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THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN FOR PUBLIC SERVICE AND TO ANTI-CORRUPTION

of October 21, 2016 No. 21

About approval of Rules and conditions of passing of probation period and procedure for fixing of mentors

(as amended on 05-01-2023)

According to Item 5 of article 20 of the Law of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve the enclosed Rules and conditions of passing of probation period and procedure for fixing of mentors.

2. Declare invalid the order of the Minister of cases of public service of the Republic of Kazakhstan of December 29, 2015 No. 11 "About approval of Rules and conditions of passing of probation period and procedure for fixing of mentors" (registered in the Register of state registration of regulatory legal acts for No. 12754, published on January 15, 2016 in information system of law of Ad_let).

3. And to anti-corruption in the procedure established by the legislation to provide to department of public service of the Agency of the Republic of Kazakhstan for public service:

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 information system of law of Ad_let;

3) within ten calendar days after state registration of this order the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Agency of the Republic of Kazakhstan for public service and to anti-corruption.

4. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption supervising questions of public service.

5. This order becomes effective from the date of its first official publication.

The chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption

K. Kozhamzharov

 

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of October 21, 2016 No. 21

Rules and conditions of passing of probation period and procedure for fixing of mentors

Chapter 1. General provisions

1. These rules and conditions of passing of probation period and procedure for fixing of mentors (further – Rules) are developed according to Item 5 of article 20 of the Law of the Republic of Kazakhstan "About public service of the Republic of Kazakhstan" and regulate procedure and conditions of passing of probation period, procedure for fixing of mentors, obligations of the mentor and the examinee, procedure for provision of response by the mentor and head of the structural unit in whom the examinee, and also conditions of introduction of the recommendation to the authorized person on encouragement of mentors works.

2. In these rules the following concepts are used:

1) the examinee – the person for the first time accepted on classified public service or who is again arriving on classified public service after dismissal from the state position by results of assessment of activities, probation period, results of certification or for negative motives;

2) probation period – the period of time established for examinees for the purpose of check of their compliance to the held state positions;

3) mentorship – process of adaptation and professional training of examinees to independent accomplishment of service duties;

4) the mentor – the government employee assigned to the examinee, giving him practical help in its professional adaptation;

5) the authorized person – the official (body) having the right of appointment to positions or the official authorized by it.

3. For the government employees who arrived on political public service, classified public service of the case "A" of the elected akims the probation period is not established.

Chapter 2. Procedure and conditions of passing of probation period

4. For examinees the probation period constitutes three months.

In case of unsatisfactory result the probation period is prolonged for three months without repeated subsequent prolongation according to the decision of the official (body) having the right of appointment to the state position, or the official authorized by it.

5. The period of passing of probation period of the examinee is estimated from the moment of the publication of the act of state body of its acceptance for work.

6. The basis for recognition of results of testing unsatisfactory is inadequate accomplishment by the examinee of the job responsibilities assigned to it.

All facts, and also the materials and documents provided by the mentor (or the direct head of the examinee) which confirm inadequate accomplishment of job responsibilities by the examinee, in writing are fixed and gather service of personnel management (personnel service) and are reflected in response about results of testing.

Chapter 3. Procedure for fixing of mentors

7. For probation period, including in case of its prolongation, mentors are assigned to the examinees for the first time arriving on classified public service.

This provision does not extend to the citizens arriving on managerial state positions of heads of territorial subdivisions of the central state bodies and their departments, regional executive bodies, executive bodies of the cities of republican value, the capital financed from the local budget, district, city executive bodies financed from the local budget

In time mentorship absence periods of the employee on service on reasonable excuses, except for findings of the examinee in business trip, on retraining and advanced training are not set off.

8. Fixing of the government employee as the mentor is made based on the order of the authorized person in the act of state body of employment of the examinee.

9. Fixing to one mentor more than two examinees is not allowed.

10. Replacement of the mentor is made by the order of the authorized person in cases:

1) dismissals of the mentor;

2) absences from work of the mentor more than two weeks on reasonable excuses;

3) the reasonable written application of the mentor about its discharge from tutorial activities in general or concerning the specific examinee;

4) the reasonable written application of the examinee about replacement of the mentor;

5) involvement of the mentor to disciplinary, administrative or criminal liability in connection with office activities.

At the same time, the term of implementation of mentorship does not change.

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