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

of June 14, 2016 No. 516

About some questions of assistance of employment of the population

(as amended on 26-05-2022)

According to subitems 6), 13) and 26) article 7 of the Law of the Republic of Kazakhstan "About employment of the population" PRIKAZYVAYU:

1. Approve:

1) Rules of the organization and financing of social jobs according to appendix 1 to this order;

2) Rules of the organization and financing of social workplaces according to appendix 2 to this order;

3) Rules of the organization and financing of youth practice according to appendix 3 to this order;

4) Rules of the organization and financing of professional training according to appendix 4 to this order;

5) Rules of carrying out social professional orientation according to appendix 5 to this order;

6) the Social contract on professional training according to appendix 6 to this order.

2. To provide to department of employment of the population 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 five working days from the date of receipt of the registered this order the direction in one copy of its copy in printing and electronic type in the state and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

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

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to legal department of 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), 3) and 4) 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. Recognize invalid some decisions of the Minister of health and social development of the Republic of Kazakhstan according to appendix 6 to this order.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of health and social development of the Republic of Kazakhstan

T. Duysenova

It is approved

Minister of Education and Science of the Republic of Kazakhstan

June 15, 2016

 

______________ E.Sagadiyev

It is approved

Minister of Finance of the Republic of Kazakhstan

June 17, 2016

 

___________ B. Sultanov

It is approved

Minister of national economy of the Republic of Kazakhstan

June 20, 2016

 

___________ K. Bishimbayev

 

Appendix 1

to the Order of the Minister of health and social development of the Republic of Kazakhstan of June 14, 2016 No. 516

Rules of the organization and financing of social jobs

Chapter 1. General provisions

1. These rules of the organization and financing of social jobs (further – Rules) are developed according to the subitem 6) of article 7 of the Law of the Republic of Kazakhstan "About employment of the population" (further – the Law "About Employment of the Population") and determine procedure for the organization and financing of social jobs.

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

1) hard work – types of activity of the worker connected with permanent movements, movement and transferring manually (ten kilograms and more) weights and requiring great physical efforts (power consumption more than 250 kcal/hour);

2) unified information system of the social and labor sphere (further – AIS "Labor market") – 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 and interdepartmental interaction for the purpose of provision of the state services to the population in the social and labor sphere;

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

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

5) 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;

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

7) 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;

8) jobless person – the physical person performing job search and ready to get to work;

9) 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;

10) 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;

11) authorized body concerning employment of the population – the central executive body performing management and cross-industry coordination in the sphere of employment of the population according to the legislation of the Republic of Kazakhstan;

12) jobcenter of the population (further – jobcenter) – the legal entity created by local executive body of the area, the cities of regional and republican value, the capital for the purpose of realization of active measures of assistance of employment and the organization of social protection from unemployment and other measures of assistance of employment;

13) the state information portal "Electronic employment exchange" (further – Electronic employment exchange) – the information system containing single information base of the labor market;

14) the digital signature (further - the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. The types of activity connected with need of urgent mitigation of consequences of accidents, natural disasters, catastrophic crashes and other emergency situations do not belong to social jobs.

4. These rules do not regulate legal relationship on attraction to the social jobs provided by the penal legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for the organization of social jobs

5. Social jobs will be organized by jobcenters for requests of employers.

6. Duration of social jobs constitutes no more than 12 (twelve) months.

7. Social jobs have the following features:

1) opportunity to organize works on the terms of part-time or on flexible hours;

2) economic, social and environmental benefits for the region;

3) the opportunity of temporary employment is given to persons who do not have vocational education.

8. Social jobs will be organized at the companies and in the organizations of all patterns of ownership, at the same time employers who regularly make tax and other social assignments which have no overdue debt on the salary, and the operating more than one year are allowed to participation.

9. The employers performing activities in the regional centers, the cities of republican value and the capital participate in the organization of social jobs once within two years.

10. Social jobs will be organized by creation of temporary workplaces.

11. The quantity of the created temporary workplaces for the organization of social jobs for the next financial year makes no more than 40% from payroll number of workers, except for the workplaces created for disabled people, persons exempted from places of detention, persons who are in the service of probation.

12. The employer by means of "private office" on Electronic employment exchange submits the electronic application for the organization of social jobs to jobcenter for the next financial year till November 1 of the current financial year.

13. The employer fills in the following data in the request: profession according to the National qualifier of occupations, quantity of workplaces, employment duration, the actual number of workers, vacancy availability, possibility of creation of additional workplace.

14. The jobcenter within 5 working days from the date of completion of collection of requests creates the single list of employers and sends to local body for questions of employment of the population for approval.

15. The local body for questions of employment of the population within 5 (five) working days approves the list of the employers organizing social jobs for the next financial year with indication of quantity of workplaces, employment duration, profession and the amount of compensation in month.

The list of employers is updated within calendar year as required.

16. The jobcenter within 5 (five) working days after approval of the list of employers introduces the decision of local body concerning employment of the population in AIS "Labor market" according to each request.

17. In case of acceptance by local body for questions of employment of the population of the decision on refusal in participation of the employer in the organization of social jobs for the next financial year in "private office" of the employer on Electronic employment exchange automatically from AIS "Labor market" the notification on refusal with indication of the reasons arrives.

18. Based on the positive decision of local body concerning employment for requests of the employer the jobcenter from AIS "Labor market" sends the contract for the organization and financing of social jobs (further – the Agreement) in form according to appendix 1 to these rules to "private office" of the employer on Electronic employment exchange.

19. The Agreement is signed by the employer on Electronic employment exchange with use of the EDS within 10 (ten) working days after its receipt from jobcenter.

20. The employer based on the Agreement creates workplaces for the organization of social jobs and within 3 (three) working days will publish vacancies on social jobs on Electronic employment exchange.

21. Participate in social jobs:

1) unemployed;

2) students and pupils of the senior classes of comprehensive schools in non-study time, in the works which are not doing harm to health and not breaking training process;

3) persons who are not provided employment in connection with idle time.

22. Participation of persons in social jobs is performed from their consent according to the procedure of priority according to date of their registration in jobcenter of the population, the these rules except as specified provided in Items 33-34.

23. For participation in social jobs applicants submit to jobcenters the application in form according to appendix 2 to these rules, with appendix of the following documents:

1) identity document;

2) the documents confirming labor activity according to Article 35 of the Labor code of the Republic of Kazakhstan (further – the Labor code) (in the presence);

3) education documents (the certificate, the certificate, the diploma), documents confirming training (the certificate, the certificate) in the presence.

The student or the pupil of the senior classes of comprehensive school, from sixteen to eighteen years, the person interested to participate in social jobs, encloses to the application:

1) written consent of one of parents or legal representatives;

2) the written consent of educational institution to participation in social jobs out of training process.

24. The jobcenter considers the application on participation in social jobs of the student or the pupil of the senior classes of comprehensive school on compliance of requirements the subitem 2) of Item 2 of article 22 of the Law "About Employment of the Population".

25. Person, unsecured work in connection with idle time, encloses the act of the employer of the transfer to the mode of part-time or the reduced duration of working hours, or of provision of social leave, or of induced truancy, leave to the application non-paid (for partially busy hired employees).

After the identity certificate and introduction of data documents return to AIS "Labor market" to the applicant.

26. The jobcenter issues to applicants from their consent the direction on social jobs in form according to appendix 3 to these rules.

27. The applicant addresses the employer concerning employment within 5 (five) working days from the date of receipt of the direction from jobcenter.

28. The employer accepts on social jobs of the applicants who addressed in the direction issued by jobcenter.

29. The employer according to the subitem 4) of Item 2 of article 28 of the Law "About Employment of the Population" within 5 (five) working days informs jobcenter on employment or refusal in employment of applicants.

30. The employer signs the employment contract with the applicant accepted on social jobs according to Article 33 of the Labor code. The employer enters information on the conclusion and the termination with person participating in social jobs, the employment contract in single system of accounting of employment contracts according to the procedure provided by the Labor code.

31. The period of labor activity of person participating in social jobs is set off in its working life.

32. Data on participation of persons in social jobs and employment for permanent job after completion (before the termination of term) participations are reflected in the individual card of employment.

33. Persons which stopped labor activity on social jobs continue work at other employer for the remained not fulfilled term in cases of liquidation of the employer or violation of established procedure of the organization of social jobs by the employer.

34. The unemployed, self-willedally, without reasonable excuse stopped participation in social jobs, are struck off the register as the unemployed and repeatedly go for social jobs only after three months from the date of repeated registration as the unemployed.

35. The jobcenter promotes employment of the unemployed on permanent workplaces after completion of participation in social jobs.

36. The employer in "private office" on Electronic employment exchange monthly fills in the information about persons participating in social jobs in form according to appendix 4 to these rules and sends to jobcenter in 5 (five) working days prior to the termination of month under report in electronic format.

37. The jobcenter monthly till the first following for reporting on the basis of data of Employers puts down data on the statuses of persons participating in social jobs in AIS "Labor market".

Chapter 3. Procedure for financing of social jobs

38. Social jobs are financed by means of republican and (or) local budgets and means of employers according to their requests.

Financing of measures of the state support from the republican budget is performed through authorized body concerning employment of the population.

Financing of measures of the state support from the local budget is performed through local body for questions of employment of the population.

39. Compensation of persons participating in social jobs is regulated by the Labor code based on the employment contract.

The size of the salary of persons participating in social jobs is established by local executive body concerning employment of the population not lower than 20 (twenty) monthly settlement indicators, taking into account taxes, obligatory social assignments and compensation for unused labor leave without payments for ecological allowances.

Depending on complexity of the performed work the employer at the expense of own means, in case of need, establishes additional allowances for actually performed work.

40. Salary payment to persons, participating in social jobs is performed by jobcenter monthly based on the data provided by the employer proceeding from the size established by the employment contract and performed by money transfer on the current (card) accounts of persons participating in social jobs, opened in the banks of the second level or other financial institutions having the right of maintaining separate types of banking activity.

41. Payment of social benefit for temporary disability, the faces participating in social jobs are made by jobcenter according to the Labor code.

42. Indemnification, caused by mutilation or other damage of health, to persons participating in social jobs are made by the employer according to the procedure, provided by the Labor code.

 

Appendix 1

to Rules of the organization and financing of social jobs

Form

The agreement No. _______ on the organization and financing of social jobs

_________________________________ Detention center

____________________ Date

Jobcenter of the population _________________________________________________

_________________________________________________________________________

the area (city), hereinafter referred to as "Customer", on behalf of

_________________________________________________________________________

_________________________________________________________________________,

(surname, name, middle name (in case of its availability) directors) acting on the basis of the

____________________________________________________________ and employer

_________________________________________________________________________

_________________________________________________________________________,

(the name of the employer) hereinafter referred to as "Contractor", on behalf of

__________________________________________________________________________

__________________________________________________________________________

_________________________________________________________________________,

(surname, name, middle name (in case of its availability), position)

acting on the basis of the _________________________________________________

further jointly referred to as "Parties", according to the Law of the Republic

Kazakhstan "About employment of the population", the order of the Minister of Health and

social development of the Republic of Kazakhstan of June 14, 2016 No. 516

"About some questions of assistance of employment of the population" (it is registered in the Register

state registration of regulatory legal acts at No. 13938) (further –

The order No. 516) and based on the decision of local body for questions of employment

populations ________________________________ area, city of regional value,

the cities of republican value, the capital from __ _______ 20 __ years No. _____

signed this agreement on the organization and financing of public

works (further – the Agreement) also came to the agreement as follows:

1. Subject of the agreement

1.1. The organization and financings of social jobs for the unemployed, students and the studying senior classes of comprehensive schools in non-study time in the works which are not doing harm to health and not breaking the training process and persons who are not provided employment in connection with idle time.

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