Agreement © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Agreement n Parties The manifestation by two or more persons of the substance of a contract n Offeror l n Person who makes an offer Offeree l Person to whom an offer has been made © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Employment agreement n means a written agreement between an employee and employer under which the employee agrees to perform personally certain work (job function), comply with internal labour policy, and the employer agrees to provide the employee with certain work under agreed job function
The subject matter of an employment agreement Under an employment agreement, the employee shall perform work (labour function), which requires appropriate qualification, for the remuneration, and shall abide by the internal labour policy, while the employer shall ensure the labour conditions, pay to the employee the wage and other payments as provided for by the labour legislation.
Guarantees of equality of the rights and opportunities n There shall be prohibited to violate the equality of the rights and opportunities when concluding an employment agreement.
Guarantees of equality of the rights and opportunities (continued) n Pregnancy or children younger than three years, minority or disability shall not restrict the right to conclude an employment agreement
Restrictions on conclusion of the employment agreement No employment agreement shall be concluded: n with respect to the work, which the person is prohibited to perform due to his/her state of health, based on the medical certificate;
Restrictions on conclusion of the employment agreement (continued) n with persons under eighteen years of age with respect of a heavy work, or work connected with harmful (extremely harmful) and/or hazardous labour conditions, and with respect to position and jobs, which imply full material liability of the employee for failure to ensure the safety of the property and other valuables of the employer;
Restrictions on conclusion of the employment agreement (continued) n with individuals who have no right to occupy certain position or perform certain activity reason of a final court judgment;
Restrictions on conclusion of the employment agreement (continued) n with foreigners or stateless individuals, who temporarily stay in the RK, until and unless the permit of the local executive body is obtained for the employment of foreign labour in the procedure established by the Government of the RK, or in breach of the limitations and exceptions established by laws of the Republic of Kazakhstan.
Difference of an employment agreement from any other types of agreements The distinctive features of an employment agreement from any other types of agreements are that it must meet one of the following conditions: n performance by an employee of work (labour function) requiring a specific qualification, or on speciality, occupation or position;
Difference of an employment agreement from any other types of agreements (continued) n personal performance of the obligations in compliance with the internal labour policy; getting by an employee of the wage for his/her labour.
Contents of an employment agreement 1. Full details of Parties 2. Employment function 3. Work Place 4. Term 5. Date to commence employment 6. Regimes for work time and rest 7. Remuneration
Contents of an employment agreement (continued) 8. Work conditions 9. Responsibilities of Employee 10. Responsibilities of Employer 11. Amendments & Termination of Contact 12. Other terms and Compensations (if any) 13. Insurance 14. Liabilities 15. Date and number
Details of the parties n n n surname, name and patronymic (if indicated in the identity document) of the employer, where the employer is a natural person, the address of his/her permanent residence, description, number and date of issue of his/her identity document, and taxpayer registration number; full name of the employer, where the employer is a legal entity, and its location, number and date of its state registration, and taxpayer registration number; surname, name and patronymic (if indicated in the identity document) of the employee, description, number and date of issue of his/her identity document, individual identification number, taxpayer registration number, and social individual code
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