Frequently asked questions
1. Question: What are the working conditions of workers are determined with the participation of the union?
Answer: in each case, based on the content of the legal relationship arose, the Labour Code defines the conditions of participation in union decision-making at various levels of the organization. The concept of working conditions is given in claims 21) to claim 1 of Article 1 of the Labour Code. Working conditions - payment terms, the valuation of labor, working time and rest time, the order of combining trades (positions), the expansion of the service areas, the duties of a temporarily absent employee health and safety, technical, production and living conditions, as well as other conditions, determined by agreement between the parties of labor relations.
2. Question: What is the procedure for termination of employment of persons in respect of which was set a trial period?
Answer: The employment contract with persons in respect of which was set a trial period may be terminated on the basis of claims 5) to claim 1 Article 54 of the Labour Code "for the negative results in the period of probation." In accordance with Article 55 of the Labor Code is not allowed termination of employment by the employer during the period of temporary disability of the employee. According to general rules, upon termination of the employment contract to the specified base, shall state the reason the employee does not pass the probationary period. Specified condition stipulated in paragraph 1 Article 37 of the Labour Code. This Code defined categories of persons against whom is not allowed the establishment of probation (p.5 Article 36 of the Labour Code): persons entering the work in the manner of passing a competition to fill the respective positions; persons who have graduated from a post-secondary organizations, higher and postgraduate education, and provided that such persons are employed for the first time in their specialty, and within one year from the date of termination; people with disabilities. In general, the probationary period is usually determined by the decision of the employer. According to the rules of labor law, all actions of the employer should be understandable, reasonable and meet the criteria of legality, reasonableness and fairness, and obligations imposed upon the employee must comply with the post.
3. Question: How are appointed by the heads of state organization of education?
Answer: on the measures taken in respect of Rectors: 1) as directed by the Ministry of university rectors was written application for termination of the employment contract; 2) due to the reorganization of the university ministry raises the question of reappointment to the post of Rectors; 3) a representative of the Ministry of Education and Science, on the above issues, refers to the decision of the head of the authorized state property. Measures taken contrary to labor law since the reorganization of state-owned enterprises in the form of their conversion is not grounds for termination or change of employment. Under the rules of art. 49 of the Customs Code in cases of change of name, affiliation, a change of ownership of property or reorganization of the employer employment relationship with the employee continues unchanged. Employer acts Minister. In accordance with Section 3 st.139 RK Law of 1 March 2011 "On State Property", the appointment of the head, the head of approval of candidates in the cases provided for in this Act, holding his appraisal carried out in the manner determined by the Government. In accordance with Art. 23 Resolution of the Government of the Republic of Kazakhstan dated November 18, 2011 № 1353 "On approval of the appointment and certification of heads of state enterprises, as well as the approval of his candidacy," the employment relationship with the head of state enterprises are issued by the employment contract in accordance with the Labour Code of the Republic of Kazakhstan. The present decision is determined by the order of the competitive selection, appointment and certification of heads of state enterprises. Under the rules of claim 21 of the present judgment to the Offeror has received a positive decision of the competition committee head of the authorized body of relevant industry employment contract and shall issue an order on appointment, which familiarize Manager. According to claim 24 of the present judgment, the employment contract may be terminated in accordance with the labor legislation of the Republic of Kazakhstan. Resolution of the Government of the Republic of Kazakhstan dated April 28, 2012 № 544 "On some issues of educational institutions of the Ministry of Education and Science of the Republic of Kazakhstan" contains a list of the reorganized universities, any guidance on the issue of termination of the employment contract does not contain.
4. Question: What categories of employees are civil servants?
Answer: In general, the adoption of the Labour Code, depending on the legal status of all employees were divided into three groups: 1) workers who do not belong to the category of civil and public servants; 2) civil servants; 3) public servants. Norms of the Labor Code apply to all workers, including the civil and public servants. In accordance with Clause 3, Article 9 of the Labor Code, especially the legal regulation of work of certain categories of workers are established by this Code and other laws. List of employees relating to civil servants were identified Resolution of the Government of the Republic of Kazakhstan dated September 27, 2007 N 850 "On approval of the list of posts of civil servants." This Decree applies to employees of state-owned enterprises and government agencies, workers of our university does not apply, as our University since 1993 has a special status, falls into the category of public enterprises based on the right of business. In accordance with the second paragraph of Article 50 of the Law of the Republic of Kazakhstan to claim 1, dated 27 July 2007 "On Education", all the teaching staff of educational institutions are state civil servants. For other categories of employees of the University, taking into account the fact that our University is a state-owned enterprise based on the right of business (commercial organization), a list of employees, equal to civil servants, was approved by a separate order.