Employee Benefits: Pregnancy Discrimination, Maternity leave
In accordance with the Labour Code of the Republic of Kazakhstan, is not allowed any sort of direct or indirect restriction of rights or the direct or indirect benefits for employment, depending on: - Gender - Nationality - Language - Social origin - Property - Place of residence - Attitude to religion - Belief - membership of public associations - Other circumstances not related to employees' qualifications. In contrast to countries with developed market economies in Kazakhstan employers rarely punished for unjustified refusal to work. However, with the formation of the labor market will increase the number of lawsuits from employees relating to various instances of discrimination by employers.
Types of discrimination There are two types of discrimination: - Direct - Indirect. Direct discrimination on the part of the employer is that to a certain his team, he is more meticulously and rigorously than to the rest of the organization. Indirect discrimination - creating less favorable conditions for a staff member compared to other employees. Discrimination in relation to personnel can take place: - In employment - During an interview with a candidate for the post of - After hiring. Often without knowing it, employers discriminate, for example, by gender, in the publication of print ads to invite to work.
The rights of pregnant women - You have no right to deny women in employment to reduce their salary because of pregnancy or having children. - In the case of failure, you have to tell the woman the reasons for refusal in writing. - Keep in mind that a woman has the right to appeal to the people's court and to appeal your decision. - Pregnant women, according to the medical report reduced performance standards, service standards, or they are transferred to another job easier and excludes the impact of adverse factors. - In this case, you are required to maintain a middleincome by the previous work.
Pregnant women can not: - Be required to work at night - To work overtime - Be required to work on weekends - Sent to the trip.
Women are entitled to maternity leave of: - 70 days prior to delivery; - 70 (in the case of complicated deliveries - 86, and the birth of two or more children - 110) calendar days after delivery. Maternity leave shall be calculated cumulatively and granted to a woman is completely independent of the number of days actually before birth. Before you leave for maternity leave or immediately after, or at the end of leave to care for a child the woman at her request, granted annual leave, regardless of length of service in your enterprise. At the request of women they are given leave to care for a child until he is 3 years.
Leave to care for a child is included in the total and uninterrupted service, as well as professional experience. However, keep in mind that the period of service for entitlement to subsequent annual paid holidays, vacation time to care for a child is not counted. Women with children under the age of 1. 5 years, are provided in addition to the general breaks for rest and meals additional breaks for breastfeeding. You have no right to dismiss pregnant women and women with children up to 3 years. This is possible only in case of complete liquidation of your company when Dismissal with mandatory employment. Compulsory employment of women by the employer in cases of dismissal at the end of fixed-term employment agreement (contract) The period of employment they retain the average salary, but not more than 3 months after the end of fixed-term employment agreement (contract).
How to avoid the problems associated with the violation of the legal rights of staff? Best defense against lawsuits related to the violation of legitimate rights of staff, is to eliminate the possible causes of their excitation by your employees. You have to eliminate all the possible cases of discrimination are not directly related to the qualifications of your employees. Do not forget about compliance with the law, the rights of pregnant women and women - mothers.
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