execution of labor obligations by it, including as a result of accidents;

6) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects of control depending on risk degree in certain field of activity and which are not depending directly on the certain subject of control;

7) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of subjects of control depending on results of activities of the specific subject of control;

8) system of risks assessment - complex of the events held by control facility for the purpose of purpose of preventive control with visit of the subject of control;

9) the checking sheet - the list of requirements including requirements to activities of subjects of control which non-compliance involves threat of life and to health of the person, legitimate interests of physical persons.

3. Criteria for evaluation of risk degree for preventive control with visit of the subject of control are created by means of objective and subjective criteria.

Chapter 2. Objective criteria

4. By objective criteria the subjects of control performing activities in the following types of economic activity with high probability of damnification of life or to health of the person, legitimate interests of physical persons treat high risk:

mining industry and development of pits;

electric utility service, supply of gas, couple and air conditioning;

processing industry;

construction;

transport and warehousing;

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